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ONE HUNDRED-FOURTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Saturday, April 24, 1993
The House was called to order at 10:00 a.m. by the Speaker (Representative Dellwo presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Pamela Jannison and Jayme Jensen. Inspirational Message was offered by Representative Padden.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE GOVERNOR
April 24, 1993
To the Honorable, the Senate
and House of Representatives
of the State of Washington
Ladies and Gentlemen:
In compliance with the provision of Section 11 of Article III of the Constitution of the State of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the convening of the 1993 Regular Session of the Fifty-Third Legislature, copy of which is attached.
Respectfully submitted,
Ed Fleisher
Legal Counsel to the Governor
Attachments
ORDER OF REPRIEVE
FOR
WILLIAM CHARLES BRAND
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On February 6, 1986, William Charles Brand was found guilty of murder in the second degree by the Superior Court of the State of Washington for King County and was sentenced on August 1 of that year to 164 months of total confinement. Mr. Brand shot his wife on February 20, 1985. The possibility of a link between the combination of medications taken by Mr. Brand and his mental state at the time of the shooting led the original trial judge to grant a motion for new trial and to release Mr. Brand on bail on October 11, 1991. Mr. Brand served a total of almost 6 years and 8 months in confinement. While incarcerated, Mr. Brand worked as a clerk in the law library until medically unable to continue. He incurred no infractions.
Since his release, Mr. Brand's health has deteriorated. He suffers from emphysema, requires an oxygen supplement and is confined to a wheelchair. He has spent the 1 year and 5 months since his release in the care of his daughters Denise and Lisa in Seattle. Mr. Brand's physician estimates a life expectancy of no more than 1 to 2 years due to his severe chronic lung disease.
The Count of Appeals remanded the case back to the trial court for further proceedings by the Washington State Supreme Court Reversed. Mr. Brand is now required to report to the Department of Corrections on March 17th, 1993, to continue serving his sentence.
In November of 1992, Mr. Brand petitioned the Clemency and Pardons Board for relief. In its meeting of March 12, 1993, the Board voted to defer a decision on the petition until their June 11 meeting so as to gather further medical information and input from the King County Prosecuting Attorney. When questioned by the Board as to why he should be pardoned, Mr. Brand stated that he believed he had little time left, he was not a threat to anyone and had become only a burden. He added that he preferred being a burden to his family rather than the state. The Board did not consider the issue of a reprieve during the March 12 meeting
NOW THEREFORE, I, Mike Lowry, Governor of the State of Washington, do hereby grant William Charles Brand a reprieve from the sentence of the Court until such time as the Clemency and Pardons Board recommends, and I render, a decision on his petition.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia, this 15th day of March, A.D. nineteen and ninety-three.
(Seal)
Mike Lowery
Governor of Washington
BY THE GOVERNOR:
Ralph Munro
Secretary of State
ORDER OF CLEMENCY
Lupe Ortegza Figueroa
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
Lupe Ortega Figueroa was charged in on February 22, 1990, with one count of possession of heroin with the intent to manufacture or deliver, in violation of the Uniform Control Substances Act. Ms. Figueroa was found guilty on July 27, 1990, by jury verdict in the Superior Court of the State of Washington for King County.
Ms. Figueroa was sentenced to a term of total confinement in the custody of the Department of Corrections for a term of 27 months.
Ms. Figueroa is in poor health. According to Dr. Marcus Rempel, she has a past history of seizure disorder, hypothyroidism, and myocardial infarction. She has had to angioplastys for coronary ischemia and is currently suffering from arthritis.
On March 12, 1993, the Clemency and Pardons Board met to review the Clemency Petition presented on behalf of Ms. Figueroa. The Board voted unanimously to recommend that the Governor grant clemency to Ms. Figueroa due to her diminished health and other extraordinary circumstances discussed in executive session.
This is an extraordinary case and justifies granting clemency at this time.
NOW, THEREFOR, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant a full pardon for Lupe Ortega Figueroa for the conviction noted herein.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia this 19th day of March, A.D., nineteen hundred and ninety-three.
(Seal)
Mike Lowry
Governor of Washington
BY THE GOVERNOR:
Ralph Munro
Secretary of State
CONDITIONAL COMMUTATION ORDER
Joel Stephen Rose
To All to Whom These Presents Shall Come, Greetings:
On August 13, 1989, while working as a contract attorney with the Department of Assigned Counsel in Tacoma, Joel Rose contacted a mentally ill patient at Western State Hospital and offered him payment for oral sex. At Mr. Rose's request this patient brought in another patient who was then fondled by Mr. Rose, also for payment. Both patients involved were committed as "gravely disabled." At the time of this incident, Mr. Rose was aware that he was HIV positive.
Mr. Rose was sentenced by the Superior Court of the State of Washington for Pierce County on May 1, 1990. Mr. Rose was given an exceptional sentence of 60 months and 20 months, concurrently, for Rape in the Second Degree and Indecent Liberties.
Mr. Rose is currently incarcerated at the Washington State Reformatory with an anticipated release date of September 1, 1993. While incarcerated, he attended college classes, but has been unable to work due to his debilitating medical condition. He has been a volunteer for the Community AIDS Coalition Program.
Information provided by the Department of Correction, the University of Washington Medical Center, Mr. Rose's attorney, and representatives from the International Coalition of Jewish Prisoner Services, and the ALEPH Institute verify that Mr. Rose is in the last stages of AIDS. His prognosis is very poor. He is dying from complication associated with the HIV virus, including thrush and skin cancer. He is AIDS active and his T cell count is below 25. Mr. Rose will probably perish in the very near future, with the most optimistic prognosis being that he will not survive beyond the next six to twelve months.
It must be noted that in the pre-sentence investigation into Mr. Rose's case, his behavior was described at being predatory. His victims were described as being extremely vulnerable due to their grave mental disabilities and susceptibility to victimization, particularly by an individual in the trusted position of attorney.
Mr. Rose made application to the Clemency and Pardons Board on January 29, 1993. The basis for his request is that he is near death, but for the fact that he was sentenced to exceptional sentence, he would, in all likelihood, be eligible for release at the present time. He asks that his family and friends be allowed to care for him in this last stage of his life.
The Clemency and Pardons Board, at its March 12, 1993 meeting, reviewed and discussed the petition of Mr. Rose. Testimony and associated documents were presented on his behalf by his attorney, Mr. John Cain; Mr. Gary Friedman of the International Coalition of Jewish Prisoner Services; and Rabbi James Brinell. After deliberation, the Board voted 4-0 to recommend to the Governor that conditional clemency be granted on the basis of Mr. Rose's grave medical condition.
This an extraordinary case which, because of Mr. Rose's medical condition, justifies granting conditional clemency at this time, for the remainder of Mr. Rose's sentence. By this order, I hereby commute the sentence imposed upon Joel Rose to a term of community placement not to exceed the term imposed by the sentencing court, with the following conditions:
1. Mr. Rose shall be released form the Washington State Reformatory and placed in a hospice or functionally equivalent institution with specific procedures for his release, transfer, and placement, to be determined by the Department of Corrections in consultation with the Department of Social and Health Service;
2. Upon his placement, Mr. Rose shall have his access limited only to the confines of that placement institution, unless specific authorization otherwise is secured from a community corrections officer;
3. In the event that Mr. Rose's condition improves to the point that, in the opinion of the Department of Corrections, he presents a viable threat to the community, the Department of Corrections shall return Mr. Rose to the Washington State Reformatory, or such other institution as the Secretary deems appropriate, until such time as that threat is alleviated and/or his full sentence is completed without benefit of sentence reduction credits; and
4. In the event that Mr. Rose violates the conditions of this order or conditions imposed by the Department of Correction, the Department of Corrections shall return Mr. Rose to the Washington State Reformatory, or such other institution as the Secretary deems appropriate. Should this occur, this Conditional Clemency shall be revoked and the sentence imposed by the Court reinstated without benefit of sentence reduction credits.
The Department of Corrections, in consultation with the Department of Social and Health Services, shall set such conditions as deemed necessary to meet the general conditions enumerated above.
NOW, THEREFORE, I, Mike Lowry, Governor of the State of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Joel Stephen Rose, Department of Correction #965354, and commute his sentence subject and pursuant to the conditions set forth herein.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia this 19th day of March, A.D., nineteen hundred and ninety-three.
(Seal)
Mike Lowry
Governor of Washington
BY THE GOVERNOR.
Ralph Munro
Secretary of State
MESSAGES FROM THE SENATE
April 23, 1993
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate refused to grant the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 1021, insists on its position and again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved the House insist on its position regarding Substitute House Bill No. 1021 and again ask the Senate for a conference thereon. The motion was carried.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to SUBSTITUTE HOUSE BILL NO. 1673, and once again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
With the consent of the House, further consideration of Substitute House Bill No. 1673 was deferred.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1910, and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Creating an inventory system for state-owned or leased facilities.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1910, State facilities inventory, have had the same under consideration and we recommend that:
The Senate committee on Government Operations amendments adopted April 6, 1993, not be adopted, and that the following Conference Committee amendments (1910-S AMC CONF S-3425.1) be adopted;
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 and record all state-owned facilities to determine which of these facilities may be considered historically significant and to require the office to provide copies of the inventory to departments, agencies, and institutions that have jurisdiction over the buildings and sites listed.
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 information to agency staff involved with the identification of historic properties, including the criteria for facilities to be placed on the National Register of Historic Places.
NEW SECTION. Sec. 5. 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 a new section."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Haugen, Winsley, Loveland; Representatives Wang, Ogden, Silver.
MOTION
Representative Wang moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 1910 and pass the bill as recommended by the Conference Committee.
Representatives Wang and Silver spoke in favor of the motion and the motion was carried.
On motion of Representative J. Kohl, Representative Anderson was excused.
On motion of Representative Wood, Representatives Thomas and Dyer were excused.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1910 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1910, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Absent: Representative Basich - 1.
Excused: Representatives Dyer and Thomas - 2.
Substitute House Bill No. 1910, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5704, penalizing unlawful factoring of credit card transactions, have had the same under consideration and we recommend that the House Judiciary Committee amendment not be adopted and the bill be amended as follows:
On page 2, line 15, after "person" strike all material through "RCW" on line 17, and insert ", with intent to commit fraud or theft against a cardholder, credit card issuer, or financial institution, causes any such party or parties to suffer actual monetary damages that in the aggregate exceed one thousand dollars"
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators A. Smith, McCaslin, Quigley; Representatives Appelwick, Ludwig, Padden.
MOTION
Representative Ludwig moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 5704 and pass the bill as recommended by the Conference Committee.
Representatives Ludwig and Padden spoke in favor of the motion and the motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5704 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5704, as recommended by the Conference Committee,, 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Dyer and Thomas - 2.
Substitute Senate Bill No. 5704, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SENATE BILL NO. 5745, creating the PNWER-Net working group, have had the same under consideration and we recommend that the House Appropriations Committee Amendment not be adopted and that Engrossed Senate Bill No. 5745 as passed the Senate be amended as follows:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. In chapter 251, Laws of 1991, the legislature enacted into law the Pacific Northwest economic region agreement and made the state of Washington a party along with member states Alaska, Idaho, Montana, and Oregon, and member Canadian provinces Alberta and British Columbia. The legislature recognized that the member states and provinces of the Pacific Northwest economic region are in a strategic position to act together, as a region, thus increasing the overall competitiveness of the members and providing substantial economic benefits for all of their citizens.
For those reasons, in chapter 251, Laws of 1991, the legislature also encouraged the establishment of cooperative activities between the seven legislative bodies of the Pacific Northwest economic region. The member states and provinces now desire to engage in such cooperation by electronically sharing twenty-two million volumes from certain of their respective universities. The member states and provinces have determined that such interlibrary sharing will provide substantial economic benefit for their citizens. The legislature agrees, specifically also finding that such interlibrary sharing furthers a major component of education strategy in the 1990's and twenty-first century, namely providing increased access to knowledge via technology.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, as used in sections 1 through 5 of this act "PNWER-Net" means the technology network to be created by the member states and provinces of the Pacific Northwest economic region that will be capable of electronically linking the following undergraduate university libraries of the member states and provinces:
(1) Alaska:
(a) University of Alaska, Anchorage;
(b) University of Alaska, Juneau;
(2) Alberta:
(a) University of Alberta, Calgary;
(b) University of Alberta, Edmonton;
(3) British Columbia:
(a) University of British Columbia, Vancouver;
(b) University of Victoria, Victoria;
(4) Idaho:
(a) Boise State University, Boise;
(b) University of Idaho, Moscow;
(5) Montana:
(a) Montana State University, Bozeman;
b) University of Montana, Missoula;
(6) Oregon:
(a) Oregon State University, Corvallis;
(b) University of Oregon, Eugene;
(7) Washington:
(a) University of Washington, Seattle; and
(b) Washington State University, Pullman.
NEW SECTION. Sec. 3. (1) The PNWER-Net working subgroup is hereby created for the member state of Washington. The working subgroup shall be composed of seven members as follows: Two members of the senate, one from each of the major caucuses, appointed by the president of the senate; two members of the house of representatives, appointed by the speaker of the house of representatives; the state librarian; and the primary undergraduate academic librarian from each of the state's two research institutions of higher education.
(2) The staff support shall be provided by the senate committee services and, to the extent authorized by the chief clerk of the house of representatives, by the house of representatives office of program research as mutually agreed by the legislators on the working group.
(3) Legislative members shall be reimbursed for expenses in accordance with RCW 44.04.120. Non-legislative members shall be reimbursed for expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 4. The PNWER-Net working subgroup shall have the following duties:
(1) To work with working subgroups from other member states and provinces in an entity known as the PNWER-Net working group to develop PNWER-Net;
(2) To assist the PNWER-Net working group in developing criteria to ensure that designated member libraries use existing telecommunications infrastructure including the internet; and
(3) To report to the legislature by December 1, 1994, concerning the status of PNWER-Net.
NEW SECTION. Sec. 5. The PNWER-Net working group may accept gifts, grants, and donations from private individuals and entities made for the purposes of sections 1 through 4 of this act.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 43.147 RCW."
and that the bill do pass as recommended by the conference committee.
Signed by Senators Bauer, Bluechel, Sheldon; Representatives Sommers, Finkbeiner.
MOTION
Representative Finkbeiner moved that the House adopt the Report of the Conference Committee on Engrossed Senate Bill No. 5745 and pass the bill as recommended by the Conference Committee.
Representative Finkbeiner spoke in favor of the motion and the motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5745 as recommended by the Conference Committee.
Representative Sommers yielded to a question by Representative Casada.
Representative Casada: Thank you, Representative Sommers, in section three of the Conference Report the working sub-group is created. Is it your understanding that in addition to each Caucus in the Senate being represented that each Caucus in the House will also be represented?
Representative Sommers: Yes, Representative Casada, it is my understanding, that the Speaker of the House is to appoint one member from each Caucus of the House to the working sub-group created by this act.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5745, as recommended by the Conference Committee, 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Dyer and Thomas - 2.
Engrossed Senate Bill No. 5745, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
ESSB 5948 Date: April 22, 1993
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5948, modifying process and procedures for disciplining of health care professionals, have had the same under consideration and we recommend that the House Health Care Committee amendment as amended (5948-S.E AME HC AMH-23 April, 17, 1993) be adopted with the following change:
On page 2, line 26, of the amendment strike all of subsection (3) and insert
"(3) Only upon the authorization of a disciplinary authority identified in RCW 18.130.040(2)(b), the secretary, or his or her designee, may serve as the presiding officer for any disciplinary proceedings of the disciplinary authority authorized under this chapter. The presiding officer shall not vote on any final decision. All functions performed by the presiding officer shall be subject to chapter 34.05 RCW. The secretary, in consultation with the disciplinary authorities, shall adopt procedures for implementing this subsection. This subsection shall not apply to the board of funeral directors and embalmers."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Talmadge, Deccio, Niemi; Representatives L. Johnson, Campbell, Dyer.
MOTION
Representative Dellwo moved that the House adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5948 and pass the bill as recommended by the Conference Committee.
Representative Dellwo spoke in favor of the motion and it was carried.
On motion of Representative Sheldon, Representatives R. Fisher and Zellinsky were excused.
On motion of Representative Wood, Representative Schmidt was excused.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5948 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5948, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
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, Edmondson, Eide, Finkbeiner, Fisher, G., 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 93.
Excused: Representatives Dyer, Fisher, R., Schmidt, Thomas and Zellinsky - 5.
Engrossed Substitute Senate Bill No. 5948, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to SUBSTITUTE HOUSE BILL NO. 1673, and once again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Wineberry moved that the House recede from its position and concur in the Senate amendments to Substitute House Bill No. 1673 and pass the bill as amended by the Senate. 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 Substitute House Bill No. 1673 as amended by the Senate.
Representatives Roland and Forner spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1673, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
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, Edmondson, Eide, Finkbeiner, Fisher, G., 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 93.
Excused: Representatives Dyer, Fisher, R., Schmidt, Thomas and Zellinsky - 5.
Substitute House Bill No. 1673, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 5638 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Holm moved that the House recede from its position and pass Senate Bill No. 5638 without the House amendments. The motion was carried.
With the consent of the House, further consideration of Senate Bill No. 5638 was deferred.
On motion of Representative Sheldon, the House recessed until 1:00 p.m.
AFTERNOON SESSION
The Speaker (Representative Miller presiding) called the House to order at 1:00 p.m.
The Clerk called the roll and a quorum was present.
The Speaker (Representative R. Meyers presiding) assumed the chair.
RESOLUTIONS
HOUSE RESOLUTION NO. 93-4653, by Representatives Morton and Fuhrman
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Davenport High School Girls' Basketball Team has exhibited the highest level of excellence in winning the 1993 Washington State "B" Basketball Championship; and
WHEREAS, The Davenport High School Girls' Basketball Team also won the 1992 Washington State "B" Basketball Championship, was the only 1993 team among all boys and girls divisions to successfully defend its previous year's championship, and was the first class "B" girls' basketball team in the history of Washington State to win two championships back to back; and
WHEREAS, The Davenport High School Girls' Basketball Team had a perfect 1993 season record of 30 wins and 0 losses, only the third class "B" basketball team in Washington State history to record a perfect winning season; and
WHEREAS, The Davenport High School Girls' Basketball Team currently has a 34-game winning streak, the longest winning streak currently in all divisions in the state, and has a phenomenal two-year winning record of 59 wins and only 1 loss for the 1992 and 1993 combined seasons; and
WHEREAS, The Davenport High School Girls' Basketball Team led the state in scoring with an average of 71.7 points per game over their 1993 thirty-game schedule; and
WHEREAS, Jennifer Stinson was the team's season leading scorer, tied the team record for most field goals scored in a game, and was an all-tourney team selection, and Stacia Marriott broke the tournament assist record and was also an all-tourney team selection; and
WHEREAS, The Davenport High School Girls' Basketball Team was the 1993 Washington State "B" Girls' Academic Champion with an astonishing team grade point average of 3.68, showing the dedication and commitment of team members, coaches, teachers, staff, and administrators to academic excellence; and
WHEREAS, These extraordinary 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 Davenport High School Girls' Basketball Team coaches Jim Stinson and Chuck Jungblom, and all the players including Cara Anderson, Lana Becker, Lacy Carson, Joy Emery, Pam Gigliotti, Alyson Iverson, Andee Marriott, Stacia Marriott, Kaarin Reinbold, Jennifer Stinson, Holli Stoner, and Sara Warwick share in the Davenport High School Girls' Basketball Team's success by combining outstanding coaching with outstanding playing; and
WHEREAS, The incredible individual and team achievements of the 1993 Davenport High School Girls' Basketball Team will always be remembered when commemorating their winning year, and the Davenport High School Girls' Basketball Team is 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 Davenport High School Girls' Basketball Team; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Coaches Stinson and Jungblom, and to Principal Harold Patterson.
Representative Morton moved adoption of the resolution.
Representatives Morton and Fuhrman spoke in favor of adoption of the resolution.
House Resolution No. 4653 was adopted.
HOUSE RESOLUTION NO. 93-4663, by Representatives Cothern, L. Johnson, J. Kohl, Miller and Anderson
WHEREAS, A diverse community enriches us all; and
WHEREAS, Discrimination in any form is deplorable and should be eliminated; and
WHEREAS, An appreciation of cultural and ethnic tolerance should be instilled at an early age; and
WHEREAS, A group of dedicated students at Bothell High School have banded together as Bothell Against Discrimination to serve as a watchdog group against discrimination in their school and their community; and
WHEREAS, These students have not only worked in their own school to increase student awareness of the need to be sensitive to diversity but also shared their knowledge and leadership with students in other schools; and
WHEREAS, These students have sponsored The Forum in September 1992, assisted in developing and presenting a Martin Luther King, Jr. Assembly, conducted the assemblies at the Senior Citizen's Center and elementary schools, and assisted Meadowdale High School in setting up their own program to deal with racial disharmony; and
WHEREAS, This group has been recognized by the Washington Education Association for its humanitarian efforts;
NOW, THEREFORE, BE IT RESOLVED, By the Washington State House of Representatives, that this body express its gratitude and appreciation to Bothell Against Discrimination for their efforts to make Washington state a better place for all residents and for demonstrating that students with vision and cooperation can truly accomplish great tasks; and
BE IT FURTHER RESOLVED, That copies of the resolution be immediately transmitted by the Chief Clerk of the House of Representatives to founders of Bothell Against Discrimination Yvette Reed, Arlene Rhyne, Molly McCardle, Anne Hawkins, Khoa Huynh, and Paul Delaney; advisor Dick Lewis; and the principal of Bothell High School.
Representative Cothern moved adoption of the resolution.
Representatives Cothern, Miller, L. Johnson and J. Kohl spoke in favor of adoption of the resolution.
House Resolution No. 4663 was adopted.
MESSAGES FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate receded from its amendments to HOUSE JOINT RESOLUTION NO. 4200 and passed the bill without said amendments, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 24, 1993
Mr. Speaker:
The President has appointed Senator Skratek to take Senator Spanel's place on the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 24, 1993
Mr. Speaker:
The Senate has granted the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372. The President has appointed the following members as Conferees: Senators Skratek, Bluechel and Quigley, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 24, 1993
Mr. Speaker:
The President has signed:
ENGROSSED SENATE BILL NO. 5076,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304,
and the same are herewith transmitted.
Marty Brown, Secretary
The Speaker (Representative R. Meyers 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:
SUBSTITUTE HOUSE BILL NO. 1006,
ENGROSSED HOUSE BILL NO. 1007,
SUBSTITUTE HOUSE BILL NO. 1013,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1100,
SUBSTITUTE HOUSE BILL NO. 1118,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127,
SUBSTITUTE HOUSE BILL NO. 1129,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1140,
SUBSTITUTE HOUSE BILL NO. 1169,
SUBSTITUTE HOUSE BILL NO. 1195,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1198,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1226,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1233,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1318,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1496,
ENGROSSED HOUSE BILL NO. 1501,
SUBSTITUTE HOUSE BILL NO. 1507,
SUBSTITUTE HOUSE BILL NO. 1520,
SUBSTITUTE HOUSE BILL NO. 1566,
ENGROSSED HOUSE BILL NO. 1617,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662,
SUBSTITUTE HOUSE BILL NO. 1727,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1784,
SUBSTITUTE HOUSE BILL NO. 1802,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1806,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818,
ENGROSSED HOUSE BILL NO. 1845,
SUBSTITUTE HOUSE BILL NO. 1907,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,
SUBSTITUTE HOUSE BILL NO. 1948,
SUBSTITUTE HOUSE BILL NO. 2023,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2054,
HOUSE JOINT MEMORIAL NO. 4021,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4403,
ENGROSSED SENATE BILL NO. 5076,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304,
SUBSTITUTE SENATE BILL NO. 5686,
SUBSTITUTE SENATE BILL NO. 5688,
SUBSTITUTE SENATE BILL NO. 5736,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House advanced to the eighth order of business.
MOTION
On motion of Representative Sommers, the Rules Committee was relieved of House Bill No. 2135 and the bill was placed on the second reading calendar.
On motion of Representative Sommers, the Committee on Appropriations was relieved of Second Substitute Senate Bill No. 5239 and the bill was placed on the second reading calendar.
RESOLUTION
HOUSE RESOLUTION NO. 93-4664, by Representatives Wineberry, Locke, Kremen, J. Kohl, Veloria, Leonard, Long, Shin, Conway, Heavey, Roland, Casada, Hansen, Miller, Schoesler, Stevens, Thomas, Dyer, Brough, Horn, Forner, Rayburn, L. Johnson, Cothern, Cooke, Springer, Valle, Rust, Morris, Karahalios, Linville, Grant, Appelwick, Wolfe, Anderson, Sheldon, Vance, R. Meyers, Zellinsky, King, Jones, Holm, Sommers, Brown, R. Fisher, Ogden, Ballard, Wood, Silver, Tate, Brumsickle, Mielke, Sheahan, Schmidt, Morton, Padden, Ballasiotes, Lisk, Van Luven, Campbell, Wang, Foreman, Eide, Johanson, Thibaudeau, Jacobsen and Romero
WHEREAS, Violence involving handguns is a growing problem in Washington state and throughout the nation; and
WHEREAS, Young people have increasingly become both the victims and the perpetrators of violent acts involving handguns in our schools and in our communities; and
WHEREAS, The idolization of guns by some young people has led to senseless acts of violence including playground murders and drive-by shootings; and
WHEREAS, Nine year old Loetta Coston, a third-grade student at Bryant Elementary School in Seattle, was robbed of a promising life by one such senseless act on the night of April 17, 1993; and
WHEREAS, Loetta, known as a quiet girl who enjoyed playing computer games and basketball, was killed by a bullet while riding home in her mother's car; and
WHEREAS, The young man charged with killing Loetta told police that he believed those in the Coston's car were rival gang members; and
WHEREAS, Loetta's mother, Cynthia Coston, is known in her community as a loving and protective parent, concerned for her children's safety; and
WHEREAS, Loetta's death will be mourned by all who knew her and thousands who did not as an innocent victim of a gangland mentality that has no place in a civilized society; and
WHEREAS, This tragedy is a wake-up call to those who believe that guns and violence are a way to settle our differences;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives offer its deepest sympathies to the Coston family and all who knew and loved her; and
BE IT FURTHER RESOLVED, That Loetta's tragic death sound a call to people young and old to increase the peace in our communities, heal the wounds, and work together to prevent further violence; and
BE IT FURTHER RESOLVED, That a copy of this resolution be sent by the Chief Clerk of the House of Representatives to Cynthia Coston expressing this body's sorrow at the loss of young Loetta Coston.
Representative Wineberry moved adoption of the resolution.
Representatives Wineberry, J. Kohl, Veloria, Sheldon, Leonard, Conway and Flemming spoke in favor of adoption of the resolution.
Representative Wineberry again spoke in favor of the resolution.
House Resolution No. 4664 was adopted.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1069 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Providing for seizure of property involved in a felony.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1069, Seizure of property, have had the same under consideration and we recommend that:
The Senate Committee on Law and Justice amendments adopted as amended on April 12, 1993, not be adopted; and
The Conference Committee striking amendments (1069-S AMC CONF H2669.1) be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505, 9.41.098, 9.46.230, 9A.82.100, 9A.83.030, 7.48.090, or 77.12.101.
NEW SECTION. Sec. 2. (1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has been a superior court conviction of the owner of the property for the felony in connection with which the property was employed, furnished, or acquired.
A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the felony.
(2) Personal property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding;
(c) A law enforcement officer has probable cause to believe that the property is directly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in the commission of a felony.
(3) In the event of seizure pursuant to this section, 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 property 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 property. 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. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) of this section within forty-five days of the seizure, the item seized shall be deemed forfeited.
(5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized property within forty-five days of the seizure, the law enforcement agency shall give the person or persons 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. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the property 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 property involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's 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 property. The seizing law enforcement agency shall promptly return the property 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 of the property.
(6) When property is forfeited under this chapter, after satisfying any court-ordered victim restitution, the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the criminal law;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public.
(7) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(a) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(c) Retained property and net proceeds not required to be paid to the state treasurer, or otherwise required to be spent under this section, 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.
NEW SECTION. Sec. 3. The legislature finds compelling state interests in compensating the victims of crime and in preventing criminals from profiting from their crimes. Sections 4 through 7 of this act are intended to advance both of these interests.
NEW SECTION. Sec. 4. The following are subject to seizure and forfeiture and no property right exists in them:
(1) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of a crime for which there is a victim of the crime and to the extent the acquisition is the direct or indirect result of the convicted person having committed the crime. Such property includes but is not limited to the convicted person's remuneration for, or contract interest in, any reenactment or depiction or account of the crime in a movie, book, magazine, newspaper or other publication, audio recording, radio or television presentation, live entertainment of any kind, or any expression of the convicted person's thoughts, feelings, opinions, or emotions regarding the crime.
(2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.
NEW SECTION. Sec. 5. (1) Any property subject to seizure and forfeiture under section 4 of this act may be seized by the prosecuting attorney of the county in which the convicted person was convicted upon process issued by any superior court having jurisdiction over the property.
(2) Proceedings for forfeiture are commenced by a seizure. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, except that such real property seized may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest.
(3) The prosecuting attorney who seized the property shall cause notice to be served within fifteen days following the seizure on the owner of the property 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 property. Service of notice of seizure of real property shall be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. The notice of seizure in other cases 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. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the property seized shall be deemed forfeited.
(5) If any person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The prosecuting attorney shall file the case into a court of competent jurisdiction. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence shall be by a preponderance and upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence shall be by a preponderance and upon the prosecuting attorney. The seizing prosecuting attorney shall promptly return the property to the claimant upon a determination by the prosecuting attorney or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(6) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the county auditor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules.
(7) A forfeiture action under this section may be brought at any time from the date of conviction until the expiration of the statutory maximum period of incarceration that could have been imposed for the crime involved.
(8) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party did not know that the property was subject to seizure and forfeiture.
NEW SECTION. Sec. 6. (1) The proceeds of any forfeiture action brought under section 5 of this act shall be distributed as follows:
(a) First, to the victim or to the plaintiff in a wrongful death action brought as a result of the victim's death, to satisfy any money judgment against the convicted person, or to satisfy any restitution ordered as part of the convicted person's sentence;
(b) Second, to the reasonable legal expenses of bringing the action;
(c) Third, to the crime victims' compensation fund under RCW 7.68.090.
(2) A court may establish such escrow accounts or other arrangements as it deems necessary and appropriate in order to distribute proceeds in accordance with this section.
NEW SECTION. Sec. 7. (1) Any action taken by or on behalf of a convicted person including but not limited to executing a power of attorney or creating a corporation for the purpose of defeating the provisions of sections 3 through 6 of this act is null and void as against the public policy of this state.
(2) Sections 3 through 6 of this act are supplemental and do not limit rights or remedies otherwise available to the victims of crimes and do not limit actions otherwise available against persons convicted of crimes.
NEW SECTION. Sec. 8. (1) Sections 1 and 2 of this act shall constitute a new chapter in Title 10 RCW.
(2) Sections 3 through 7 of this act are each added to chapter 7.68 RCW."
On page 1, line 1 of the title, after "victims;" strike the remainder of the title and insert "adding new sections to chapter 7.68 RCW; and adding a new chapter to Title 10 RCW."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators A. Smith, Nelson, Quigley; Representatives Appelwick, Padden, Ludwig.
MOTION
Representative Ludwig moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 1069 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1069 as recommended by the Conference Committee.
Representative Ludwig and Padden spoke in favor of passage of the bill.
On motion of Representative Wood, Representative Schmidt was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1069, as recommended by the Conference Committee, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Schmidt and Thomas - 2.
Substitute House Bill No. 1069, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236. On reconsideration, the Senate passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Establishing fees for certain water rights.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236, Water rights fees, have had the same under consideration and we recommend that:
The Senate Committee on Ways & Means amendment(s) (1236-S.E AAS 4/14/93) adopted as amended on April 14, 1993, be adopted with the (attached) (1236-S.E AMC CONF S3464.1) amendment(s) to page 3, line 31, page 5, after line 21, and page 9, line 15
On page 3, line 31 of the amendment (1236-S.E AAS 4/14/93), strike "fifty" and insert "one hundred"
On page 5, after line 21 of the amendment (1236-S.E AAS 4/14/93), strike everything through "affected." on page 9, line 10 of the amendment and insert the following:
"NEW SECTION. Sec. 4. The legislature finds that installation of trickle irrigation systems in climatically and economically suitable areas may result in significant water savings. The legislature further finds that encouraging the voluntary transfer of the water savings will provide an incentive for the installation of trickle irrigation systems.
Therefore, the legislature directs the committee on natural resources and parks in the house of representatives and the committee on energy and utilities in the senate to jointly: (1) Study the physical, legal, and economic feasibility of transferring water saved from installation of trickle irrigation systems; (2) explore the relationship between a possible water transfer program connected to water savings from trickle irrigation systems and the state's existing trust water rights program; and (3) make recommendations for legislation to implement a transfer program for savings from trickle irrigation systems, if the committees determine that such a program is in the public interest. The committees shall coordinate the study with the agriculture committees in the senate and the house of representatives. The committees shall report their findings and recommendations to the legislature by December 1, 1993."
On page 9, line 15 of the title amendment (1236-S.E AAS 4/14/93), after "90.03.470;" strike the remainder of the title amendment and insert "and creating new sections."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Fraser, Sutherland; Representatives Pruitt, Rust.
MOTION
On motion of Representative J. Kohl, Representative Scott was excused.
MOTION
Representative Pruitt moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1236 and pass the bill as recommended by the Conference Committee.
Representative Pruitt spoke in favor of the motion and it was carried.
With the consent of the House, further consideration of Engrossed Substitute House Bill No. 1236 was deferred.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Modifying emergency medical technician recertification.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541, EMT training, have had the same under consideration and we recommend that:
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."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 18.73.081"
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Talmadge, Erwin, Wojahn; Representatives Dellwo, Dyer, Orr.
MOTION
Representative L. Johnson moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1541 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF HOUSE
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1541 as recommended by the Conference Committee.
Representatives Orr and Ballasiotes spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1541 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed Substitute House Bill No. 1541, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993]
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED HOUSE BILL NO. 1748, and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Changing financial aid provisions.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 1748, Higher ed financial aid, have had the same under consideration and we recommend that:
The Senate Committee on Higher Education amendments adopted April 13, 1993, not be adopted, and that the (attached) Conference Committee striking amendments (1748.E AMC CONF H-2649.2) be adopted
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, except technical colleges, shall deposit two and one-half percent of revenues collected from tuition and services and activities fees in an institutional ((long-term loan)) financial aid fund ((which)) that is hereby created and which shall be held locally. Moneys in ((such)) the fund shall be used only for the following purposes: (a) To make guaranteed long-term loans to eligible students ((except as provided for)) as provided in subsections (3) through (8) of this section; (b) to make short-term loans as provided in subsection (9) of this section; or (c) to provide financial aid to needy students as provided in subsection (10) of this section.
(2) An "eligible student" for the purposes of subsections (3) through (8) and (10) 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)) 28B.15.013, and who is a "needy student" as defined in RCW 28B.10.802.
(3) The amount of the guaranteed long-term 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.
(4) Before approving a guaranteed long-term 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 guaranteed long-term 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 guaranteed long-term 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 guaranteed long-term 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)) the state board.
(6) Receipts from payment of interest or principal or any other subsidies to which institutions as lenders are entitled, ((which)) that are paid by or on behalf of borrowers of funds under subsections (((1))) (3) through (8) of this section, shall be deposited in each institution's ((general local)) financial aid fund and shall be used to cover the costs of making the guaranteed long-term 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)) principal. 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)) deposited in the institution's financial aid fund.
(7) The governing 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)) First priority for any guaranteed long-term loans made 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)) financial aid 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)) financial aid fund ((which)) that are not used in making ((long)) long-term 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)) scholarship or grant programs. These funds shall be used in addition to and not to replace institutional funds ((which)) that 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.
Sec. 2. RCW 28B.101.040 and 1990 c 288 s 6 are each amended to read as follows:
Grants may be used by eligible participants to attend any public or private college or university in the state of Washington that is accredited by an accrediting association recognized by rule of the higher education coordinating board and that has an existing unused capacity. Grants shall not be used to attend any branch campus or educational program established under chapter 28B.45 RCW. The participant shall not be eligible for a grant if it will be used for any programs that include religious worship, exercise, or instruction or to pursue a degree in theology. Each participating student may receive up to two thousand five hundred dollars per academic year, not to exceed the student's demonstrated financial need for the course of study.
Sec. 3. RCW 28B.12.040 and 1985 c 370 s 58 are each amended to read as follows:
The higher education coordinating board shall develop and administer the college work-study program and shall be authorized to enter into agreements with employers and eligible institutions for the operation of the program. These agreements shall include such provisions as the higher education coordinating board may deem necessary or appropriate to carry out the purposes of this chapter.
With the exception of off-campus community service placements, the share from ((funds)) moneys disbursed under the college work-study program of the compensation of students employed under such program in accordance with such agreements shall not exceed eighty percent of the total such compensation paid such students.
By rule, the board shall define community service placements and may determine any salary matching requirements for any community service employers."
On page 1, line 1 of the title, after "aid;" strike the remainder of the title and insert "and amending RCW 28B.15.820, 28B.101.040, and 28B.12.040."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Bauer, Prince, Drew; Representatives Jacobsen, Shin, Brumsickle.
MOTION
Representative Jacobsen moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 1748 and pass the bill as recommended by the Conference Committee.
Representatives Jacobsen, Brumsickle and Shin spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1748 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1748 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed House Bill No. 1748, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1931 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Regulating steamboat operators
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1931, Steamboat operators, have had the same under consideration and we recommend that:
The Senate Transportation Committee amendments adopted as amended on April 14, 1993, be not adopted; and The Conference Committee striking amendments (1931-S AMC CONF S3452.1) be adopted,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.60.120 and 1984 c 7 s 307 are each amended to read as follows:
(1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over Puget Sound or any of its tributary or connecting waters, there shall not be constructed, operated, or maintained any other ferry crossing upon or bridge over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued franchise at the time of the location of the ferry crossing or construction of the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten statute miles measured by airline distance. The ten-mile restriction shall be applied by comparing the two end points (termini) of a state ferry crossing to those of a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon written petition of a commercial ferry operator certificated or applying for certification under chapter 81.84 RCW, and upon notice and hearing, grant a waiver from the ten-mile restriction. The waiver must not be detrimental to the public interest. In making a decision to waive the ten-mile restriction, the commission shall consider, but is not limited to, the impact of the waiver on transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act upon a request for a waiver within ninety days after the conclusion of the hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless appealed within thirty days by the commission on its own motion, the department, or an interested party.
(4) The department shall not maintain and operate any ferry crossing or toll bridge over Puget Sound or any of its tributary or connecting waters that would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or toll bridge by the department, without first acquiring the rights granted to such franchise holder under the franchise.
((While any revenue bonds issued by the department under the provisions of this chapter are outstanding no additional bonds may be issued for the purposes of acquiring, constructing, operating, or maintaining any ferries or toll bridges within the aforesaid ten mile distance by the department unless the revenues of any such additional ferries or toll bridges are pledged to the bonds then outstanding to the extent provided by the resolution authorizing the issue of the outstanding bonds. The provisions of this section are binding upon the state, and all of its departments, agencies, and instrumentalities, as well as any and all private, political, municipal, and public corporations and subdivisions, including cities, towns, counties, and other political subdivisions, and the prohibitions of this section shall restrict and limit the powers of the legislature of the state in respect to the matters herein mentioned so long as any of such bonds are outstanding and unpaid and shall be deemed to constitute a contract to that effect for the benefit of the holders of all such bonds.))
Sec. 2. RCW 81.84.010 and 1961 c 14 s 81.84.010 are each amended to read as follows:
(1) No ((steamboat company shall)) commercial ferry may hereafter operate any vessel or ferry for the public use for hire between fixed termini or over a regular route upon the waters within this state, including the rivers and lakes and Puget Sound, without first applying for and obtaining from the commission a certificate declaring that public convenience and necessity require such operation. Service authorized by certificates issued before or after the effective date of this act to a commercial ferry operator shall be exercised by the operator in a manner consistent with the conditions established in the certificate or tariffs: PROVIDED, That no certificate shall be required for a vessel primarily engaged in transporting freight other than vehicles, whose gross earnings from the transportation of passengers and/or vehicles, are not more than ten percent of the total gross annual earnings of such vessel: PROVIDED, That nothing herein shall be construed to affect the right of any county public transportation benefit area or other public agency within this state to construct, condemn, purchase, operate, or maintain, itself or by contract, agreement, or lease, with any person, firm, or corporation, ferries or boats across or wharfs at or upon the waters within this state, including rivers and lakes and Puget Sound, provided such operation is not over the same route or between the same districts, being served by a certificate ((carrier)) holder without first acquiring the rights granted to the certificate holder under the certificate, nor shall this chapter be construed to affect, amend, or invalidate any contract entered into prior to January 15, 1927, for the operation of ferries or boats upon the waters within this state, which was entered into in good faith by any county with any person, firm, or corporation, except that in case of the operation or maintenance by any county, city, town, port district, or other political subdivision by contract, agreement, or lease with any person, firm, or corporation, of ferries or boats across or wharfs at or upon the waters within this state, including rivers and lakes and Puget Sound, the commission shall have power and authority to regulate rates and services of such operation or maintenance of ferries, boats, or wharfs, to make, fix, alter, or amend said rates, and to regulate service and safety of operations thereof, in the manner and to the same extent as it is empowered to regulate a ((steamboat company)) commercial ferry, notwithstanding the provisions of any act or parts of acts inconsistent herewith.
(2) The holder of a certificate of public convenience and necessity granted under this chapter must initiate service within five years of obtaining the certificate. The certificate holder shall report to the commission every six months after the certificate is granted on the progress of the certificated route. The reports shall include, but not be limited to, the progress of environmental impact, parking, local government land use, docking, and financing considerations. However, if service has not been initiated within five years of obtaining the certificate, the commission may extend the certificate on a twelve-month basis for up to three years if the six-month progress reports indicate there is significant advancement toward initiating service.
(3) The commission shall review certificates in existence as of the effective date of this act, where service is not being provided on all or any portion of the route or routes certificated. Based on progress reports required under subsection (2) of this section, the commission may grant an extension beyond that provided in subsection (2) of this section. Such additional extension may not exceed a total of two years.
Sec. 3. RCW 81.84.020 and 1961 c 14 s 81.84.020 are each amended to read as follows:
(1) Upon the filing of an application the commission shall give reasonable notice to the department, affected cities and counties, and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission shall have power after hearing, to issue the certificate as prayed for, or to refuse to issue it, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require; but the commission shall not have power to grant a certificate to operate between districts and/or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless such existing certificate holder ((shall fail and refuse)) has failed or refused to furnish reasonable and adequate service or has failed to provide the service described in its certificate or tariffs after the time period allowed to initiate service has elapsed: PROVIDED, A certificate shall be granted when it shall appear to the satisfaction of the commission that ((such steamboat company)) the commercial ferry was actually operating in good faith over the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or more ((steamboat companies)) commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the commission shall consider all material facts and circumstances including the prior operation, schedules, and services rendered by either of ((said companies)) the ferries, and in case more than one certificate shall issue, the commission shall fix and determine the schedules and services of the ((companies to whom such)) ferries to which the certificates are issued to the end that duplication of service be eliminated and public convenience be furthered.
(2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate shall be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section shall comply with the provisions of RCW 9A.72.085.
(3) Subsection (2) of this section does not apply to an application for a certificate that is pending as of the effective date of this act.
NEW SECTION. Sec. 4. A new section is added to chapter 81.84 RCW to read as follows:
The commission, in granting a certificate to operate as a commercial ferry, shall require the operator to first obtain liability and property damage insurance from a company licensed to write liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each vessel or ferry to be used, in the amount of not less than one hundred thousand dollars for any recovery for personal injury by one person, and not less than one million dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury and property damage by reason of one act of negligence, and not less than fifty thousand dollars for damage to property of any person other than the insured; or combined bodily injury and property damage liability insurance of not less than one million dollars, and to maintain such liability and property damage insurance or surety bond in force on each vessel or ferry while so used. Each policy for liability or property damage insurance or surety bond required by this section must be filed with the commission and kept in full force and effect, and failure to do so is cause for revocation of the operator's certificate.
Sec. 5. RCW 81.84.030 and 1961 c 14 s 81.84.030 are each amended to read as follows:
No certificate or any right or privilege thereunder held, owned, or obtained under the provisions of this chapter shall be sold, assigned, leased, mortgaged, or in any manner transferred, either by the act of the parties or by operation of law, except upon authorization by the commission first obtained. ((The commission may at any time by its order duly entered after hearing had upon notice to the holder of any certificate hereunder and an opportunity to such holder to be heard, suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter, if the holder thereof wilfully violates or fails to observe the provisions or conditions of the certificate, or the orders, rules or regulations of the commission, or the provisions of this title.))
Sec. 6. RCW 81.84.050 and 1961 c 14 s 81.84.050 are each amended to read as follows:
Every ((steamboat company)) commercial ferry and every officer, agent, or employee of any ((steamboat company)) commercial ferry who violates or who procures, aids, or abets in the violation of any provision of this title, or any order, rule, regulation, or decision of the commission shall incur a penalty of one hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.
The penalty herein provided for shall become due and payable when the person incurring the same receives a notice in writing from the commission describing such violation with reasonable particularity and advising such person that the penalty is due.
The commission may, upon written application therefor, received within fifteen days, remit or mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as it in its discretion shall deem proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the same or, if application for remission or mitigation has not been made, within fifteen days after the violator has received notice of the disposition of such application, the attorney general shall bring an action to recover the penalty in the name of the state of Washington in the superior court of Thurston county or of some other county in which such violator may do business. In all such actions the procedure and rules of evidence shall be the same as in ordinary civil actions except as otherwise herein provided. All penalties recovered by the state under this chapter shall be paid into the state treasury and credited to the public service revolving fund.
NEW SECTION. Sec. 7. A new section is added to chapter 81.84 RCW to read as follows:
The commission, upon complaint by an interested party, or upon its own motion after notice and opportunity for hearing, may cancel, revoke, suspend, alter, or amend a certificate issued under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the conclusion of the fifth year after the certificate has been granted or by the conclusion of an extension granted under RCW 81.84.010 (2) or (3), if the commission has considered the progress report information required under RCW 81.84.010 (2) or (3);
(2) Failure of the certificate holder to file an annual report;
(3) The filing by a certificate holder of an annual report that shows no revenue in the previous twelve-month period after service has been initiated;
(4) The violation of any provision of this chapter;
(5) The violation of or failure to observe the provisions or conditions of the certificate or tariffs;
(6) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
(7) Failure of a certificate holder to maintain the required insurance coverage in full force and effect; or
(8) Failure or refusal to furnish reasonable and adequate service after initiating service.
The commission shall take appropriate action within thirty days upon a complaint by an interested party or of its own finding that a provision of this section has been violated.
NEW SECTION. Sec. 8. A new section is added to chapter 81.84 RCW to read as follows:
The commission may, with or without a hearing, issue temporary certificates to operate under this chapter, but only after it finds that the issuance of the temporary certificate is necessary due to an immediate and urgent need and is otherwise consistent with the public interest. The certificate may be issued for a period of up to one hundred eighty days. The commission may prescribe such special rules and impose special terms and conditions on the granting of the certificate as in its judgment are reasonable and necessary in carrying out this chapter. The commission shall collect a filing fee, not to exceed two hundred dollars, for each application for a temporary certificate. The commission shall not issue a temporary certificate to operate on a route for which a certificate has been issued or for which an application by another commercial ferry operator is pending.
Sec. 9. RCW 81.04.010 and 1991 c 272 s 3 are each amended to read as follows:
As used in this title, unless specially defined otherwise or unless the context indicates otherwise:
"Commission" means the utilities and transportation commission.
"Commissioner" means one of the members of such commission.
"Corporation" includes a corporation, company, association, or joint stock association.
"Low-level radioactive waste site operating company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
"Low-level radioactive waste" means low-level waste as defined by RCW 43.145.010.
"Person" includes an individual, a firm, or copartnership.
"Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such street railroad, within this state.
"Street railroad company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating, or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.
"Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such railroad.
"Railroad company" includes every corporation, company, association, joint stock association, partnership, or person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.
"Express company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise, or property for hire on the line of any common carrier operated in this state.
"Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, ((steamboat companies)) commercial ferries, express companies, car companies, sleeping car companies, freight companies, freight line companies, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire within this state.
"Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha, or electric motors.
"((Steamboat company)) Commercial ferry" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating, or managing any vessel over and upon the waters of this state.
"Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage, and handling of the property transported, and the transmission of credit.
"Transportation of persons" includes any service in connection with the receiving, carriage, and delivery of the person transported and his baggage and all facilities used, or necessary to be used in connection with the safety, comfort, and convenience of the person transported.
"Public service company" includes every common carrier.
The term "service" is used in this title in its broadest and most inclusive sense.
Sec. 10. RCW 81.24.030 and 1981 c 13 s 5 are each amended to read as follows:
Every ((steamboat company)) commercial ferry shall, on or before the first day of April of each year, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee of two-fifths of one percent of the amount of gross operating revenue: PROVIDED, That the fee so paid shall in no case be less than five dollars. The percentage rate of gross operating revenue to be paid in any year may be decreased by the commission by general order entered before March 1st of such year." In line 1 of the title, after "operators;" strike the remainder of the title and insert "amending RCW 47.60.120, 81.84.010, 81.84.020, 81.84.030, 81.84.050, 81.04.010, and 81.24.030; adding new sections to chapter 81.84 RCW; and prescribing penalties."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Vognild, Drew; and Representatives R. Fisher, Schmidt, Zellinsky.
MOTION
Representative Brown moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 1931 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1931 as recommended by the Conference Committee.
Representative Mielke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1931, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Substitute House Bill No. 1931, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Requiring notice about fetal alcohol syndrome.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, Fetal alcohol syndrome, have had the same under consideration and we recommend that: The Senate amendments to page 1, lines 13, 14 and 16, and the title amendment adopted April 18, 1993, not be adopted; and
The Conference Committee striking amendments (2026-S.E AMC CONF S3440.4) be adopted,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The United States surgeon general warns that women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. The legislature finds that these defects include fetal alcohol syndrome, a birth defect that causes permanent antisocial behavior in the sufferer, disrupts the functions of his or her family, and, at an alarmingly increasing rate, extracts a safety and fiscal toll on society.
NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:
The board shall cause to be posted in conspicuous places, in a number determined by the board, within each state liquor store, notices in print not less than one inch high warning persons that consumption of alcohol shortly before conception or during pregnancy may cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.
NEW SECTION. Sec. 3. The legislature recognizes that the use of alcohol and other drugs during pregnancy can cause medical, psychological, and social problems for women and infants. The legislature further recognizes that communities are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The legislature recognizes that the department of health and other agencies are focusing on primary prevention activities to reduce the use of alcohol or drugs during pregnancy but few efforts have focused on secondary prevention efforts aimed at intervening in the lives of women already involved in the use of alcohol or other drugs during pregnancy. The legislature recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging women in alcohol or drug treatment. The legislature further recognizes that pretreatment services should be provided at locations where chemically dependent women are likely to be found, including public health clinics and domestic violence or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to women and their resulting infants by promoting the establishment of local programs to help facilitate a woman's entry into alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help are welcomed rather than ostracized.
NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(3) "Assessment" means an interview with an individual to determine if he or she is chemically dependent and in need of referral to an approved treatment program.
(4) "Chemically dependent individual" means someone suffering from alcoholism or drug addiction, or dependence on alcohol or one or more other psychoactive chemicals.
(5) "Department" means the department of social and health services.
(6) "Domestic violence" is a categorization of offenses, as defined in RCW 10.99.020, committed by one family or household member against another.
(7) "Domestic violence program" means a shelter or other program which provides services to victims of domestic violence.
(8) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruptions of social or economic functioning.
(9) "Family or household members" means a family or household member as defined in RCW 10.99.020.
(10) "Pretreatment" means the period of time prior to an individual's enrollment in alcohol or drug treatment.
(11) "Pretreatment services" means activities taking place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their use, evaluation of need for treatment, referral to an approved treatment program, and advocacy on a client's behalf with social service agencies or others to ensure and coordinate a client's entry into treatment.
(12) "Primary prevention" means providing information about the effects of alcohol or drug use to individuals so they will avoid using these substances.
(13) "Secondary prevention" means identifying and obtaining an assessment on individuals using alcohol or other drugs for referral to treatment when indicated.
(14) "Secretary" means the secretary of the department of social and health services.
(15) "Treatment" means the broad range of emergency detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, that may be extended to chemically dependent individuals and their families.
(16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of chemically dependent individuals.
NEW SECTION. Sec. 5. The secretary shall develop and promote state-wide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during, and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse. The secretary shall:
(1) Promote development of three pilot demonstration projects in the state to be called pretreatment projects for women of child bearing age.
(2) Ensure that two of the projects are located in public health department clinics that provide maternity services and one is located with a domestic violence program.
(3) Hire three certified chemical dependency counselors to work as substance abuse educators in each of the three demonstration projects. The counselors may rotate between more than one clinic or domestic violence program. The chemical dependency counselor for the domestic violence program shall also be trained in domestic violence issues.
(4) Ensure that the duties and activities of the certified chemical dependency counselors include, at a minimum, the following:
(a) Identifying substance-using pregnant women in the health clinics and domestic violence programs;
(b) Educating the women and agency staff on the effects of alcohol or drugs on health, pregnancy, and unborn children;
(c) Determining the extent of the women's substance use;
(d) Evaluating the women's need for treatment;
(e) Making referrals for chemical dependency treatment if indicated;
(f) Facilitating the women's entry into treatment; and
(g) Advocating on the client's behalf with other social service agencies or others to ensure and coordinate clients into treatment.
(5) Ensure that administrative costs of the department are limited to ten percent of the funds appropriated for the project.
NEW SECTION. Sec. 6. If specific funding for the purposes of sections 3, 4, and 5 of this act, referencing these sections by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, sections 3, 4, and 5 of this act shall be null and void.
NEW SECTION. Sec. 7. Sections 4 and 5 of this act are each added to Title 70 RCW."
On page 1, line 1 of the title, after "syndrome;" strike the remainder of the title and insert "adding a new section to chapter 66.08 RCW; adding new sections to Title 70 RCW; and creating new sections."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Wojahn, Erwin, Pelz; Representatives Heavey, Wood, Karahalios.
MOTION
Representative Heavey moved that the House adopt the Report of Conference the Committee on Engrossed Substitute House Bill No. 2026 and pass the bill as recommended by the Conference Committee.
Representative Heavey spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2026 as recommended by the Conference Committee.
Representatives Karahalios and Wood spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2026, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
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, 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, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representative Lisk - 1.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed Substitute House Bill No. 2026, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
The Speaker called on Representative R. Meyers to preside.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Encouraging commute trip reduction programs.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, Commute trip reduction progr, have had the same under consideration and we recommend that:
The Senate amendment by Senators Drew, Nelson and Vognild adopted on 4/13/93, not be adopted; and The Conference Committee amendments (2067-S.E AMC CONF S3438.1) be adopted
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.
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."
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.41.140; reenacting and amending RCW 46.08.172; adding new sections to chapter 43.01 RCW; creating a new section; and prescribing penalties."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Prentice, Sheldon; Representatives R. Fisher, Schmidt, Jones.
MOTION
Representative Jones moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 2067 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2067 as recommended by the Conference Committee.
Representative Mielke and Jones spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2067, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representative Edmondson - 1.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed Substitute House Bill No. 2067, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
CONFERENCE COMMITTEE REPORT
ESSB 5815 Date: April 22, 1993
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5815, concerning seizure and forfeiture, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendment by the Conference Committee (attached 5815-S.E AMC CONF H2654.1) be adopted;
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 69.50.505 and 1992 c 211 s 1 are each amended to read as follows:
(a) The following are subject to seizure and forfeiture and no property right exists in them:
(1) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as defined in RCW 64.44.010, used or intended to be used in the manufacture of controlled substances;
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2);
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to facilitate the sale, delivery, or receipt of property described in paragraphs (1) or (2), except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if used in the receipt of only an amount of marijuana for which possession constitutes a misdemeanor under RCW 69.50.401(e);
(iv) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(v) When the owner of a conveyance has been arrested under this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(5) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter or chapter 69.41 or 69.52 RCW;
(6) All drug paraphernalia;
(7) All moneys, negotiable instruments, securities, or other tangible or intangible property of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter or chapter 69.41 or 69.52 RCW((: PROVIDED, That)). A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission((: PROVIDED FURTHER, That)). No personal property may be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission which that owner establishes was committed or omitted without the owner's knowledge or consent; and
(8) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the knowledge of the owner for the manufacturing, compounding, processing, delivery, importing, or exporting of any controlled substance, or which have been acquired in whole or in part with proceeds traceable to an exchange or series of exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, if such activity is not less than a class C felony and a substantial nexus exists between the commercial production or sale of the controlled substance and the real property((: PROVIDED, That)). However:
(i) No property may be forfeited pursuant to this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend drug, or imitation controlled substance shall not result in the forfeiture of real property;
(iii) The possession of marijuana shall not result in the forfeiture of real property unless the marijuana is possessed for commercial purposes, the amount possessed is five or more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and the real property. In such a case, the intent of the offender shall be determined by the preponderance of the evidence, including the offender's prior criminal history, the amount of marijuana possessed by the offender, the sophistication of the activity or equipment used by the offender, and other evidence which demonstrates the offender's intent to engage in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of real property unless the sale was forty grams or more in the case of marijuana or one hundred dollars or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission.
(b) Real or personal property subject to forfeiture under this chapter may be seized by any board inspector or law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later: PROVIDED, That real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of personal property without process may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(3) A board inspector or law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The board inspector or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(c) In the event of seizure pursuant to subsection (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 property 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 property. Service of notice of seizure of real property shall be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title. The notice of seizure in other cases 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.
(d) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(4), (a)(7), or (a)(8) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized shall be deemed forfeited. The community property interest in real property of a person whose spouse committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(e) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, 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 aggregate value of the article or articles involved is more than five hundred dollars)). Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of personal property 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 article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees. In cases involving personal property, 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 property. In cases involving real property, the burden of producing evidence shall be upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture shall be upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles 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 of items specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section.
(f) When property is forfeited under this chapter the board or seizing law enforcement agency may:
(1) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency for the exclusive use of enforcing the provisions of this chapter;
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public;
(3) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law; or
(4) Forward it to the drug enforcement administration for disposition.
(g)(1) When property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property.
(2) Each seizing agency shall retain records of forfeited property for at least seven years.
(3) Each seizing agency shall file a report including a copy of the records of forfeited property with the state treasurer each calendar quarter.
(4) The quarterly report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(h)(1) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the drug enforcement and education account under RCW 69.50.520.
(2) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under subsection (n) of this section.
(3) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(i) Forfeited property and net proceeds not required to be paid to the state treasurer shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of controlled substances related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
(j) Controlled substances listed in Schedule I, II, III, IV, and V that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I, II, III, IV, and V, which are seized or come into the possession of the board, the owners of which are unknown, are contraband and shall be summarily forfeited to the board.
(k) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the board.
(l) The failure, upon demand by a board inspector or law enforcement officer, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that he is the holder thereof constitutes authority for the seizure and forfeiture of the plants.
(m) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. Such an order shall be filed by the seizing agency in the county auditor's records in the county in which the real property is located.
(n) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (f)(2) of this section, only if:
(l) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(2) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (2) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency must notify the landlord of the status of the claim by the end of the thirty-day period. Nothing in this section requires the claim to be paid by the end of the sixty-day or thirty-day period.
(3) For any claim filed under (2) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW 59.18.075, within seven days of receipt of notification of the illegal activity.
(o) The landlord's claim for damages under subsection (n) of this section may not include a claim for loss of business and is limited to:
(1) Damage to tangible property and clean-up costs;
(2) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;
(3) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (f)(2) of this section; and
(4) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (h)(2) of this section.
(p) Subsections (n) and (o) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (n) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:
(1) A vehicle driven by or under the actual physical control of the owner of the vehicle in violation of RCW 46.61.502 or 46.61.504 is, upon the conviction of the owner when that conviction is the second or subsequent conviction for a violation of RCW 46.61.502 or 46.61.504 within a five-year period, subject to seizure and forfeiture and no property right exists in that vehicle.
A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the violation of RCW 46.61.502 or 46.61.504.
(2) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(3) A seizure under subsection (2) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. 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 is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party to the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons 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. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate 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 involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's 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 of the vehicle.
(6) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title.
(7) 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.
(8) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(9) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(10) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(11) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(12) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(13) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.
NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:
(1) Whenever a person is charged with a violation of RCW 46.61.502 or 46.61.504 and that person has been previously convicted for a violation of RCW 46.61.502 or 46.61.504 within a five-year period, the court shall instruct the person charged of the provisions of section 5 of this act and shall immediately forward notice of the charge to the director.
(2) Upon the conviction or acquittal of the person charged or if a pending charge is otherwise terminated, the court shall immediately forward notice of the conviction, acquittal, or other termination of charge to the director.
NEW SECTION. Sec. 4. A new section is added to chapter 46.12 RCW to read as follows:
Upon receiving notice of a charge under section 3 of this act, the director shall withhold the issuance of a certificate of ownership on a vehicle subject to section 5 of this act unless the applicant is included in the exceptions listed in that section or until receiving notice of acquittal or other termination of the charge under section 3 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 46.12 RCW to read as follows:
It is unlawful to convey, sell, or transfer the ownership of a motor vehicle that was driven by or was under the actual physical control of the owner of the vehicle who has previously been convicted for a violation of RCW 46.61.502 or 46.61.504 within a five-year period and is currently charged with a violation of RCW 46.61.502 or 46.61.504, except that:
(1) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party; and
(2) A leased vehicle may be transferred to the lessor or to a person designated by the lessor.
Sec. 6. RCW 46.12.270 and 1969 ex.s. c 125 s 3 are each amended to read as follows:
Any person violating ((the provisions of)) RCW 46.12.250 ((or)), 46.12.260 ((shall be)), or section 5 of this act is guilty of a misdemeanor and shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in a county jail for not more than ninety days."
On page 1, line 1 of the title, after "forfeiture;" strike the remainder of the title and insert "amending RCW 69.50.505 and 46.12.270; adding new sections to chapter 46.61 RCW; adding new sections to chapter 46.12 RCW; and prescribing penalties."
and that the bill do pass as recommended by the Conference Committee.
Signed By Senators A. Smith, West, Quigley, Representatives Appelwick, Riley, Padden.
MOTION
Representative Ludwig moved that the House adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5815 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5815 as recommended by the Conference Committee.
Representatives Ludwig and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5815, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed Substitute Senate Bill No. 5815, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
CONFERENCE COMMITTEE REPORT
2SSB 5836 Date: April 22, 1993
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL 5836, redefining the relationship between the state and its postsecondary institutions, have had the same under consideration and we recommend that the House Higher Education Committee amendments not be adopted, and that the bill be amended as follows:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds a need to redefine the relationship between the state and its postsecondary education institutions through a compact based on trust, evidence, and a new alignment of responsibilities. As the proportion of the state budget dedicated to postsecondary education programs has continued to decrease and the opportunity for this state's citizens to participate in such programs also has declined, the state institutions of higher education have increasingly less flexibility to respond to emerging challenges through innovative management and programming. The legislature finds that this state has not provided its institutions of higher education with the ability to effectively achieve state-wide goals and objectives to increase access to, improve the quality of, and enhance the accountability for its postsecondary education system.
Therefore, the legislature declares that the policy of the state of Washington is to create an environment in which the state institutions of higher education have the authority and flexibility to enhance attainment of state-wide goals and objectives for the state's postsecondary education system through decisions and actions at the local level. The policy shall have the following attributes:
(1) The accomplishment of equitable and adequate enrollment by significantly raising enrollment lids, adequately funding those increases, and providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured by effective operations and clear results; the efficient use of funds to achieve well-educated students;
(3) The attainment of a new resource management relationship that removes the state from micromanagement, allows institutions greater management autonomy to focus resources on essential functions, and encourages innovation; and
(4) The development of a system of coordinated planning and sufficient feedback to assure policymakers and citizens that students are succeeding and resources are being prudently deployed.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.80 RCW to read as follows:
(1) At the local level, the higher education institutional responsibilities include but are not limited to:
(a) Development and provision of strategic plans under the guidelines established by the higher education coordinating board. In developing their strategic plans, the research universities shall consider the feasibility of significantly increasing the number of evening graduate classes;
(b) For the four-year institutions of higher education, timely provision of information required by the higher education coordinating board to report to the governor, the legislature, and the citizens;
(c) Provision of local student financial aid delivery systems to achieve both state-wide goals and institutional objectives in concert with state-wide policy; and
(d) Operating as efficiently as feasible within institutional missions and goals.
(2) At the state level, the higher education coordinating board shall be responsible for:
(a) Delineation and coordination of strategic plans to be prepared by the institutions;
(b) Preparation of reports to the governor, the legislature, and the citizens on program accomplishments and use of resources by the institutions;
(c) Administration and policy implementation for state-wide student financial aid programs; and
(d) Assistance to institutions in improving operational efficiency through measures that include periodic review of program efficiencies.
(3) At the state level, on behalf of community colleges and technical colleges, the state board for community and technical colleges shall coordinate and report on the system's strategic plans and shall provide any information required of its colleges by the higher education coordinating board.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.80 RCW to read as follows:
In cooperation with institutions of higher education, the state board for community and technical colleges, and appropriate state and local agencies, the higher education coordinating board may identify methods to reduce administrative barriers to efficient institutional operations. These methods may include waivers of statutory requirements and administrative rules. The higher education coordinating board shall report to the governor and appropriate legislative committees its recommendations for any statutory changes necessary to enhance institutional efficiencies. In cooperation with affected institutions, the board shall work with appropriate agencies to reduce administrative barriers that do not require statutory changes.
NEW SECTION. Sec. 4. A new section is added to chapter 28B.80 RCW to read as follows:
The higher education coordinating board, in conjunction with the four-year institutions of higher education, shall conduct a study of higher education system operations to identify efficiencies to increase access to, improve the quality of, and reduce the cost of higher education. This study shall include but not be limited to:
(1) Examining potential unnecessary duplicative and low-productivity programs for possible consolidation or termination;
(2) Developing criteria for and conducting an evaluation of faculty productivity;
(3) Reviewing and developing recommendations on appropriate institutional roles for providing remedial instruction;
(4) Exploring the potential for greater use of the public higher education system physical plant and other resources through such means as expanded operations during summer terms, evenings, and weekends;
(5) Examining the effectiveness of proposals on variable tuition rates and faculty salary incentives; and
(6) Identifying ways for institutions to share resources, faculty, and curricula through collaboration with other public and private postsecondary institutions and common school districts in their service areas to increase student opportunities and reduce costs. Analyses shall include clear articulation of functions among institutions, means to reduce duplication, and policies to facilitate student movement among institutions.
NEW SECTION. Sec. 5. A new section is added to chapter 28B.80 RCW to read as follows:
The higher education coordinating board, in conjunction with the state board for community and technical colleges and the institutions of higher education, shall report regularly to the legislature and the citizens the accomplishments of, expenditures for, and requirements of the postsecondary educational system in the state of Washington. The state board for community and technical colleges and the state institutions of higher education shall report uniformly to the higher education coordinating board, on an annual basis, the information necessary to prepare the report. Independent colleges and universities are encouraged to cooperate with this effort and to provide to the board information in a uniform format developed by the board, in cooperation with the institutions. Examples of performance measures that could be included are:
(1) Retention and graduation rates;
(2) Average time to a degree;
(3) Credit hours per degree awarded;
(4) Degrees awarded by discipline and by level;
(5) Multiple degrees;
(6) Measures taken to reduce duplicative courses, programs, and requirements;
(7) Student-faculty contact hours;
(8) Placement rates;
(9) Success in recruiting and graduating underrepresented groups;
(10) Various fiscal and management measures; and
(11) Demographic information on enrolled students, including but not limited to socioeconomic and ethnic backgrounds.
Sec. 6. RCW 28B.80.330 and 1985 c 370 s 4 are each amended to read as follows:
The board shall perform the following planning duties in consultation with the four-year institutions, the community and technical college system, and when appropriate the ((commission for vocational education)) work force training and education coordinating board, the superintendent of public instruction ((for the vocational-technical institutes)), and the independent higher educational institutions:
(1) Develop and establish role and mission statements for each of the four-year institutions and for the community and technical college system;
(2) Identify the state's higher education goals, objectives, and priorities;
(3) Prepare a comprehensive master plan which includes but is not limited to:
(a) Assessments of the state's higher education needs. These assessments may include, but are not limited to: The basic and continuing needs of various age groups; business and industrial needs for a skilled workforce; analyses of demographic, social, and economic trends; consideration of the changing ethnic composition of the population and the special needs arising from such trends; college attendance, retention, and dropout rates, and the needs of recent high school graduates and placebound adults. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions;
(b) Recommendations on enrollment and other policies and actions to meet those needs;
(c) Guidelines for continuing education, adult education, public service, and other higher education programs.
The initial plan shall be submitted to the governor and the legislature by December 1, 1987. Comments on the plan from the board's advisory committees and the institutions shall be submitted with the plan.
The plan shall be updated ((biennially)) every four years, and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan, and the ((biennial)) updates. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan;
(4) Review, evaluate, and make recommendations on operating and capital budget requests from four-year institutions and the community and technical college system, based on the elements outlined in subsections (1), (2), and (3) of this section, and on guidelines which outline the board's fiscal priorities. These guidelines shall be distributed to the institutions and the community college board by December of each odd-numbered year. The institutions and the community college board shall submit an outline of their proposed budgets, identifying major components, to the board no later than August 1 of each even-numbered year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the office of financial management before October 15 of each even-numbered year, and to the legislature by January 1 of each odd-numbered year;
(5) Recommend legislation affecting higher education;
(6) Recommend tuition and fees policies and levels based on comparisons with peer institutions;
(7) Establish priorities and develop recommendations on financial aid based on comparisons with peer institutions;
(8) Prepare recommendations on merging or closing institutions; and
(9) Develop criteria for identifying the need for new baccalaureate institutions.
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 July 1, 1993."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Bauer, Prince; Representatives Jacobsen, Brumsickle, Quall.
MOTION
Representative Jacobsen moved that the House adopt the Report of the Conference Committee on Second Substitute Senate Bill No. 5836 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5836 as recommended by the Conference Committee.
Representatives Jacobsen and Brumsickle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5836, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Second Substitute Senate Bill No. 5836, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1197 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Public assistance is intended to be a temporary financial relief program, recognizing that families can be confronted with a financial crisis at any time in life. Successful public assistance programs depend on the availability of adequate resources to assist individuals deemed eligible for the benefits of such a program. In this way, eligible families are given sufficient assistance to reenter productive employment in a minimal time period.
(2) The current public assistance system requires a reduction in grant standards when income is received. In most cases, family income is limited to levels substantially below the standard of need. This is a strong disincentive to work. To remove this disincentive, the legislature intends to allow families to retain a greater percentage of income before it results in the reduction or termination of benefits;
(3) Employment, training, and education services provided to employable recipients of public assistance are effective tools in achieving economic self-sufficiency. Support services that are targeted to the specific needs of the individual offer the best hope of achieving economic self-sufficiency in a cost-effective manner;
(4) State welfare-to-work programs, which move individuals from dependence to economic independence, must be operated cooperatively and collaboratively between state agencies and programs. They also must include public assistance recipients as active partners in self-sufficiency planning activities. Participants in economic independence programs and services will benefit from the concepts of personal empowerment, self-motivation, and self-esteem;
(5) Many barriers to economic independence are found in federal statutes and rules, and provide states with limited options for restructuring existing programs in order to create incentives for employment over continued dependence;
(6) The legislature finds that the personal and societal costs of teenage childbearing are substantial. Teen parents are less likely to finish high school and more likely to depend upon public assistance than women who delay childbearing until adulthood; and
(7) The legislature intends that an effort be made to ensure that each teenage parent who is a public assistance recipient live in a setting that increases the likelihood that the teen parent will complete high school and achieve economic independence.
NEW SECTION. Sec. 2. For purposes of determining the amount of grant payments to recipients of aid to families with dependent children, all countable nonexempt earned income shall be subtracted from an amount equal to fifty-five percent of the need standard. The department shall adopt rules necessary to implement the intent of this section.
NEW SECTION. Sec. 3. The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable. The department shall seek federal approval for the amendment to the state plan and report on federal action to the appropriate standing committees of the legislature by December 1, 1993.
NEW SECTION. Sec. 4. The department shall initiate a pilot project using electronic benefit transfer technology for the food stamp, aid to families with dependent children, and women, infant, and children programs. The department shall report to the appropriate standing committees of the legislature on the project implementation status by December 1, 1994.
Sec. 5. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:
For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:
(1) "Public assistance" or "assistance"—Public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.
(2) "Department"—The department of social and health services.
(3) "County or local office"—The administrative office for one or more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of social and health services.
(5) "Federal-aid assistance"—The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.
(6)(a) "General assistance"—Aid to persons in need who:
(i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program: PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; ((or))
(B) Under twenty years of age and ineligible for aid to families with dependent children solely due to federal age requirements, and are full-time students reasonably expected to complete a program of secondary school or the equivalent level of vocational or technical training before the end of the month in which the person reaches age twenty. Reasonably expected to complete a program of secondary school or the equivalent level of vocational or technical training means maintaining a grade point average equal to or greater than a 2.5. For purposes of determining payment amount, the student is considered a member of the aid to families with dependent children household of which the student would be a member but for the federal age requirement. In determining eligibility, earnings of a full-time student shall be disregarded, in accordance with department standards, notwithstanding the earnings limitation imposed by RCW 74.04.266;
(C) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department((.)); or
(((C))) (D) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(((B)))(C) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and
(iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.
(b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or
(ii) ((To the extent authorized by the legislature in the biennial appropriations act, to)) Recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received. Payment shall be made within fifteen days of the request.
(c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.
(e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.
(f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.
(g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.
(h) Students with earnings shall not be eligible for the essential persons program unless the earnings are disregarded.
(7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.
(8) "Recipient"—Any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.
(9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.
(10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent: PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.
(a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.
(b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.
(c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed one thousand five hundred dollars.
(d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance.
(e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.
(f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.
(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.
(b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.
(12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.
(13) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.
(14) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.
NEW SECTION. Sec. 6. A new section is added to chapter 74.04 RCW to read as follows:
The department shall amend the state plan to include an aid to families with dependent children essential persons program that would, to the extent permitted under federal law, allow eighteen to twenty year old students to be eligible for federal aid to families with dependent children matching grants.
Sec. 7. RCW 74.25.020 and 1992 c 165 s 3 are each amended to read as follows:
(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.
(2) To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation((: PROVIDED, That the department shall require nonexempt parents under age twenty-four to actively participate in orientation, assessment, and either education, vocational training, or employment programs. At least one nonexempt parent in the aid to families with dependent children-employable program shall actively participate in orientation, assessment, and either job search, education, training, or employment. Social services shall be offered to participants in accordance with federal law. The department shall adopt appropriate sanctions to ensure compliance with the requirements and policies of this chapter)).
(3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.
(4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.
NEW SECTION. Sec. 8. The department may provide grants to community action agencies or other local nonprofit organizations to provide job opportunities and basic skills training program participants with transitional support services, one-to-one assistance, and job retention services.
NEW SECTION. Sec. 9. The department of social and health services shall design a program for implementation involving recipients of aid to families with dependent children. A goal of this program is to develop a system that segments the aid to families with dependent children recipient population and identifies subgroups, matches services to the needs of the subgroup, and prioritizes available services. The department shall specify the services to be offered in each population segment. The general focus of the services offered shall be on job training, work force preparedness, and job retention.
The program shall be designed for state-wide implementation on July 1, 1994. A proposal for implementation may include phasing certain components over time or geographic area. The department shall submit this program to the appropriate committees of the senate and house of representatives by December 1, 1993.
NEW SECTION. Sec. 10. A new section is added to chapter 74.12 RCW to read as follows:
(1) As part of the orientation and assessment conducted pursuant to RCW 74.25.020, the department shall assist the family of the recipient in determining, in the following order of priority, the most appropriate living situation that will best ensure the safety and well-being for each recipient of aid to families with dependent children who is receiving those benefits as a head of household and is under age eighteen. Appropriate living situations may include, but are not limited to:
(a) The parent's home;
(b) The home of a relative;
(c) A group living situation with adult supervision and guidance;
(d) Living independently; and
(e) Payment of the recipient's grant to another as provided in RCW 74.12.250.
(2) In conducting the assessment, the department shall consider all relevant factors, including but not limited to:
(a) Whether the recipient is enrolled in and attending school;
(b) Whether the recipient is employed;
(c) The situation in the home of the recipient's parents, including but not limited to, whether there is substance abuse or domestic violence in the home and the adequacy of the dwelling; and
(d) Whether there is a history of physical, emotional, or sexual abuse of the recipient by a person living in or frequenting the recipient's parents' home.
(3) If, as a result of the assessment, the department becomes aware of a recipient's need for other services that will help the recipient complete high school or achieve economic independence, and be an effective parent, the department shall make every effort to link the recipient with the services, including parenting classes.
NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
In determining food stamp eligibility, the department shall exclude as income the child support exempted by 42 U.S.C. Sec. 602(a)(8)(vi) or 657 (b).
NEW SECTION. Sec. 12. By October 1, 1993, the department shall request the governor to seek congressional and federal agency action on any federal legislation or federal regulation that may be necessary to implement chapter 74.-- RCW (sections 2 through 4, 8, and 12 of this act), and any other section of chapter . . ., Laws of 1993 (this act) that may require a federal waiver.
NEW SECTION. Sec. 13. Sections 2 through 4, 8, and 12 of this act shall constitute a new chapter in Title 74 RCW.
NEW SECTION. Sec. 14. Section 2 of this act shall take effect July 1, 1994, if specific funding for the purposes of section 2 of this act, referencing section 2 of this act by bill and section number, is provided by July 1, 1994, in the omnibus appropriations act. If specific funding is not so provided, section 2 of this act shall be null and void.
NEW SECTION. Sec. 15. Section 3 of this act shall take effect July 1, 1993, if specific funding for the purposes of section 3 of this act, referencing section 3 of this act by bill and section number, is provided by July 1, 1993, in the omnibus appropriations act. If specific funding is not so provided, section 3 of this act shall be null and void.
NEW SECTION. Sec. 16. Section 4 of this act shall take effect July 1, 1993, if specific funding for the purposes of section 4 of this act, referencing section 4 of this act by bill and section number, is provided by July 1, 1993, in the omnibus appropriations act. If specific funding is not so provided, section 4 of this act shall be null and void.
NEW SECTION. Sec. 17. Section 5 of this act shall take effect July 1, 1993, if specific funding for the purposes of section 5 of this act, referencing section 5 of this act by bill and section number, is provided by July 1, 1993, in the omnibus appropriations act. If specific funding is not so provided, section 5 of this act shall be null and void.
NEW SECTION. Sec. 18. Section 11 of this act shall take effect July 1, 1994, if specific funding for the purposes of section 11 of this act, referencing section 11 of this act by bill and section number, is provided by July 1, 1994, in the omnibus appropriations act. If specific funding is not so provided, section 11 of this act shall be null and void.
NEW SECTION. Sec. 19. 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."
On page 1, line 1 of the title, after "assistance;" strike the remainder of the title and insert "amending RCW 74.25.020; reenacting and amending RCW 74.04.005; adding new sections to chapter 74.04 RCW; adding a new section to chapter 74.12 RCW; adding a new chapter to Title 74 RCW; creating new sections; providing effective dates; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Leonard moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 1197 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 Substitute House Bill No. 1197 as amended by the Senate.
Representatives Leonard, Cooke and Karahalios spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1197, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
Engrossed Substitute House Bill No. 1197, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 14, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1464 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.12 RCW to read as follows:
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29.01.135 and shall service both the remainder of the unexpired term and the succeeding term.
Sec. 2. RCW 42.12.010 and 1981 c 180 s 4 are each amended to read as follows:
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) His or her removal;
(4) His or her ceasing to be a legally ((qualified elector)) registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which he or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.
Sec. 3. RCW 43.06.010 and 1992 c 172 s 1 are each amended to read as follows:
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in section 1 of this act and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of ((his)) the prosecutor's duties;
(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
(13) The governor shall, when appropriate, submit to the select joint committee created by RCW 43.131.120, lists of state agencies, as defined by RCW 43.131.030, which agencies might appropriately be scheduled for termination by a bill proposed by the select joint committee;
(14) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(15) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.
Sec. 4. RCW 14.08.304 and 1979 ex.s. c 126 s 3 are each amended to read as follows:
The board of airport district commissioners shall consist of three members((, who shall each be a registered voter and actually a resident of the district)). The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as provided in RCW 29.13.020, three airport district commissioners shall be elected. The terms of office of airport district commissioners shall be two years, or until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular district general election on a nonpartisan basis in accordance with the general election law. ((They shall be nominated by petition of ten registered voters of the district.)) Vacancies on the board of airport district commissioners shall occur and shall be filled ((by appointment by the remaining commissioners)) as provided in chapter 42.12 RCW. Members of the board of airport district commissioners shall receive no compensation for their services, but shall be reimbursed for actual necessary traveling and sustenance expenses incurred while engaged on official business.
Sec. 5. RCW 28A.315.520 and 1971 c 53 s 4 are each amended to read as follows:
A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated. In addition, vacancies shall occur as provided in RCW 42.12.010.
NEW SECTION. Sec. 6. A new section is added to chapter 29.15 RCW to read as follows:
If, after the close of the period established by RCW 29.15.020 for filing declarations of candidacy for the office of superintendent of public instruction or the nonpartisan elective office of a county, city, town, or special purpose district, no candidate or only one candidate has filed such a declaration for the nonpartisan office, the closure of the filing period for the office shall be extended. The extended filing period shall close at the end of business on the first Friday following the normal closing of that period under RCW 29.15.020.
Declarations and affidavits of candidacy filed during this extended filing period for the office shall be filed in the same manner, with the same fees or petitions, and with the same officer as prescribed for filings made under RCW 29.15.020. The names of candidates who validly file within this extension of the filing period shall appear on the ballot as if the filings had been made during the normal filing period under RCW 29.15.020.
The requirements of this section apply to a nonpartisan office of a county unless the provisions of the county's home rule charter provide otherwise. This section does not apply to a judicial office.
Sec. 7. RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:
A filing fee of one dollar shall accompany each declaration of candidacy for precinct committee officer; a filing fee of ((ten)) twenty dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for any office for which compensation is on a per diem or per meeting attended basis, nor for the filing of any declaration of candidacy by a write-in candidate.
A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
When the candidacy is for((:
(1))) a legislative or judicial office that includes territory from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the counties comprising the district.
(((2) A city or town office, the fee shall be paid to the county auditor who shall transmit it to the city or town clerk for deposit in the city or town treasury.))
Sec. 8. RCW 29.15.120 and 1990 c 59 s 86 are each amended to read as follows:
A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during extended or special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.
NEW SECTION. Sec. 9. A new section is added to chapter 29.15 RCW to read as follows:
Each person who files a declaration of candidacy for an elected office of a city, town, or special district shall be given written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120.
Sec. 10. RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:
Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no September primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw or after the end of an extended filing period provided by section 6 of this act, either of the following circumstances exist:
(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or
(2) No more than two candidates have filed a declaration of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the September primary ballot, but for the provisions of this section, shall be printed as nominees for the positions sought upon the November general election ballot.
Sec. 11. RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each amended to read as follows:
A void in candidacy for a nonpartisan office occurs when an election for such office, except for the short term, has been scheduled and ((no valid declaration of candidacy has been filed for the position or)) all persons filing ((such)) valid declarations of candidacy for the office have died or been disqualified.
Sec. 12. RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each amended to read as follows:
Filings for a nonpartisan office shall be reopened for a period of three normal business days, such three day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law whenever before the fourth Tuesday prior to a primary:
(1) A valid declaration of candidacy has not been filed for a judicial office during the normal filing period for the office;
(2) All of the candidates who have filed for a nonpartisan office have withdrawn their candidacies;
(3) A void in candidacy occurs;
(((2))) (4) A vacancy occurs in any nonpartisan office leaving an unexpired term to be filled by an election for which filings have not been held; or
(((3))) (5) A nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within ((said)) the three-day period shall appear on the ballot as if made during the earlier filing period.
Sec. 13. RCW 29.15.200 and 1975-'76 2nd ex.s. c 120 s 13 are each amended to read as follows:
If, after ((both)) the normal filing period ((and)) for which an extension of the filing period is not required by section 6 of this act, after such an extended filing period, or after a special three day filing period as provided by RCW 29.15.170 and 29.15.180((, as now or hereafter amended, have passed and still)), no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until ((his)) a successor is elected at the next election when such positions are voted upon ((as provided by RCW 29.21.410, as now or hereafter amended)).
Sec. 14. RCW 29.21.015 and 1990 c 59 s 90 are each amended to read as follows:
No primary may be held for any single position in any city, town, or district, as required by RCW 29.21.010, if, after the last day allowed for candidates to withdraw or after the end of an extended or special filing period, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot. Names of candidates so notified shall be printed upon the general election ballot in the manner specified by RCW 29.30.025.
NEW SECTION. Sec. 15. A new section is added to chapter 35.02 RCW to read as follows:
An election shall be held to elect city or town elected officials at the next municipal general election occurring more than twelve months after the date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town council shall be established at this election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office. Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners shall not be staggered, as provided in chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 16. RCW 35.17.020 and 1979 ex.s. c 126 s 17 are each amended to read as follows:
All regular elections in cities organized under the statutory commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW 29.13.020. The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. ((If a vacancy occurs in the commission the remaining members shall appoint a person to fill it for the unexpired term.)) Vacancies on a commission shall occur and shall be filled as provided in chapter 42.12 RCW, except that in every instance a person shall be elected to fill the remainder of the unexpired term at the next general municipal election that occurs twenty-eight or more days after the occurrence of the vacancy.
Sec. 17. RCW 35.17.400 and 1979 ex.s. c 126 s 18 are each amended to read as follows:
The first election of commissioners shall be held ((within)) at the next special election that occurs at least sixty days after the ((adoption of)) election results are certified where the proposition to organize under the commission form was approved by city voters, and the commission first elected shall commence to serve as soon as they have been elected and have qualified and shall continue to serve until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. The date of the second election for commissioners shall be in accordance with RCW 29.13.020 such that the term of the first commissioners will be as near as possible to, but not in excess of, four years calculated from the first day in January in the year after the year in which the first commissioners were elected.
Sec. 18. RCW 35.18.020 and 1981 c 260 s 7 are each amended to read as follows:
(1) The number of ((councilmen)) councilmembers in a city or town operating with a council-manager plan of government shall be ((in proportion to the population of the city or town indicated in its petition for incorporation and thereafter shall be in proportion to its population as last)) based upon the latest population of the city or town that is determined by the office of financial management as follows:
(a) A city or town having not more than two thousand inhabitants, five ((councilmen)) councilmembers; and
(b) A city or town having more than two thousand, seven ((councilmen)) councilmembers.
(2) ((All councilmen shall be elected at large or from such wards or districts as may be established by ordinance, and shall serve for a term of four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, HOWEVER, That at the first general municipal election held in the city in accordance with RCW 29.13.020, after the election approving the council-manager plan, the following shall apply:
(a) One councilman shall be nominated and elected from each ward or such other existing district of said city as may have been established for the election of members of the legislative body of the city and the remaining councilmen shall be elected at large; but if there are no such wards or districts in the city, or at an initial election for the incorporation of a community, the councilmen shall be elected at large.
(b) In cities electing five councilmen, the candidates having the three highest number of votes shall be elected for a four year term and the other two for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.
(c) In cities electing seven councilmen, the candidates having the four highest number of votes shall be elected for a four year term and the other three for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.
(d) In determining the candidates receiving the highest number of votes, only the candidate receiving the highest number of votes in each ward, as well as the councilman-at-large or councilmen-at-large, are to be considered)) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All councilmembers shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Councilmembers may be elected on a city-wide or town-wide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific positions. Wards or districts shall be redrawn as provided in chapter 29.70 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or district; and (b) only voters of the ward or district may vote at a primary to nominate candidates for a councilmember of the ward or district. Voters of the entire city or town may vote at the general election to elect a councilmember of a ward or district, unless the city or town had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward or district associated with the council positions. If a city or town had so limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be authorized to continue to do so.
(3) When a ((municipality)) city or town has qualified for an increase in the number of ((councilmen)) councilmembers from five to seven by virtue of the next succeeding population determination made by the office of financial management ((after the majority of the voters thereof have approved operation under the council-manager plan)), two additional council positions shall be filled at the ((first)) next municipal general election ((when two additional councilmen are to be elected, one of the two additional councilmen receiving)) with the person elected to one of the new council positions receiving the ((highest)) greatest number of votes ((shall be)) being elected for a four-year term of office and the person elected to the other additional ((councilman shall be)) council position being elected for a two-year term of office. The ((terms of the)) two additional ((councilmen)) councilmembers shall ((commence)) assume office immediately when qualified in accordance with RCW 29.01.135, but the term of office shall be computed from the first day of January after the year in which they are elected. Their successors shall be elected to four-year terms of office.
(((4) In the event such population determination as provided in subsection (3) of this section requires an increase in the number of councilmen)) Prior to the election of the two new councilmembers, the city or town council shall fill the additional ((councilmanic)) positions by appointment not later than ((thirty)) forty-five days following the release of ((said)) the population determination, and ((the)) each appointee shall hold office only until ((the next regular city or town election at which a person shall be elected to serve for the remainder of the unexpired term. In the event such population determination results in a decrease in the number of councilmen, said decrease shall not take effect until the next regular city or town election: PROVIDED, That)) the new position is filled by election.
(4) When a city or town has qualified for a decrease in the number of councilmembers from seven to five by virtue of the next succeeding population determination made by the office of financial management, two council positions shall be eliminated at the next municipal general election if four council positions normally would be filled at that election, or one council position shall be eliminated at each of the next two succeeding municipal general elections if three council positions normally would be filled at the first municipal general election after the population determination. The council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from wards or districts.
(5) ((If a vacancy in the council occurs, the remaining members shall appoint a person to fill such office only until the next regular general municipal election at which a person shall be elected to serve for the remainder of the unexpired term)) Vacancies on a council shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 19. RCW 35.18.270 and 1979 ex.s. c 126 s 20 are each amended to read as follows:
If the majority of the votes cast at a special election for organization on the council-manager plan favor the plan, the city or town ((at its next regular election)) shall elect the council required under the council-manager plan in number according to ((the)) its population ((of the municipality: PROVIDED, That if the date of the next municipal general election is more than one year from the date of the election approving the council-manager plan, a special election shall be held to elect the councilmen; the newly elected councilmen shall assume office immediately when they are qualified in accordance with RCW 29.01.135 following the canvass of votes as certified and shall remain in office until their successors are elected at the next general municipal election: PROVIDED, That such successor shall hold office for staggered terms as provided in RCW 35.18.020 as now or hereafter amended. Councilmen shall take office at the time provided by general law. Declarations of candidacy for city or town elective positions under the council-manager plan for cities and towns shall be filed with the county auditor as the case may be not more than forty-five nor less than thirty days prior to said special election to elect the members of the city council. Any candidate may file a written declaration of withdrawal at any time within five days after the last day for filing a declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in group under the designation of the title of the offices for which they are candidates. There shall be no rotation of names)) at the next municipal general election. However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an even-numbered year if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan. The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.
Sec. 20. RCW 35.23.050 and 1965 c 7 s 35.23.050 are each amended to read as follows:
All municipal elections held under the provisions of this chapter shall be conducted according to the general election laws of this state((, as far as practicable: PROVIDED, That any qualified voter of such city, duly registered for the general county or state election next preceding any municipal election, general or special, shall be qualified to vote at such municipal election. No person shall be qualified to vote at such election unless he is a qualified elector of the county and has resided in such city for at least thirty days next preceding such election)).
Sec. 21. RCW 35.23.240 and 1965 c 7 s 35.23.240 are each amended to read as follows:
The city council may declare an office vacant: (1) If anyone either elected or appointed to that office fails for ten days to qualify as required by law or fails to enter upon ((his)) the duties of that office at the time fixed by law or the orders of the city council, ((his)) the office shall become vacant; or (2) if such an officer ((absents himself)) who serves for compensation is absent from the city without the consent of the city council for three consecutive weeks or openly neglects or refuses to discharge ((his)) the duties((, the council may declare his office vacant: PROVIDED, That this penalty for absence from the city shall not apply to such officers as serve without compensation.
If a vacancy occurs by reason of death, resignation, or otherwise in the office of mayor or councilman, the city council shall fill the vacancy until the next general municipal election)) of that office. In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
If a vacancy occurs ((by reason of death, resignation, or otherwise)) in any other office it shall be filled by appointment of the mayor and confirmed by the council in the same manner as other appointments are made.
Sec. 22. RCW 35.23.530 and 1965 c 7 s 35.23.530 are each amended to read as follows:
At any time not within three months previous to an annual election the city council of a second class city may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his election: PROVIDED, That if this results)) their elections. However, if these boundary changes result in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.
The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.
((No person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election and removal of his residence from the ward for which he was elected renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 23. RCW 35.24.050 and 1979 ex.s. c 126 s 22 are each amended to read as follows:
General municipal elections in third class cities not operating under the commission form of government shall be held biennially in the odd-numbered years ((as provided in RCW 29.13.020)) and shall be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.
((A councilman-at-large shall be elected biennially for a two-year term and until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. Of the other six councilmen, three shall be elected in each biennial general municipal election for terms of four years and until their successors are elected and qualified and assume)) Council positions shall be numbered in each third class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
In its discretion the council of a third class city may divide the city by ordinance into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 24. RCW 35.24.060 and 1965 c 7 s 35.24.060 are each amended to read as follows:
All elections shall be held in accordance with the general election laws of the state ((insofar as the same are applicable and no person shall be entitled to vote at any election unless he shall be a qualified elector of the county and shall have resided in such city for at least thirty days next preceding such election)).
Sec. 25. RCW 35.24.100 and 1965 c 7 s 35.24.100 are each amended to read as follows:
((In cities of)) The council of a third class city may declare a council position vacant if ((a member of the city council absents himself)) that councilmember is absent for three consecutive regular meetings ((thereof, unless by)) without the permission of the council((, his office may be declared vacant by the council.
Vacancies in the city council or in the office of mayor shall be filled by majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
Vacancies in offices other than that of mayor or city ((councilman)) councilmember shall be filled by appointment of the mayor.
((If a vacancy occurs in an elective office the appointee shall hold office only until the next regular election at which a person shall be elected to serve for the remainder of the unexpired term.))
If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.
Sec. 26. RCW 35.24.290 and 1986 c 278 s 5 are each amended to read as follows:
The city council of each third class city shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state or of the United States;
(2) To prevent and regulate the running at large of any or all domestic animals within the city limits or any part thereof and to cause the impounding and sale of any such animals;
(3) To establish, build and repair bridges, to establish, lay out, alter, keep open, open, widen, vacate, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish and reestablish the grades thereof; to grade, plank, pave, macadamize, gravel and curb the same, in whole or in part; to construct gutters, culverts, sidewalks and crosswalks therein or upon any part thereof; to cultivate and maintain parking strips therein, and generally to manage and control all such highways and places; to provide by local assessment for the leveling up and surfacing and oiling or otherwise treating for the laying of dust, all streets within the city limits;
(4) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets and alleys or within two hundred feet thereof along which sewers shall have been constructed to make proper connections therewith and to use the same for proper purposes, and in case the owners of the property on such streets and alleys or within two hundred feet thereof fail to make such connections within the time fixed by such council, it may cause such connections to be made and assess against the property served thereby the costs and expenses thereof;
(5) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;
(6) To impose and collect an annual license on every dog within the limits of the city, to prohibit dogs running at large and to provide for the killing of all dogs not duly licensed found at large;
(7) To license, for the purposes of regulation and revenue, all and every kind of business authorized by law, and transacted and carried on in such city, and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof, to fix the rate of license tax upon the same, and to provide for the collection of the same by suit or otherwise;
(8) To improve rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channel thereof, and remove obstructions therefrom; to improve the water-front of the city, and to construct and maintain embankments and other works to protect such city from overflow; to prevent the filling of the water of any bay, except such filling over tide or shorelands as may be provided for by order of the city council; to purify and prevent the pollution of streams of water, lakes or other sources of supply, and for this purpose shall have jurisdiction over all streams, lakes or other sources of supply, both within and without the city limits. Such city shall have power to provide by ordinance and to enforce such punishment or penalty as the city council may deem proper for the offense of polluting or in any manner obstructing or interfering with the water supply of such city or source thereof;
(9) To erect and maintain buildings for municipal purposes;
(10) To permit, under such restrictions as it may deem proper, and to grant franchises for, the laying of railroad tracks, and the running of cars propelled by electric, steam or other power thereon, and the laying of gas and water pipes and steam mains and conduits for underground wires, and to permit the construction of tunnels or subways in the public streets, and to construct and maintain and to permit the construction and maintenance of telegraph, telephone and electric lines therein;
(11) ((In its discretion to divide the city by ordinance, into a convenient number of wards, not exceeding six, to fix the boundaries thereof, and to change the same from time to time: PROVIDED, That no change in the boundaries of any ward shall be made within sixty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmen to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmen so designated shall be elected by the qualified electors resident in such ward, or by general vote of the whole city as may be designated in such ordinance. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. The removal of a councilman from the ward for which he was elected shall create a vacancy in such office;
(12))) To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed five thousand dollars nor the term of such imprisonment exceed the term of one year; or to provide that violations of ordinances constitute a civil violation subject to monetary penalty;
(((13))) (12) To establish fire limits, with proper regulations;
(((14))) (13) To establish and maintain a free public library;
(((15))) (14) To establish and regulate public markets and market places;
(((16))) (15) To punish the keepers and inmates and lessors of houses of ill fame, gamblers and keepers of gambling tables, patrons thereof or those found loitering about such houses and places;
(((17))) (16) To make all such ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the corporation and its trade, commerce and manufactures, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter, and to enact and enforce within the limits of such city all other local, police, sanitary and other regulations as do not conflict with general laws;
(((18))) (17) To license steamers, boats and vessels used in any bay or other watercourse in the city and to fix and collect such license; to provide for the regulation of berths, landings, and stations, and for the removing of steamboats, sail boats, sail vessels, rafts, barges and other watercraft; to provide for the removal of obstructions to navigation and of structures dangerous to navigation or to other property, in or adjoining the waterfront, except in municipalities in counties in which there is a city of the first class.
Sec. 27. RCW 35.27.100 and 1965 c 7 s 35.27.100 are each amended to read as follows:
All elections in towns shall be held in accordance with the general election laws of the state((, so far as the same may be applicable; and no person shall be entitled to vote at such election, unless he is a qualified elector of the county, and has resided in the town for at least thirty days next preceding the election)).
Sec. 28. RCW 35.27.140 and 1965 c 7 s 35.27.140 are each amended to read as follows:
((If a member of)) The council of a town may declare a council position vacant if that councilmember is absent from the town for three consecutive council meetings ((unless by)) without the permission of the council ((his office shall be declared vacant by the council. A vacancy in the office of mayor and vacancies in the council shall be filled by a majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
A vacancy in any other office shall be filled by appointment by the mayor. ((An appointee filling the vacancy in an elective office shall hold office only until the next general election at which time a person shall be elected to serve for the remainder of the unexpired term except that the person appointed to fill a vacancy in the office of mayor shall serve for the unexpired term.))
Sec. 29. RCW 35.61.050 and 1979 ex.s. c 126 s 24 are each amended to read as follows:
At the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five park commissioners shall be elected ((to hold office respectively for the following terms: Where the election is held in an odd-numbered year, one commissioner shall be elected to hold office for two years, two shall be elected to hold office for four years, and two shall be elected to hold office for six years. Where the election is held in an even-numbered year, one commissioner shall hold office for three years, two shall hold office for five years, and two shall hold office for seven years)). The election of park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary shall be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a commissioner. The staggering of the terms of office shall occur as follows: (1) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (2) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January ((of)) in the year after they are elected. ((The term of each nominee for park commissioner shall be expressed on the ballot.)) Thereafter, all commissioners shall ((serve)) be elected to six-year terms of office ((and)). All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled ((by majority action of the remaining commissioners appointing a voter to fill the remainder of the term of the vacant commissioner position)) as provided in chapter 42.12 RCW.
Sec. 30. RCW 35A.01.070 and 1979 ex.s. c 18 s 1 are each amended to read as follows:
Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first, second, or third class, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first, second, or third class city, unclassified city, or town, or otherwise as a code city.
(3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means ((either the)) a mayor-council form of government under chapter 35A.12 RCW, council-manager form of government under chapter 35A.13 RCW, or a mayor-council, council-manager, or commission form of government in general that is retained by a noncharter code city as provided in RCW 35A.02.130, without regard to variations in the number of elective offices or whether officers are elective or appointive.
(6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city.
(7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government, for which an election of new officers under RCW 35A.02.050 is required. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.
(9) "Reorganization" means a change in general plan of government where an election of all new officers is required in order to accomplish this change, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization.
Sec. 31. RCW 35A.02.050 and 1979 ex.s. c 18 s 7 are each amended to read as follows:
The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with RCW 29.13.020. In the event that the first election of officers ((as herein provided)) is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to RCW 29.21.010 and 29.13.070. In the event that the first election of all officers ((as herein provided)) is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by RCW 29.13.010: PROVIDED, That in the event the ordinances calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed with the secretary of state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in ((chapter 35A.29 RCW)) general election law.
Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions((, and an)). The initial terms ((or)) of office for those elected at a first election of all officers ((to positions one and two for a five member council, or positions one through three for a seven member council, shall if the election occurs at a general municipal election be only until the second Monday in January first following the next general municipal election two years hence and if the election occurs at a special election, the duration of these initial terms shall be until the second Monday in January in the first even-numbered year that follows the next general municipal election. The duration of the initial term attaching to the remaining councilmanic positions shall be until the second Monday in January two years next thereafter, so that staggered regular four year terms will ultimately result. Any declarations of candidacy for any primary or other election held pursuant to this section shall be filed as provided in RCW 35A.29.110 as now or hereafter amended)) shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an odd-numbered year, or one-year terms of office, if the election is held in an even-numbered year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayor-council plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in RCW 29.04.170.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof. ((Officers elected at the first election of officers held pursuant to this amendatory act shall assume office as soon as the election returns have been certified.))
Sec. 32. RCW 35A.02.130 and 1967 ex.s. c 119 s 35A.02.130 are each amended to read as follows:
Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election.
Sec. 33. RCW 35A.06.020 and 1967 ex.s. c 119 s 35A.06.020 are each amended to read as follows:
The classifications of municipalities which existed prior to the time this title goes into effect--first class city, second class city, third class ((and fourth class)) city, town, and unclassified city--and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city changes its plan of government to the provisions of either chapter 35A.12 or 35A.13 RCW.
Sec. 34. RCW 35A.06.030 and 1979 ex.s. c 18 s 14 are each amended to read as follows:
By use of the resolution for election or petition for election methods described in RCW 35A.06.040, any noncharter code city which has operated for more than six consecutive years under one of the optional plans of government authorized by this title, or for more than a combined total of six consecutive years under a particular plan of government both as a code city and under the same general plan under Title 35 RCW immediately prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a noncharter code city for more than one year or a city after operating for more than six consecutive years under a particular plan of government as a noncharter code city ((or may reclassify and adopt a plan of government authorized by the general law for municipalities of the highest class for which the population of such city qualifies it, or authorized for the class to which such city belonged immediately prior to becoming a noncharter code city, if any)): PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall all be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code and shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law.
Sec. 35. RCW 35A.06.050 and 1979 ex.s. c 18 s 15 are each amended to read as follows:
The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general municipal election if one is to be held within one hundred and eighty days or otherwise at a special election called for that purpose in accordance with RCW 29.13.020. The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 29.27.060 and 35A.29.120((, as now or hereafter amended. If the plan proposed in the petition is not a plan authorized for noncharter code cities by this title, the ballot statement shall clearly set forth that adoption of such plan by the voters would require abandonment of the classification of noncharter code city and that government would be under the general law relating to cities of the class specified in the resolution or petition. If the plan proposed in the petition is a plan authorized for noncharter code cities the ballot statement shall clearly set forth that adoption of such plan by the voters would not affect the eligibility of the noncharter code city to be governed under this optional municipal code)).
Sec. 36. RCW 35A.12.010 and 1985 c 106 s 1 are each amended to read as follows:
The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 37. RCW 35A.12.040 and 1979 ex.s. c 18 s 21 are each amended to read as follows:
Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the ((councilmen)) councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified((; except that at any first election three councilmen in cities having seven councilmen, and two councilmen in cities having five councilmen, shall be elected for two year terms and the remaining councilmen shall be elected for four year terms)) and assume office in accordance with RCW 29.04.170. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of ((councilmen)) councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes((, as provided in RCW 35A.29.105. In any city which holds its first election under this title in the calendar year 1970, candidates elected for two year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1973 and candidates elected for four year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1975)). Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. ((The city council shall be the judge of the qualifications of its members and determine contested elections of city officers, subject to review by certiorari as provided by law.)) The mayor and ((councilmen)) councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.
Sec. 38. RCW 35A.12.050 and 1967 ex.s. c 119 s 35A.12.050 are each amended to read as follows:
The office of a mayor or ((councilman)) councilmember shall become vacant if ((he)) the person who is elected or appointed to that position fails to qualify as provided by law ((or)), fails to enter upon ((his)) the duties of that office at the time fixed by law without a justifiable reason, ((upon his death, resignation, removal from office by recall as provided by law, or when his office is forfeited)) or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled ((for the remainder of the unexpired term, if any, at the next regular municipal election but the council, or the remaining members thereof, by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If at any time the membership of the council is reduced below the number required for a quorum, the remaining members, nevertheless, by majority action may appoint additional members to fill the vacancies until persons are elected to serve the remainder of the unexpired terms. If, after thirty days have passed since the occurrence of a vacancy, the council are unable to agree upon a person to be appointed to fill a vacancy in the council, the mayor may make the appointment from among the persons nominated by members of the council)) as provided in chapter 42.12 RCW.
Sec. 39. RCW 35A.12.060 and 1967 ex.s. c 119 s 35A.12.060 are each amended to read as follows:
((A mayor or councilman shall forfeit his office, creating a vacancy, if he ceases to have the qualifications prescribed for such office by law, charter, or ordinance, or if he is convicted of a crime involving moral turpitude or an offense involving a violation of his oath of office. A councilman also shall forfeit his office if he)) In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.
Sec. 40. RCW 35A.12.180 and 1967 ex.s. c 119 s 35A.12.180 are each amended to read as follows:
(1) At any time not within three months previous to a municipal general election the council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his)) their elections: PROVIDED, That if this results in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. ((When the city has been divided into wards no person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election, and removal of his residence from the ward for which he was elected renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (a) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (b) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so.
(2) If on the effective date of this section or thereafter, a ward represented by more than one councilmember does not have at least one councilmember elected to office at each municipal election, then the council may change the terms of or renumber councilmember positions to be filled at the next general election if necessary, so that at least one councilmember within the ward is elected to office at each municipal general election, and the city complies with RCW 35A.12.040. The council shall determine by lot which councilmember positions shall be renumbered or terms changed prior to the date for filing declarations of candidacy for election to councilmember positions.
Sec. 41. RCW 35A.13.010 and 1987 c 3 s 16 are each amended to read as follows:
The ((councilmen)) councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 42. RCW 35A.13.020 and 1975 1st ex.s. c 155 s 1 are each amended to read as follows:
In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan((: PROVIDED, That)), except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one ((on or after September 8, 1975,)) shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030((, as now or hereafter amended)).
Sec. 43. RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060 are each amended to read as follows:
An annexation election shall be held in accordance with ((chapter 35A.29 RCW of this title)) general election law and only registered voters who have resided in the area proposed to be annexed for ninety days immediately preceding the election shall be allowed to vote therein.
Sec. 44. RCW 35A.14.070 and 1979 ex.s. c 124 s 4 are each amended to read as follows:
Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by the boundary review board or the county annexation review board, state the objects of the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and "Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed, and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for or against the portion of indebtedness that the city requires to be assumed. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published at least once a week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory proposed to be annexed. Such notice shall be in addition to the notice required by ((RCW 35A.29.140)) general election law.
Sec. 45. RCW 35A.15.040 and 1967 ex.s. c 119 s 35A.15.040 are each amended to read as follows:
((The election shall be conducted and the returns canvassed as provided in chapter 35A.29 RCW.)) Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the proposition are for dissolution, the municipal corporation shall be dissolved upon certification of the election results to the office of the secretary of state.
Sec. 46. RCW 35A.16.030 and 1967 ex.s. c 119 s 35A.16.030 are each amended to read as follows:
((The election returns shall be canvassed as provided in RCW 35A.29.070 and)) If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((legislative body, by an order entered on its minutes, shall direct the clerk to)) county auditor shall make and transmit to the office of the secretary of state a certified abstract of the vote.
NEW SECTION. Sec. 47. A new section is added to chapter 35A.29 RCW to read as follows:
Elections for code cities shall comply with general election law.
Sec. 48. RCW 36.69.020 and 1969 c 26 s 2 are each amended to read as follows:
The formation of a park and recreation district shall be initiated by a petition designating the boundaries thereof by metes and bounds, or by describing the land to be included therein by townships, ranges and legal subdivisions. Such petition shall set forth the object of the district and state that it will be conducive to the public welfare and convenience, and that it will be a benefit to the area therein. Such petition shall be signed by not less than fifteen percent of the registered voters residing within the area so described. ((No person signing the petition may withdraw his name therefrom after filing.)) The name of a person who has signed the petition may not be withdrawn from the petition after the petition has been filed.
The petition shall be filed with the auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners, agreeing to pay the cost of the publication of the notice provided for in RCW 36.69.040. The county auditor shall, within thirty days from the date of filing the petition, examine the signatures and certify to the sufficiency or insufficiency thereof((; and for that purpose shall have access to all registration books or records in the possession of the registration officers of the election precincts included, in whole or in part, within the proposed district. Such books and records shall be prima facie evidence of the truth of the certificate)).
If the petition is found to contain a sufficient number of signatures of qualified persons, the auditor shall transmit it, together with ((his)) a certificate of sufficiency attached thereto, to the county ((commissioners who)) legislative authority, which shall by resolution entered upon ((their)) its minutes((,)) receive it and fix a day and hour when ((they)) the legislative authority will publicly hear the petition, as provided in RCW 36.69.040.
Sec. 49. RCW 36.69.070 and 1979 ex.s. c 126 s 28 are each amended to read as follows:
((All elections pursuant to this chapter shall be conducted in accordance with the provisions of chapter 29.13 RCW for district elections.)) A ballot proposition authorizing the formation of the proposed park and recreation district shall be submitted to the voters of the proposed district for their approval or rejection at the next general state election occurring sixty or more days after the county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the park and recreation district shall state generally and briefly the purpose thereof and shall give the boundaries of the proposed district((, define the election precincts, designate the polling place of each, give the names of the five nominated park and recreation commissioner candidates of the proposed district,)) and name the day of the election and the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such manner that the voters may indicate yes or no upon the proposition of forming the proposed park and recreation district. ((The ballot shall be so arranged that voters may vote for the five nominated candidates or may write in the names of other candidates.))
The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year or one-year terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.
Sec. 50. RCW 36.69.080 and 1979 ex.s. c 126 s 29 are each amended to read as follows:
If a majority of all votes cast upon the proposition favors the formation of the district, (([the])) the county legislative authority shall(([,])), by resolution, declare the territory organized as a park and recreation district under the designated name ((theretofore designated, and shall declare the candidate from each subdivision receiving the highest number of votes for park and recreation commissioner the duly elected first park and recreation commissioner of the subdivision of the district. These initial park and recreation commissioners shall take office immediately upon their election and qualification and hold office until their successors are elected and qualified and assume office as provided in RCW 36.69.090 as now or hereafter amended)).
Sec. 51. RCW 36.69.090 and 1987 c 53 s 1 are each amended to read as follows:
A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Candidates shall run for specific commissioner positions.
Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election in each odd-numbered year. ((Residence anywhere within the district shall qualify an elector for any position on the commission after the initial election.)) Elections shall be held in accordance with the provisions of Title 29 RCW dealing with general elections. ((All commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. At the first election following the formation of the district, the two candidates receiving the highest number of votes shall serve for terms of four years, and the three candidates receiving the next highest number of votes shall serve for two years. Thereafter all commissioners shall be elected for four year terms: PROVIDED, That if there would otherwise be two commissioners elected at the November 1987 general election, the candidate receiving the highest number of votes shall serve a four-year term, and the commissioner receiving the second highest number of votes shall serve a two-year term.))
Sec. 52. RCW 36.69.100 and 1963 c 4 s 36.69.100 are each amended to read as follows:
Vacancies on the board of park and recreation commissioners shall occur and shall be filled ((by a majority vote of the remaining commissioners)) as provided in chapter 42.12 RCW.
Sec. 53. RCW 36.69.440 and 1979 ex.s. c 11 s 3 are each amended to read as follows:
(1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW 36.69.040.
(2) At the public hearing the legislative authority ((for each authority)) for each county shall fix the boundaries for that portion of the proposed park and recreation district that lies within the county as provided in RCW 36.69.050. Each county shall notify the other county or counties of the determination of the boundaries within ten days.
(3) If the territories created by the county legislative authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the county containing the portion of the proposed joint district having the larger population shall determine the name of the proposed joint district.
(4) ((If the proposed district encompasses portions of two counties, the county containing the portion of the district having the larger population shall divide the territory into three subdivisions and shall name three resident electors as prescribed by RCW 36.69.060. The county containing the territory having the smaller population shall divide that territory into two subdivisions and name two resident electors.
(5) If the proposed district encompasses portions of more than two counties, the district shall be divided into five subdivisions and resident electors shall be named as follows:
The number of subdivisions and resident electors to be established by each county shall reflect the proportion of population within each county portion of the proposed district in relation to the total population of the proposed district, provided that each county shall designate one subdivision and one resident elector.
(6))) The proposition for the formation of the proposed joint park and recreation district shall be submitted to the voters of the district at the next general election, which election shall be conducted as required by RCW 36.69.070 and 36.69.080.
Sec. 54. RCW 36.105.010 and 1991 c 363 s 99 are each amended to read as follows:
Voters of the unincorporated areas of the state are authorized to establish community councils as provided in this chapter.
It is the purpose of this chapter to provide voters of unincorporated areas in counties with a population of over thirty thousand that are made up entirely of islands and in counties with a population of over one million with direct input on the planning and zoning of their community by establishing a governmental mechanism to adopt proposed community comprehensive plans and proposed community zoning ordinances that are consistent with an overall guide and framework adopted by the county legislative authority. In addition, it is the purpose of this chapter to have community councils serve as forums for the discussion of local issues.
Sec. 55. RCW 36.105.020 and 1991 c 363 s 100 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Community" means a portion of the unincorporated area for which a community council has been established and which is located in a county with a population of over thirty thousand that is made up entirely of islands and in counties with a population of over one million.
(2) "Community comprehensive plan" means a comprehensive plan adopted by a community council.
(3) "Community council" means the governing body established under this chapter to adopt community comprehensive plans and community zoning ordinances for a community.
(4) "Community zoning ordinances" means the zoning ordinances adopted by a community council to implement a community comprehensive plan.
Sec. 56. RCW 36.105.030 and 1991 c 363 s 101 are each amended to read as follows:
A community for which a community council is created may include only unincorporated territory located in a single county with a population of over thirty thousand that is made up entirely of islands and in counties with a population of over one million and not included within a city or town. A community council must have at least one thousand persons residing within the community when the community council is created or, where the community only includes an entire island, at least three hundred persons must reside on the island when the community council is created. Any portion of such a community that is annexed by a city or town, or is incorporated as a city or town, shall be removed from the community upon the effective date of the annexation or the official date of the incorporation.
Sec. 57. RCW 52.14.010 and 1985 c 330 s 2 are each amended to read as follows:
The affairs of the district shall be managed by a board of fire commissioners composed of three ((resident electors of)) registered voters residing in the district except as provided in RCW 52.14.015 and 52.14.020. Each member shall each receive fifty dollars per day or portion thereof, not to exceed four thousand eight hundred dollars per year, for attendance at board meetings and for performance of other services in behalf of the district.
In addition, they shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all ((firemen)) fire fighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.
Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which ((said)) the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer ((firemen)) fire fighters without compensation. A commissioner actually serving as a volunteer ((fireman)) fire fighter may enjoy the rights and benefits of a volunteer ((fireman)) fire fighter. ((The first commissioners shall take office immediately when qualified in accordance with RCW 29.01.135 and shall serve until after the next general election for the selection of commissioners and until their successors have been elected and have qualified and have assumed office in accordance with RCW 29.04.170.))
Sec. 58. RCW 52.14.015 and 1990 c 259 s 14 are each amended to read as follows:
In the event a three member board of commissioners of any fire protection district determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from three members to five members?
Yes . . . . .
No . . . . . .
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five members. The two additional members shall be appointed in the same manner as provided in RCW 52.14.020.
Sec. 59. RCW 52.14.030 and 1984 c 230 s 31 are each amended to read as follows:
((The polling places for district elections shall be those of the county voting precincts which include any of the territory within the fire protection districts. District elections)) The polling places for a fire protection district election may be located inside or outside the boundaries of the district ((and)), as determined by the auditor of the county in which the fire protection district is located, and the elections of the fire protection district shall not be held to be irregular or void on that account.
Sec. 60. RCW 52.14.050 and 1989 c 63 s 21 are each amended to read as follows:
((In the event of a vacancy occurring in the office of fire commissioner, the vacancy shall, within sixty days, be filled by appointment of a resident elector of the district by a vote of the remaining fire commissioners. If the board of commissioners fails to fill the vacancy within the sixty-day period, the county legislative authority of the county in which all, or the largest portion, of the district is located shall make the appointment. If the number of vacancies is such that there is not a majority of the full number of commissioners in office as fixed by law, the county legislative authority of the county in which all, or the largest portion, of the district is located shall appoint someone to fill each vacancy, within thirty days of each vacancy, that is sufficient to create a majority as prescribed by law.
An appointee shall serve ad interim until a successor has been elected and qualified at the next general election as provided in chapter 29.21 RCW. A person who is so elected shall take office immediately after he or she is qualified and shall serve for the remainder of the unexpired term.))
Vacancies on a board of fire commissioners shall occur as provided in chapter 42.12 RCW. In addition, if a fire commissioner is absent from the district for three consecutive regularly scheduled meetings unless by permission of the board, the office shall be declared vacant by the board of commissioners ((and the vacancy shall be filled as provided for in this section)). However, such an action shall not be taken unless the commissioner is notified by mail after two consecutive unexcused absences that the position will be declared vacant if the commissioner is absent without being excused from the next regularly scheduled meeting. Vacancies ((additionally shall occur)) on a board of fire commissioners shall be filled as provided in chapter 42.12 RCW.
Sec. 61. RCW 52.14.060 and 1989 c 63 s 22 are each amended to read as follows:
The initial three members of the board of fire commissioners shall be elected at the same election as when the ballot proposition is submitted to the voters authorizing the creation of the fire protection district. If the district is not authorized to be created, the election of the initial fire commissioners shall be null and void. If the district is authorized to be created, the initial fire commissioners shall take office immediately when qualified. Candidates shall file for each of the three separate fire commissioner positions. Elections shall be held as provided in chapter 29.21 RCW, with the county auditor opening up a special filing period as provided in RCW ((29.21.360 and 29.21.370)) 29.15.170 and 29.15.180, as if there were a vacancy. The ((candidate for each position)) person who receives the greatest number of votes for each position shall be elected to that position. ((If the election is held in an odd-numbered year, the winning candidate receiving the highest number of votes shall hold office for a term of six years, the winning candidate receiving the next highest number of votes shall hold office for a term of four years, and the candidate receiving the next highest number of votes shall serve for a term of two years. If the election were held in an even-numbered year, the winning candidate receiving the greatest number of votes shall hold office for a term of five years, the winning candidate receiving the next highest number of votes shall hold office for a term of three years, and the winning candidate receiving the next highest number of votes shall hold office for a term of one year.)) The terms of office of the initial fire commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when elected and qualified and their terms of office ((of the initially elected fire commissioners)) shall be calculated from the first day of January in the year following their election.
The term of office of each subsequent commissioner shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
Sec. 62. RCW 53.12.140 and 1959 c 17 s 9 are each amended to read as follows:
A vacancy in the office of port commissioner shall occur ((by death, resignation, removal, conviction of a felony,)) as provided in chapter 42.12 RCW or by nonattendance at meetings of the port commission for a period of sixty days unless excused by the port commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty)). A vacancy on a port commission shall be filled as provided in chapter 42.12 RCW.
Sec. 63. RCW 54.08.060 and 1979 ex.s. c 126 s 36 are each amended to read as follows:
Whenever a proposition for the formation of a public utility district is to be submitted to voters in any county, the county legislative authority may by resolution call a special election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the earliest practicable time. If the boundaries of the proposed district embrace an area less than the entire county, such election shall be confined to the area so included. The notice of such election shall state the boundaries of the proposed district and the object of such election; in other respects, such election shall be held and called in the same manner as provided by law for the holding and calling of general elections: PROVIDED, That notice thereof shall be given for not less than ten days nor more than thirty days prior to such special election. In submitting the ((said)) proposition to the voters for their approval or rejection, such proposition shall be expressed on the ballots in substantially the following terms:
Public Utility District No. __. YES
Public Utility District No. __. NO
At the same special election on the proposition to form a public utility district, there shall also be an election for three public utility district commissioners((: PROVIDED, That)). However, the election of such commissioners shall be null and void if the proposition to form the public utility district does not receive approval by a majority of the voters voting on the proposition. ((Nomination for and election of public utility district commissioners shall conform with the provisions of RCW 54.12.010 as now or hereafter amended, except for the day of such election and the term of office of the original commissioners.)) No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. Commissioner districts shall be established as provided in RCW 54.12.010. The terms of the initial commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of office if the election is held in an odd-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year. The commissioners first to be elected at such special election shall ((hold office from the first day of the month following the commissioners' election for the terms as specified in this section which terms shall be computed from the first day in January next following the election. If such special election was held in an even-numbered year, the commissioners residing in commissioner district number one shall hold office for the term of six years, the commissioner residing in commissioner district number two shall hold office for the term of four years, and the commissioner residing in commissioner district number three shall hold office for the term of two years. If such special election was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner residing in commissioner district number two shall hold office for the term of three years, and the commissioner residing in commissioner district number three shall hold office for the term of one year)) assume office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day in January in the year following their elections.
The term "general election" as used herein means biennial general elections at which state and county officers in a noncharter county are elected.
Sec. 64. RCW 54.12.010 and 1990 c 59 s 109 are each amended to read as follows:
((Within ten days after such election, the county canvassing board shall canvass the returns, and if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the canvassing board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become)) A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.
The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
When the public utility district is ((coextensive with the limits of such county)) county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county ((commissioner)) legislative authority districts ((of the county in which the public utility district is located if the county is not operating under a "Home Rule" charter)). When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is ((located in a county operating under a "Home Rule" charter)) county-wide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, ((having)) each with approximately equal population and ((boundaries,)) following ((ward and)) precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when ((they)) it changes the boundaries of the proposed public utility district, and one commissioner shall be elected ((from each of said)) as a commissioner of each of the public utility district commissioner districts. ((In all five commissioner districts an additional commissioner at large shall be chosen from each of the two at large districts. No person shall be eligible to be elected to the office of public utility district commissioner for a particular district commissioner district unless he is a registered voter of the public utility district commissioner district or at large district from which he is elected.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
((Except as otherwise provided,)) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. ((One commissioner at large and one commissioner from a commissioner district shall be elected at each general election held in an even-numbered year for the term of four years and six years respectively. All candidates shall be voted upon by the entire public utility district.
When a public utility district is formed, three public utility district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such public utility district shall be formed. If the general election adopting the proposition to create the public utility district was held in an even-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of six years; the commissioner residing in commissioner district number two shall hold office for the term of four years; and the commissioner residing in commissioner district number three shall hold office for the term of two years. If the general election adopting the proposition to create the public utility district was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner in district two shall hold office for the term of three years, and the commissioner in district three shall hold office for the term of one year. The commissioners first to be elected as above provided shall hold office from the first day of the month following the commissioners' election and their respective terms of office shall be computed from the first day of January next following the election.))
All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170. ((A filing for nomination for public utility district commissioner shall be accompanied by a petition signed by one hundred registered voters of the public utility district which shall be certified by the county auditor to contain the required number of registered voters, and shall otherwise be filed in accord with the requirements of Title 29 RCW. At the time of filing such nominating petition, the person so nominated shall execute and file a declaration of candidacy subject to the provisions of Title 29 RCW, as now or hereafter amended. The petition and each page of the petition shall state whether the nomination is for a commissioner from a particular commissioner district or for a commissioner at large and shall state the districts; otherwise it shall be void.))
A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of a felony,)) nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in said office, such vacancy shall be filled at the next general election held in an even-numbered year, the vacancy in the interim to be filled by appointment by the remaining commissioners. If more than one vacancy exists at the same time in a three commissioner district, or more than two in a five commissioner district, a special election shall be called by the county canvassing board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty days after the occurring of such vacancies.
A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any resolution, but no business shall be transacted, except in usual and ordinary course, unless there are in office at least a majority of the full number of commissioners fixed by law)). Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
The boundaries of the public utility district ((commissioners')) commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29.70 RCW, but ((said)) the boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility ((commissioners')) commissioner districts shall be changed to include such additional territory. The proposed change of the boundaries of the public utility district ((commissioners')) commissioner district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of ((said)) the petition shall be governed by the provisions of chapter 54.08 RCW.
Sec. 65. RCW 54.40.070 and 1977 ex.s. c 36 s 7 are each amended to read as follows:
Within thirty days after the public utility district commission shall divide the district into two at large districts, the county legislative authority shall call a special election, to be held at the next scheduled special election called pursuant to RCW 29.13.010, or not more than ninety days after such call, at which time the initial commissioners to such at large districts shall be elected((,)). No primary shall be held and a special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected.
The person who is elected receiving the ((largest)) greatest number of votes ((to serve for four years)) shall be elected to a four-year term of office, and the other person ((receiving the next largest number of votes to serve an initial term of two years)) who is elected shall be elected to a two-year term of office, if the election is held in an even-numbered year, or the person who is elected receiving the greatest number of votes shall be elected to a three-year term of office, and the other person who is elected shall be elected to a one-year term of office, if the election is held in an odd-numbered year. The length of these terms of office shall be calculated from the first day in January in the year following their elections.
The newly elected commissioners shall assume office immediately after being elected and qualified and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Each successor shall be elected to a four-year term of office.
Sec. 66. RCW 56.12.020 and 1979 ex.s. c 126 s 38 are each amended to read as follows:
At the election held to form or reorganize a sewer district, ((there shall be elected three commissioners who shall assume office immediately when qualified in accordance with RCW 29.01.135 to hold office for terms of two, four, and six years respectively, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
The term of each nominee shall be expressed on the ballot and shall be computed from the first day of January next following if the initial election of the sewer district commissioners was in a general district election as provided in RCW 29.13.020, or from the first day of January following the first general election for sewer districts after its creation if the initial election was on a date other than a general district election. Thereafter, every two years there shall be elected a commissioner for a term of six years and until his or her successor is elected and qualified, at the general election held in the odd-numbered years, as provided in RCW 29.13.020, and conducted by the county auditor and the returns shall be canvassed by the county canvassing board of election returns: PROVIDED, That each such commissioner shall assume office in accordance with RCW 29.04.170)) three sewer district commissioners shall be elected. The election of sewer district commissioners shall be null and void if the ballot proposition to form or reorganize the sewer district is not approved. Candidates shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.
The newly elected sewer district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new sewer district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January in the year following the election.
Thereafter commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 67. RCW 56.12.030 and 1990 c 259 s 24 are each amended to read as follows:
(((1) Nominations for the first board of commissioners to be elected at the election for the formation of the sewer district shall be by petition of fifty registered voters or ten percent of the registered voters of the district who voted in the last general municipal election, whichever is the smaller. The petition shall be filed in the auditor's office of the county in which the district is located at least forty-five days before the election. Thereafter candidates for the office of sewer commissioner shall file declarations of candidacy and their election shall be conducted as provided by the general elections laws. A vacancy or vacancies shall be filled by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority. Any person residing in the district who is at the time of election a registered voter may vote at any election held in the sewer district.
(2) Subsection (1) of this section notwithstanding,)) The board of commissioners of any sewer district may ((provide by majority vote that subsequent commissioners be elected from commissioner districts)) adopt a resolution providing that each subsequent commissioner be elected as a commissioner of a commissioner district within the district. If the board exercises this option, it shall divide the district into ((three)) a number of commissioner districts ((of)) equal in number to the number of commissioners on the board, each with approximately equal population following current precinct and district boundaries as far as practicable. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the registered voters of the commissioner district.
(3) All expense of elections for the formation or reorganization of a sewer district shall be paid by the county in which the election is held and the expenditure is hereby declared to be for a county purpose, and the money paid for that purpose shall be repaid to the county by the district if formed or reorganized.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire sewer district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
NEW SECTION. Sec. 68. A new section is added to chapter 56.12 RCW to read as follows:
Sewer district elections shall conform with general election laws.
Vacancies on a board of sewer commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 69. RCW 57.02.050 and 1982 1st ex.s. c 17 s 5 are each amended to read as follows:
Whenever the boundaries or proposed boundaries of a water district include or are proposed to include by means of formation, annexation, consolidation, or merger (including merger with a sewer district) territory in more than one county, all duties delegated by Title 57 RCW to officers of the county in which the district is located shall be delegated to the officers of the county in which the largest land area of the district is located, except that elections shall be conducted pursuant to ((RCW 57.02.060, as now existing or hereafter amended)) general election law, actions subject to review and approval under RCW 57.02.040 and 56.02.070 shall be reviewed and approved only by the officers or boards in the county in which such actions are proposed to occur, verification of electors' signatures shall be conducted by the county election officer of the county in which such signators reside, and comprehensive plan review and approval or rejection by the respective county legislative authorities under RCW 57.16.010 shall be limited to that part of such plans within the respective counties.
Sec. 70. RCW 57.12.020 and 1990 c 259 s 30 are each amended to read as follows:
((Nominations for the first board of commissioners to be elected at the election for the formation of the water district shall be by petition of at least ten percent of the registered voters of the district who voted in the last general municipal election, filed in the auditor's office of the county in which the district is located, at least forty-five days prior to the election. Thereafter, candidates for the office of water commissioners shall file declarations of candidacy and their election shall be conducted as provided by the general election laws.))
A vacancy ((or vacancies)) on the board shall occur and shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority.
Any person residing in the district who is a registered voter under the laws of the state may vote at any district election)) as provided in chapter 42.12 RCW.
Sec. 71. RCW 57.12.030 and 1982 1st ex.s. c 17 s 14 are each amended to read as follows:
((The general laws of the state of Washington governing the registration of voters for a general or a special city election shall govern the registration of voters for elections held under this chapter. The manner of holding any general or special election for said)) Water district elections shall be held in accordance with the general election laws of this state. ((All elections in a water district shall be conducted under RCW 57.02.060. All expenses of elections for a water district shall be paid for out of the funds of the water district: PROVIDED, That if the voters fail to approve the formation of a water district, the expenses of the formation election shall be paid by each county in which the proposed district is located, in proportion to the number of registered voters in the proposed district residing in each county.))
Except as in this section otherwise provided, the term of office of each water district commissioner shall be six years, such term to be computed from the first day of January following the election, and ((one commissioner shall be elected at each biennial general election, as provided in RCW 29.13.020, for the term of six years and until his or her successor is)) commissioners shall serve until their successors are elected and qualified and assume((s)) office in accordance with RCW 29.04.170. ((All candidates shall be voted upon by the entire water district.))
Three water district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such water district shall be formed. ((The commissioner elected in commissioner position number one shall hold office for the term of six years; the commissioner elected in commissioner position number two shall hold office for the term of four years; and the commissioner elected in commissioner position number three shall hold office for the term of two years: PROVIDED, That the members of the first commission shall take office immediately upon their election and qualification. The terms of all commissioners first to be elected shall also include the time intervening between the date that the results of their election are declared in the canvass of returns thereof and the first day of January following the next general district election as provided in RCW 29.13.020.)) The election of water district commissioners shall be null and void if the ballot proposition to form the water district is approved. Each candidate shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.
The newly elected water district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new water district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 72. RCW 57.12.039 and 1986 c 41 s 2 are each amended to read as follows:
Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the district. If the board exercises this option, it shall divide the district into three commissioner districts of approximately equal population following current precinct and district boundaries. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the electors of the commissioner district.))
Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire water district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
Sec. 73. RCW 57.32.022 and 1982 1st ex.s. c 17 s 31 are each amended to read as follows:
The respective boards of water commissioners of the consolidating districts shall certify the agreement to the county election officer of each county in which the districts are located. A special election shall be called by the county election officer ((under RCW 57.02.060)) for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one water district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be given and the election conducted in accordance with the general election laws.
Sec. 74. RCW 57.32.023 and 1982 1st ex.s. c 17 s 32 are each amended to read as follows:
If at the election a majority of the voters in each of the consolidating districts vote in favor of the consolidation, the county canvassing board shall so declare in its canvass ((under RCW 57.02.060)) and the return of such election shall be made within ten days after the date thereof. Upon the return the consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new water district and municipal corporation of the state of Washington. The name of such new water district shall be "Water District No. .....", which shall be the name appearing on the ballot. The district shall have all and every power, right, and privilege possessed by other water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the comprehensive plan of water supply contained in the agreement for consolidation and any future additions and betterments to the comprehensive plan of water supply, as its board of water commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.
NEW SECTION. Sec. 75. A new section is added to chapter 68.52 RCW to read as follows:
Cemetery district elections shall conform with general election laws.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 76. RCW 68.52.100 and 1947 c 6 s 2 are each amended to read as follows:
For the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges and legal subdivisions, signed by not less than fifteen percent of the ((qualified)) registered ((electors, who are property owners or are purchasing property under contract and who are resident)) voters who reside within the boundaries of the proposed district, setting forth the object of the formation of such district and stating that the establishment thereof will be conducive to the public welfare and convenience, shall be filed with the county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice hereinafter provided for. The county auditor shall, within thirty days from the date of filing of such petition, examine the signatures and certify to the sufficiency or insufficiency thereof ((and for such purpose shall have access to registration books and records in possession of the registration officers of the election precincts included in whole or in part within the boundaries of the proposed district and to the tax rolls and other records in the offices of the county assessor and county treasurer. No person having)). The name of any person who signed a petition shall not be ((allowed to withdraw his name therefrom)) withdrawn from the petition after it has been filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures ((of qualified persons)), the county auditor shall transmit it, with ((his)) a certificate of sufficiency attached, to the ((board of)) county ((commissioners)) legislative authority, which shall thereupon, by resolution entered upon its minutes, receive the same and fix a day and hour when it will publicly hear ((said)) the petition.
Sec. 77. RCW 68.52.140 and 1982 c 60 s 2 are each amended to read as follows:
The ((board of)) county ((commissioners)) legislative authority shall have full authority to hear and determine the petition, and if it finds that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare, otherwise it shall deny the petition. If the ((board)) county legislative authority finds in favor of the formation of the district, it shall designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this chapter, and for the purpose of electing its first cemetery district commissioners. ((The board shall, prior to calling the said election, name three registered resident electors who are property owners or are purchasing property under contract within the boundaries of the district as candidates for election as cemetery district commissioners. These electors are exempt from the requirements of chapter 42.17 RCW.)) At the same election three cemetery district commissioners shall be elected, but the election of the commissioners shall be null and void if the district is not created. No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. Candidates shall run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position shall be elected to that commissioner position. The terms of office of the initial commissioners shall be as provided in RCW 68.52.220.
Sec. 78. RCW 68.52.160 and 1947 c 6 s 8 are each amended to read as follows:
The ballot for ((said)) the election shall be in such form as may be convenient but shall present the propositions substantially as follows:
".....(insert county name)..... cemetery district No. .....(insert number)......
.....Yes......
.....(insert county name)..... cemetery district No. .....(insert number)......
.....No......"
((and shall specify the names of the candidates nominated for election as the first cemetery district commissioners with appropriate space to vote for the same.))
Sec. 79. RCW 68.52.220 and 1990 c 259 s 33 are each amended to read as follows:
The affairs of the district shall be managed by a board of cemetery district commissioners composed of three ((qualified registered voters of the district)) members. Members of the board shall receive no compensation for their services, but shall receive expenses necessarily incurred in attending meetings of the board or when otherwise engaged in district business. The board shall fix the compensation to be paid the secretary and other employees of the district. ((The first three cemetery district commissioners shall serve only until the first day in January following the next general election, provided such election occurs thirty or more days after the formation of the district, and until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. At the next general district election, as provided in RCW 29.13.020, provided it occurs thirty or more days after the formation of the district, three members of the board of cemetery commissioners shall be chosen. They and all subsequently elected cemetery commissioners shall have the same qualifications as required of the first three cemetery commissioners and)) Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW. ((The candidate receiving the highest number of votes shall serve for a term of six years beginning on the first day in January following; the candidate receiving the next higher number of votes shall serve for a term of four years from the date; and the candidate receiving the next higher number of votes shall serve for a term of two years from the date. Upon the expiration of their respective terms, all cemetery commissioners shall be elected for terms of six years to begin on the first day in January next succeeding the day of election and shall serve until their successors have been elected and qualified and assume office in accordance with RCW 29.04.170. Elections shall be called, noticed, conducted and canvassed and in the same manner and by the same officials as provided for general county elections.))
The initial cemetery district commissioners shall assume office immediately upon their election and qualification. Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall assume office immediately after they are elected and qualified but their terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided in RCW 29.04.170.
The polling places for a cemetery district election ((shall be those of the county voting precincts which include any of the territory within the cemetery district, and)) may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the cemetery district is located, and no such election shall be held irregular or void on that account.
Sec. 80. RCW 70.44.040 and 1990 c 259 s 39 are each amended to read as follows:
(1) The provisions of Title 29 RCW relating to elections shall govern public hospital districts, except ((that: (1))) as provided in this chapter.
A public hospital district shall be created when the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters of the proposed district voting on the proposition and the total vote cast upon the proposition ((to form a hospital district shall)) exceeds forty percent of the total number of votes cast in the ((precincts comprising the)) proposed district at the preceding state general ((and county)) election((; and (2) hospital district commissioners shall hold office for the term of six years and until their successors are elected and qualified, each term to commence on the first day in January following the election)).
At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected ((to hold office, respectively, for the terms of two, four, and six years. All candidates shall be voted upon by the entire district, and the candidate residing in commissioner district No. 1 receiving the highest number of votes in the hospital district shall hold office for the term of six years; the candidate residing in commissioner district No. 2 receiving the highest number of votes in the hospital district shall hold office for the term of four years; and the candidate residing in commissioner district No. 3 receiving the highest number of votes in the hospital district shall hold office for the term of two years. The first commissioners to be elected shall take office immediately when qualified in accordance with RCW 29.01.135. Each term of the initial commissioners shall date from the time above specified following the organizational election, but shall also include the period intervening between the organizational election and the first day of January following the next district general election: PROVIDED, That in public hospital districts encompassing portions of more than one county, the total vote cast upon the proposition to form the district shall exceed forty percent of the total number of votes cast in each portion of each county lying within the proposed district at the next preceding general county election. The portion of the proposed district located within each county shall constitute a separate commissioner district. There shall be three district commissioners whose terms shall be six years. Each district shall be designated by the name of the county in which it is located. All candidates for commissioners shall be voted upon by the entire district. Not more than one commissioner shall reside in any one district: PROVIDED FURTHER, That in the event there are only two districts then two commissioners may reside in one district. The term of each commissioner shall commence on the first day in January in each year following his election. At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected to hold office, respectively, for the terms of two, four, and six years. The candidate receiving the highest number of votes within the district, as constituted by the election, shall serve a term of six years; the candidate receiving the next highest number of votes shall hold office for a term of four years; and the candidate receiving the next highest number of votes shall hold office for a term of two years: PROVIDED FURTHER, That the holding of each such term of office shall be subject to the residential requirements for district commissioners hereinbefore set forth in this section)). The election of the initial commissioners shall be null and void if the district is not authorized to be created.
No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. The terms of office of the initial public hospital district commissioners shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election. The term of office of each successor shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(2) Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public hospital district may vote at a general election to elect a person as a commissioner of the commissioner district.
If the proposed public hospital district is county-wide, and the county has three county legislative authority districts, the county legislative authority districts shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county in which all or the largest portion of the proposed public hospital district is located shall draw the initial three public hospital district commissioner districts, each of which shall constitute as nearly as possible one-third of the total population of the proposed public hospital district and number the districts one, two, and three. Each of the three commissioner positions shall be numbered one through three and associated with the district of the same number.
The public hospital district commissioners may redraw commissioner districts, if the public hospital district has boundaries that are not coterminous with the boundaries of a county with three county legislative authority districts, so that each district comprises as nearly as possible one-third of the total population of the public hospital district. The commissioners of a public hospital district that is not coterminous with the boundaries of a county that has three county legislative authority districts shall redraw hospital district commissioner boundaries as provided in chapter 29.70 RCW.
Sec. 81. RCW 70.44.045 and 1982 c 84 s 13 are each amended to read as follows:
A vacancy in the office of commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of felony,)) nonattendance at meetings of the commission for sixty days, unless excused by the commission((, by any statutory disqualification, by any permanent disability preventing the proper discharge of his duty, or by creation of positions pursuant to RCW 70.44.051, et seq)). A vacancy ((or vacancies on the board)) shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners as provided by RCW 70.44.040: PROVIDED, That if there is only one remaining commissioner, one vacancy shall be filled by appointment by the remaining commissioner and the remaining vacancy or vacancies shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners: PROVIDED FURTHER, That if there is a vacancy of the entire board, a new board may be appointed by the board of county commissioners or county council)) as provided in chapter 42.12 RCW.
Sec. 82. RCW 70.44.053 and 1967 c 77 s 2 are each amended to read as follows:
At any general or special election which may be called for that purpose the board of public hospital district commissioners may, or on petition of ten percent of the ((electors)) voters based on the total vote cast in the last district general election in the public hospital district shall, by resolution, submit to the voters of the district the proposition increasing the number of commissioners to ((any number authorized in RCW 70.44.051)) either five or seven members. The petition or resolution shall specify whether it is proposed to increase the number of commissioners to either five or seven members.
If the voters of the district approve the ballot proposition authorizing the increase in the number of commissioners to either five or seven members, the board of commissioners shall redistrict the public hospital district into the appropriate number of commissioner districts. The additional commissioners shall be elected from commissioner districts in which no existing commissioner resides at the next state general election occurring one hundred twenty days or more after the date of the election at which the voters of the district approved the ballot proposition authorizing the increase in the number of commissioners. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the candidate receiving the greatest number of votes for each position shall be elected. Except for the initial terms of office, persons elected to each of these additional commissioner positions shall be elected to a six-year term.
Where the number of commissioners is increased from three to five, the initial terms of the two new commissioners shall be staggered so that the person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term if the election is held in an even-numbered year, and the other person elected shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term if the election is held in an even-numbered year. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Where the number of commissioners is increased from three or five to seven, the county auditor of the county in which all or the largest portion of the hospital district is located shall cause the initial terms of office of the additional commissioners to be staggered over the next three district general elections so that two commissioners would normally be elected at the first district general election following the election where the additional commissioners are elected, two commissioners are normally elected at the second district general election after the election of the additional commissioners, and three commissioners are normally elected at the third district general election following the election of the additional commissioners. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Sec. 83. RCW 70.77.177 and 1984 c 249 s 6 are each amended to read as follows:
"Local fire official" means the chief of a local fire department or ((fire protection district,)) a chief fire protection officer or such other person as may be designated by the governing body of a city((,)) or county((, or district)) to act as a local fire official under this chapter.
NEW SECTION. Sec. 84. A new section is added to chapter 70.77 RCW to read as follows:
"City" means any city or town.
Sec. 85. RCW 70.77.265 and 1984 c 249 s 12 are each amended to read as follows:
The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city((,)) or county((, or fire protection district)).
Sec. 86. RCW 70.77.270 and 1984 c 249 s 13 are each amended to read as follows:
The governing body of a city((,)) or county((, or fire protection district)) may grant or deny an application for a permit under RCW 70.77.260(1). The governing body may place reasonable conditions on any permit it issues.
Sec. 87. RCW 70.77.280 and 1984 c 249 s 14 are each amended to read as follows:
The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city((,)) or county((, or fire protection district)). The governing body may grant or deny the application and may place reasonable conditions on any permit it issues.
Sec. 88. RCW 70.77.355 and 1986 c 266 s 105 are each amended to read as follows:
(1) Any adult person may secure a general license from the director of community development, through the director of fire protection, for the public display of fireworks within the state of Washington. A general license is subject to the provisions of this chapter relative to the securing of local permits for the public display of fireworks in any city((,)) or county((, or fire protection district)), except that in lieu of filing the bond or certificate of public liability insurance with the appropriate local official under RCW 70.77.260 as required in RCW 70.77.285, the same bond or certificate shall be filed with the director of community development, through the director of fire protection. The bond or certificate of insurance for a general license in addition shall provide that: (a) The insurer will not cancel the insured's coverage without fifteen days prior written notice to the director of community development, through the director of fire protection; (b) the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the state of Washington, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned; and (c) the state is not responsible for any premium or assessments on the policy.
(2) The director of community development, through the director of fire protection, may issue such general licenses. The holder of a general license shall file a certificate from the director of community development, through the director of fire protection, evidencing the license with any application for a local permit for the public display of fireworks under RCW 70.77.260.
Sec. 89. RCW 70.77.450 and 1986 c 266 s 113 are each amended to read as follows:
The director of community development, through the director of fire protection, may make an examination of the books and records of any licensee, or other person relative to fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of enforcing the provisions of this chapter. The licensee, owner, lessee, manager, or operator of any such building or premises shall permit the director of community development, through the director of fire protection, his or her deputies((, his or her)) or salaried assistants ((and the chief of any city or county fire department or fire protection district)), the local fire official, and their authorized representatives to enter and inspect the premises at the time and for the purpose stated in this section.
Sec. 90. RCW 70.95A.030 and 1973 c 132 s 4 are each amended to read as follows:
In addition to any other powers which it may now have, each municipality shall have the following powers:
(1) To acquire, whether by construction, purchase, devise, gift or lease, or any one or more of such methods, one or more facilities which shall be located within, or partially within the municipality. Each facility must have a separate value to the municipality beyond its potential use to an entity that has leased the facility from the municipality;
(2) To lease, lease with option to purchase, sell or sell by installment sale, any or all of the facilities upon such terms and conditions as the governing body may deem advisable but which shall ((at least)) more than fully reimburse the municipality for all debt service on any bonds issued to finance the facilities and for all costs incurred by the municipality in financing and operating the facilities and as shall not conflict with the provisions of this chapter. The term of each lease must be less than the term of the municipality's ownership in the leased facility by at least one month;
(3) To issue revenue bonds for the purpose of defraying the cost of acquiring or improving any facility or facilities or refunding any bonds issued for such purpose and to secure the payment of such bonds as provided in this chapter. Revenue bonds may be issued in one or more series or issues where deemed advisable, and each such series or issue may have the same or different maturity dates, interest rates, priorities on revenues available for payment of such bonds and priorities on security available for assuring payment thereof, and such other differing terms and conditions as are deemed necessary and are not in conflict with the provisions of this chapter.
Sec. 91. RCW 70.95A.060 and 1973 c 132 s 7 are each amended to read as follows:
Prior to the issuance of the bonds authorized by this chapter, the municipality may lease the facilities to a lessee or lessees under an agreement providing for payment to the municipality of such rentals as will be more than sufficient (a) to pay the principal of and interest on the bonds issued to finance the facilities, (b) to pay the taxes on the facilities, (c) to build up and maintain any reserves deemed by the governing body to be advisable in connection therewith, and (d) unless the agreement of lease obligates the lessees to pay for the maintenance and insurance of the facilities, to pay the costs of maintaining the facilities in good repair and keeping the same properly insured. Subject to the limitations of this chapter, the lease or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties((, and)). The term of the lease must be less than the term of the municipality's ownership in the leased facility by at least one month. Notwithstanding any other provisions of law relating to the sale of property owned by municipalities, such lease may contain an option for the lessees to purchase the facilities on such terms and conditions with or without consideration as may be mutually acceptable to the parties.
Sec. 92. RCW 84.09.030 and 1989 c 378 s 8 and 1989 c 217 s 1 are each reenacted and amended to read as follows:
Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of March of the year in which the property tax levy is made.
The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:
(1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March;
(2) Boundaries for a newly incorporated port district shall be established on the first day of October if the boundaries of the newly incorporated port district are coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;
(3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year.
The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year. However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area. In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, said instrument shall be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.
(4) The boundaries of a newly incorporated water district formed as a result of a special election held in March shall be established as of the first day of June next following the election.
No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.
NEW SECTION. Sec. 93. A new section is added to chapter 84.52 RCW to read as follows:
(1) Annually, at the time required by law for the levying of taxes for county purposes, the proper county officers required by law to make and enter such tax levies shall make and enter a tax levy or levies as follows:
(a) A levy upon all of the taxable property within the county for the amount of all taxes levied by the county for county or state purposes that were:
(i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or
(ii) Not collected because of changes made after final certification of the assessment roll.
(b) A levy upon all of the taxable property of each taxing district within the county for the amount of all taxes levied by the county for the purposes of such taxing district that were:
(i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or
(ii) Not collected because of changes made after final certification of the assessment roll.
(2) For purposes of this section, "changes" means increases or decreases in assessed value of property resulting from an error or final adjustments made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction, including changes reflecting settlements of proceedings in such board or court. "Changes" does not include changes in assessed value of property resulting from actions brought to recover taxes under RCW 84.68.020.
Sec. 94. RCW 84.36.381 and 1992 c 187 s 1 are each amended to read as follows:
A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of January 1st of the year for which the exemption is claimed: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied ((or if));
(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the preceding year by reason of the death of the person's spouse, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse by twelve.
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-six thousand dollars or less shall be exempt from all excess property taxes; and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.
NEW SECTION. Sec. 95. Section 93 of this act is effective for taxes levied for collection in 1993 and thereafter.
Sec. 96. RCW 54.16.030 and 1955 c 390 s 4 are each amended to read as follows:
A district may construct, purchase, condemn and purchase, acquire, add to, maintain, conduct, and operate water works and irrigation plants and systems, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof, and any other persons including public and private corporations within or without its limits, with an ample supply of water for all purposes, public and private, including water power, domestic use, and irrigation, with full and exclusive authority to sell and regulate and control the use, distribution, and price thereof. The district may exercise all powers granted to water districts pursuant to chapter 57.08 RCW that are not inconsistent with the express provisions of this title.
NEW SECTION. Sec. 97. A new section is added to chapter 35.21 RCW to read as follows:
The council of a city or town that has territory included in two counties may adopt an ordinance creating an urban emergency medical service district in all of the portion of the city or town that is located in one of the two counties if: (1) The county in which the urban emergency medical service district is located does not impose an emergency medical service levy authorized under RCW 84.52.069; and (2) the other county in which the city or town is located does impose an emergency medical service levy authorized under RCW 84.52.069. The ordinance creating the district may only be adopted after a public hearing has been held on the creation of the district and the council makes a finding that it is in the public interest to create the district. The members of the city or town council, acting in an ex officio capacity and independently, shall compose the governing body of the urban emergency medical service district. The voters of an urban emergency medical service district shall be all registered voters residing within the urban emergency medical service district.
An urban emergency medical service district shall be a quasi- municipal corporation and an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution. Urban emergency medical service districts shall also be "taxing authorities" within the meaning of Article VII, section 2 of the state Constitution.
An urban emergency medical service district shall have the authority to contract under chapter 39.34 RCW with a county, city, town, fire protection district, public hospital district, or emergency medical service district to have emergency medical services provided within its boundaries.
Territory located in the same county as an urban emergency medical service district that is annexed by the city or town shall automatically be annexed to the urban emergency medical service district.
Sec. 98. RCW 84.52.069 and 1991 c 175 s 1 are each amended to read as follows:
(1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.
(2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total ((votes cast)) number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111.
(3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.
(4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.
(5) The tax levy authorized in this section is in addition to the tax levy authorized in RCW 84.52.043.
(6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.
(7) No taxing district may levy under this section more than twenty-five cents per thousand dollars of assessed value of property if reductions under RCW 84.52.010(2) are made for the year within the boundaries of the taxing district.
Sec. 99. RCW 53.12.010 and 1992 c 146 s 1 are each amended to read as follows:
The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members. Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into ((three)) the same number of commissioner districts as there are commissioner positions, each having approximately equal population. Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port ((district)) commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the ((petition proposing the formation of such a)) port commission shall divide the port district ((shall describe three)) into commissioner districts ((each having approximately the same population and)) unless the commissioner districts have been described pursuant to section 101 of this act. The commissioner districts shall be altered as provided in chapter 53.16 RCW.
Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only the voters of a commissioner district may vote at a primary ((election)) to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.
((In port districts having additional commissioners as authorized by RCW 53.12.120, 53.12.130, and 53.12.115, the powers of the port district shall be exercised through a port commission consisting of five members constituted as provided therein.))
NEW SECTION. Sec. 100. A new section is added to chapter 53.12 RCW to read as follows:
Any less than county-wide port district that uses commissioner districts may cease using commissioner districts as provided in this section.
The commissioners of a less than county-wide port district that is divided into commissioner districts may adopt a resolution eliminating the use of commissioner districts in the port district. A copy of the resolution shall be transmitted to the county auditor. Commissioner districts shall not be used in that port district commencing at the next district election occurring one hundred twenty or more days after the county auditor receives a copy of the resolution.
A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a less than county-wide port district that is divided into commissioner districts if a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election. The port commission shall transfer the petition immediately to the county auditor who shall review the signatures and certify its sufficiency. A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted. If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections. The port commission may adopt a resolution eliminating the use of commissioner districts in lieu of having the ballot proposition submitted to district voters.
NEW SECTION. Sec. 101. A new section is added to chapter 53.04 RCW to read as follows:
Three commissioner districts, each with approximately the same population, shall be described in the petition proposing the creation of a port district under RCW 53.04.020, if the process to create the port district was initiated by voter petition, or shall be described by the county legislative authority, if the process to initiate the creation of the port district was by action of the county legislative authority. However, commissioner districts shall not be described if the commissioner districts of the proposed port district shall be the same as the county legislative authority districts.
The initial port commissioners shall be elected as provided in RCW 53.12.172.
Sec. 102. RCW 53.04.023 and 1992 c 147 s 2 are each amended to read as follows:
A less than county-wide port district with an assessed valuation of at least seventy-five million dollars may be created in a county ((bordering on saltwater)) that already has a less than county-wide port district located within its boundaries. Except as provided in this section, such a port district shall be created in accordance with the procedure to create a county-wide port district.
The effort to create such a port district is initiated by the filing of a petition with the county auditor calling for the creation of such a port district, describing the boundaries of the proposed port district, designating either three or five commissioner positions, describing commissioner districts if the petitioners propose that the commissioners represent districts, and providing a name for the proposed port district. The petition must be signed by voters residing within the proposed port district equal in number to at least ten percent of such voters who voted at the last county general election.
A public hearing on creation of the proposed port district shall be held by the county legislative authority if the county auditor certifies that the petition contained sufficient valid signatures. Notice of the public hearing must be published in the county's official newspaper at least ten days prior to the date of the public hearing. After taking testimony, the county legislative authority may make changes in the boundaries of the proposed port district if it finds that such changes are in the public interest and shall determine if the creation of the port district is in the public interest. No area may be added to the boundaries unless a subsequent public hearing is held on the proposed port district.
The county legislative authority shall submit a ballot proposition authorizing the creation of the proposed port district to the voters of the proposed port district, at any special election date provided in RCW 29.13.020, if it finds the creation of the port district to be in the public interest.
The port district shall be created if a majority of the voters voting on the ballot proposition favor the creation of the port district. The initial port commissioners shall be elected at the same election, from districts or at large, as provided in the petition initiating the creation of the port district. The election shall be otherwise conducted as provided in RCW ((53.12.050)) 53.12.172, but the election of commissioners shall be null and void if the port district is not created. ((Commissioner districts shall not be used in the initial election of the port commissioners.))
This section shall expire July 1, 1997.
Sec. 103. RCW 53.12.172 and 1992 c 146 s 2 are each reenacted and amended to read as follows:
(1) In every port district the term of office of each port commissioner shall be four years in each port district that is county-wide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(2) The initial port commissioners shall be elected at the same election as when the ballot proposition is submitted to voters authorizing the creation of the port district. If the port district is created the persons elected at this election shall serve as the initial port commission. No primary shall be held. The person receiving the greatest number of votes for commissioner from each commissioner district shall be elected as the commissioner of that district.
(3) The terms of office of the initial port commissioners shall be staggered as follows in a port district that is county-wide with a population of one hundred thousand or more: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (((2))) (b) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(4) The terms of office of the initial port commissioners in all other port districts shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or to a five-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or to a three-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(5) The initial port commissioners shall take office immediately after being elected and qualified, but the length of their terms shall be calculated from the first day in January in the year following their elections.
Sec. 104. RCW 53.12.115 and 1992 c 146 s 7 are each amended to read as follows:
A ballot proposition shall be submitted to the voters of any port district authorizing an increase in the number of port commissioners to five whenever the port commission adopts a resolution proposing the increase in number of port commissioners or a petition ((requesting)) proposing such an increase has been submitted to the county auditor of the county in which the port district is located that has been signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election. The ballot proposition shall be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted.
At the next general or special election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.
Sec. 105. RCW 53.12.120 and 1992 c 146 s 8 are each amended to read as follows:
When the population of a port district that has three commissioners reaches five hundred thousand, in accordance with the latest United States regular or special census or with the official state population estimate, there shall be submitted to the voters of the district, at the next district general election or at a special port election called for that purpose, the proposition of increasing the number of commissioners to five. ((At any general election thereafter, the same proposition may be submitted by resolution of the port commissioners, by filing a certified copy of the resolution with the county auditor at least four months prior to the general election. If the proposition is approved by the voters, the commission in that port district shall consist of five commissioners.))
At the next district general election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.
Sec. 106. RCW 53.12.130 and 1992 c 146 s 9 are each amended to read as follows:
Two additional port commissioners shall be elected at the next district general election following the election at which voters authorized the increase in port commissioners to five members. ((The two additional positions shall be numbered positions four and five.))
The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the two additional commissioners shall be elected. The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected from commissioner districts four and five at the general election. The persons ((receiving the highest number of votes for each position shall be elected to that position and)) elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.
In a port district where commissioners are elected to four-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a four-year term of office and the other additional commissioner thus elected shall be elected to a term of office of two years, if the election ((were)) is held in an odd-numbered year, or the additional commissioner thus elected receiving the highest number of votes shall be elected to a term of office of three years and the other shall be elected to a term of office of one year, if the election ((were)) is held in an even-numbered year. In a port district where the commissioners are elected to six-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a six-year term of office and the other additional commissioner shall be elected to a four-year term of office, if the election is held in an odd-numbered year, or the additional commissioner receiving the highest number of votes shall be elected to a term of office of five-years and the other shall be elected to a three-year term of office, if the election is held in an even-numbered year. The length of terms of office shall be computed from the first day of January in the year following this election.
((A successor to a commissioner holding position four or five whose term is about to expire, shall be elected at the general election next preceding such expiration, for a)) Successor commissioners from districts four and five shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners of that port district are elected. ((Positions four and five shall not be associated with a commissioner district and the elections to both nominate candidates for those positions and elect commissioners for these positions shall be held on a port district-wide basis.))
Sec. 107. RCW 53.12.175 and 1992 c 146 s 3 are each amended to read as follows:
A ballot proposition to reduce the terms of office of port commissioners from six years to four years shall be submitted to the voters of any port district that otherwise would have commissioners with six-year terms of office upon either resolution of the port commissioners or petition of voters of the port district proposing the reduction in terms of office, which petition has been signed by voters of the port district equal in number to at least ten percent of the number of voters in the port district voting at the last ((district)) general election. The petition shall be submitted to the county auditor. If the petition was signed by sufficient valid signatures, the ballot proposition shall be submitted at the next ((district)) general or special election that occurs sixty or more days after the adoption of the resolution or submission of the petition.
If the ballot proposition reducing the terms of office of port commissioners is approved by a simple majority vote of the voters voting on the proposition, the commissioner or commissioners who are elected at that election shall be elected to four-year terms of office. The terms of office of the other commissioners shall not be reduced, but each successor shall be elected to a four-year term of office.
Sec. 108. RCW 53.16.015 and 1992 c 146 s 10 are each amended to read as follows:
((In a port district that is not coterminous with a county that has three county legislative authority districts and that has port commissioner districts,)) The port commission of a port district that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29.70 RCW at any time and submit the redrawn boundaries to the county auditor if the port district is not coterminous with a county that has the same number of county legislative authority districts as the port has port commissioners. The new commissioner districts shall be used at the next election at which a port commissioner is regularly elected that occurs at least one hundred eighty days after the redrawn boundaries have been submitted. Each commissioner district shall encompass as nearly as possible ((one-third of the population of the port district)) the same population.
NEW SECTION. Sec. 109. The following acts or parts of acts are each repealed:
(1) RCW 35.23.070 and 1965 c 7 s 35.23.070;
(2) RCW 35.24.070 and 1965 c 7 s 35.24.070;
(3) RCW 35.27.110 and 1965 c 7 s 35.27.110;
(4) RCW 35.61.060 and 1985 c 416 s 2 & 1965 c 7 s 35.61.069;
(5) RCW 35.61.070 and 1965 c 7 s 35.61.070;
(6) RCW 35.61.080 and 1965 c 7 s 35.61.080;
(7) RCW 35A.02.001 and 1989 c 84 s 35;
(8) RCW 35A.02.100 and 1967 ex.s. c 119 s 35A.02.100;
(9) RCW 35A.02.110 and 1979 ex.s. c 18 s 9 & 1967 ex.s. c 119 s 35A.02.110;
(10) RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060;
(11) RCW 35A.15.030 and 1967 ex.s. c 119 s 35A.15.030;
(12) RCW 35A.16.020 and 1967 ex.s. c 119 s 35A.16.020;
(13) RCW 35A.29.010 and 1967 ex.s. c 119 s 35A.29.010;
(14) RCW 35A.29.020 and 1967 ex.s. c 119 s 35A.29.020;
(15) RCW 35A.29.030 and 1967 ex.s. c 119 s 35A.29.030;
(16) RCW 35A.29.040 and 1967 ex.s. c 119 s 35A.29.040;
(17) RCW 35A.29.050 and 1967 ex.s. c 119 s 35A.29.050;
(18) RCW 35A.29.060 and 1967 ex.s. c 119 s 35A.29.060;
(19) RCW 35A.29.070 and 1967 ex.s. c 119 s 35A.29.070;
(20) RCW 35A.29.080 and 1967 ex.s. c 119 s 35A.29.080;
(21) RCW 35A.29.090 and 1986 c 234 s 32 & 1985 c 281 s 27;
(22) RCW 35A.29.100 and 1967 ex.s. c 119 s 35A.29.100;
(23) RCW 35A.29.105 and 1990 c 59 s 106 & 1967 ex.s. c 119 s 35A.29.105;
(24) RCW 35A.29.110 and 1990 c 59 s 107, 1986 c 167 s 21, 1979 ex.s. c 18 s 30, 1970 ex.s. c 52 s 4, & 1967 ex.s. c 119 s 35A.29.110;
(25) RCW 35A.29.140 and 1967 ex.s. c 119 s 35A.29.140;
(26) RCW 35A.29.150 and 1970 ex.s. c 52 s 5 & 1967 ex.s. c 119 s 35A.29.150;
(27) RCW 36.54.080 and 1973 1st ex.s. c 195 s 36 & 1963 c 4 s 36.54.080;
(28) RCW 36.54.090 and 1963 c 4 s 36.54.090;
(29) RCW 36.54.100 and 1963 c 4 s 36.54.100;
(30) RCW 36.69.060 and 1963 c 4 s 36.69.060;
(31) RCW 44.70.010 and 1987 c 298 s 7;
(32) RCW 53.12.047 and 1992 c 146 s 6;
(33) RCW 53.12.150 and 1990 c 40 s 1, 1985 c 87 s 1, 1983 c 11 s 1, 1959 c 175 s 8, & 1959 c 17 s 8;
(34) RCW 57.02.060 and 1982 1st ex.s. c 17 s 6;
(35) RCW 68.52.240 and 1947 c 6 s 16;
(36) RCW 70.44.051 and 1967 c 77 s 1;
(37) RCW 70.44.055 and 1967 c 77 s 3; and
(38) RCW 70.44.057 and 1967 c 77 s 4.
NEW SECTION. Sec. 110. Sections 40 and 92 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 "government;" strike the remainder of the title and insert "amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.050, 29.15.120, 29.15.150, 29.15.160, 29.15.170, 29.15.200, 29.21.015, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 36.105.010, 36.105.020, 36.105.030, 52.14.010, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.070, 56.12.020, 56.12.030, 57.02.050, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, 70.44.053, 70.77.177, 70.77.265, 70.77.270, 70.77.280, 70.77.355, 70.77.450, 70.95A.030, 70.95A.060, 84.36.381, 54.16.030, 84.52.069, 53.12.010, 53.04.023, 53.12.115, 53.12.120, 53.12.130, 53.12.175, and 53.16.015; reenacting and amending RCW 84.09.030 and 53.12.172; adding a new section to chapter 42.12 RCW; adding new sections to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; adding a new section to chapter 70.77 RCW; adding a new section to chapter 84.52 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 53.12 RCW; adding a new section to chapter 53.04 RCW; creating a new section; repealing RCW 35.23.070, 35.24.070, 35.27.110, 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved that the House refuse to concur in the Senate amendments to Engrossed Substitute House Bill No. 1464 and ask the Senate to recede therefrom. The motion was carried.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has receded from its amendments to page 1, line 14 and the amendment to page 1, line 2 of the title (S-2750.1) to HOUSE BILL NO. 2028 and passed the bill with the remaining amendments to page 1, line 7 and 14 (S-2711.1) and page 1, after line 14 and page 1, line 3 of the title (S-2751.1), and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Valle moved that the House do concur in the Senate amendments to House Bill No. 2028 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. 2028 as amended by the Senate.
Representatives Valle and Silver spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2028, as amended by the Senate,, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer, Schmidt, Scott and Thomas - 4.
House Bill No. 2028, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 23, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 5251 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Holm moved that the House recede from its position and pass Senate Bill No. 5251 without the House amendments. The motion was carried.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5251 without the House amendments.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5251 without the House amendments, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Dyer, Schmidt and Thomas - 3.
Senate Bill No. 5251, without the House amendments, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 5638 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Rust moved the House recede from its position and now pass Senate Bill No. 5638 without the House amendments.
Representative Vance demanded an electronic roll call vote and the demand was sustained.
Representative Rust spoke in favor of the motion and Representatives Padden, Vance and Forner spoke against it.
ROLL CALL
The Clerk called the roll on the motion to recede from the House position on Senate Bill No. 5638 and the motion was adopted by the following vote: Yeas - 51, Nays - 44, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Kessler, King, Kohl, J., Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 51.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Edmondson, Eide, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Johanson, Karahalios, Kremen, Lemmon, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 44.
Excused: Representatives Dyer, Schmidt and Thomas - 3.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5638 without the House amendments.
Representatives Rust and Forner spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5638 without the House amendments, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Dyer, Schmidt and Thomas - 3.
Senate Bill No. 5638, without the House amendments, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate refuses to grant the request of the House for a conference on SENATE BILL NO. 5851, insists on its position and again asks the House to recede therefrom, and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Anderson moved that the House recede from its position and pass Senate Bill No. 5851 without the House amendments. The motion was carried.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5851 without the House amendments.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5851 without the House amendments, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Dyer, Schmidt and Thomas - 3.
Senate Bill No. 5851, without the House amendments, having received the constitutional majority, was declared passed.
CONFERENCE COMMITTEE REPORT
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5407, regarding county administration of agricultural burning permits, have had the same under consideration and we recommend that the House Environmental Affairs Committee Striking Amendment be adopted with the following change:
On page 3, line 18 of the committee striking amendment, strike section 2 and insert:
"Sec. 2. RCW 70.94.654 and 1991 c 199 s 409 are each amended to read as follows:
Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district ((which is outside the jurisdictional boundaries of an activated air pollution control authority)) is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon ((its)) finding that the fire protection agency, county, or conservation district is not effectively administering the permit program."
and that the bill do pass as recommended by the Conference Committee.
Signed By Senators Fraser, Barr, Loveland; Representatives Rust, L. Johnson, Horn.
MOTION
Representative Rust moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 5407 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY CONFERENCE COMMITTEE
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5407 as recommended by the Conference Committee.
Representatives Rust and Horn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5407, as recommended by the Conference Committee, 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Dyer and Thomas - 2.
Substitute Senate Bill No. 5407, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate refuses to grant the request of the House for a Conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493, insists on its position regarding its amendments and again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5407 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Wineberry moved the House insist on its position on Engrossed Substitute House Bill No. 1493 and again ask the Senate for a conference thereon. The motion was carried.
MESSAGE FROM THE SENATE
April 24, 1993
Mr. Speaker:
The Senate concurred in the House amendments on page 3, line 32; page 6, line 15 and page 18, line 8 to SENATE BILL NO. 5474. The President has ruled the amendment to page 5, line 34 out of the scope and object of the bill and asks the House to recede therefrom, and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Appelwick moved the House recede from its position and pass Senate Bill No. 5474 without the House amendments to page 5, line 34.
Representative Padden spoke in favor of the motion and it was carried.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5474 without the House amendment.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5474, without the House amendment, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, 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, 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, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Absent: Representative Mastin - 1.
Excused: Representatives Dyer and Thomas - 2.
Senate Bill No. 5474, without the House amendment, having received the constitutional majority, was declared passed.
The House resumed consideration of the second reading calendar.
SECOND READING
MOTION
Representative Sheldon moved that the House immediately consider the following bills in the following order: Substitute Senate Bill No. 5971, Engrossed Senate Bill No. 5978 and Engrossed Substitute Senate Bill No. 5981. The motion was carried.
SUBSTITUTE SENATE BILL NO. 5971, by Senate Committee on Ways & Means (originally sponsored by Senators Pelz, Talmadge and Bauer; by request of Governor Lowry)
Expanding school breakfast and lunch programs.
The bill was read the second time.
Representative Dorn moved adoption of the following amendment by Representative Dorn:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.235.140 and 1989 c 239 s 2 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program.
(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from low-income families.
(2) School districts shall be required to develop and implement plans for a school breakfast program in severe-need schools, pursuant to the schedule in this section. For the second year prior to the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools. In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district.
(3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows:
(a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1990-91 school year and in each school year thereafter.
(b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter.
(c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter.
(d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.
(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated.
(5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs ((established)) under this section ((shall be supported entirely by federal funds and commodities, charges to students, and other local resources available for this purpose, and)) shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the Constitution.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.235 RCW to read as follows:
State funds received by school districts under this chapter for school breakfast and lunch programs shall be used to support the operating costs of the program, including labor, unless specific appropriations for nonoperating costs are provided.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.235 RCW to read as follows:
(1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.235 RCW to read as follows:
(1) The superintendent of public instruction shall administer funds for the federal summer food service program.
(2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children.
Sec. 5. RCW 28A.235.100 and 1990 c 33 s 245 are each amended to read as follows:
The superintendent of public instruction shall have power to ((promulgate)) adopt rules ((and regulations)) as may be necessary to effectuate the purposes of ((RCW 28A.235.040 through 28A.235.110)) this chapter.
NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."
Representative Fuhrman moved adoption of the following amendment to the amendment:
On page 3, line 17, strike all of Sec. 4.
Representative Fuhrman spoke in favor of adoption of the amendment to the amendment and Representatives G. Cole, Chappell, Leonard and Dorn spoke against it.
Representative Fuhrman again spoke in favor of the amendment.
Representative Kremen demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 3, line 17, of the amendment to Substitute Senate Bill No. 5971 and the amendment was not adopted by the following vote: Yeas - 2, Nays - 94, Absent - 0, Excused - 2.
Voting yea: Representatives Fuhrman and Padden - 2.
Voting nay: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Dyer and Thomas - 2.
The amendment to the amendment was not adopted.
The striking amendment by Representative Dorn was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5971, as amended by the House.
Representatives Dorn and Brough spoke in favor of passage of the bill.
Representative Dorn yielded to a question by Representative Wineberry.
Representative Wineberry: Thank you, Mr. Speaker. Mr. Chairman, does the bill before us allow for school districts to supplant money for meals for kids programs for capital budget projects?
Representative Dorn: No, it does not.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5971, as amended by the House, 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, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Dyer and Thomas - 2.
Substitute Senate Bill No. 5971, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5978, by Senator Rinehart; by request of Office of Financial Management
Modifying disposition of motor vehicle excise tax revenue.
The bill was read the second time.
Representative R. Fisher moved adoption of the following amendment by Representative R. Fisher:
On page 2, line 12, after "July 1," strike "1997" and insert "1995"
On page 2, line 14, after ((1993)) strike "1997" and insert "1995"
Representatives R. Fisher and Schmidt spoke in favor of adoption of the amendment and it was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5978 as amended by the House.
Representative R. Fisher spoke in favor of passage of the bill and Representative Schmidt spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5978, as amended by the House, and the bill passed the House by the following vote: Yeas - 59, Nays - 37, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 59.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Lisk, Long, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Vance, Van Luven and Wood - 37.
Excused: Representatives Dyer and Thomas - 2.
Engrossed Senate Bill No. 5978, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5981, by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Spanel and Rinehart; by request of Office of Financial Management)
Regulating forest lands to maintain a viable forest products industry.
The bill was read the second time.
Representative Pruitt moved adoption of the following amendment by Representative Pruitt:
On page 11, line 9, after "applications" insert "or notifications"
On page 11, line 11, after "dollars for" strike all material through "WAC 222-16-050." on line 12 and insert "class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development."
Representative Pruitt spoke in favor of adoption of the amendment and Representative Morton spoke against it. The amendment was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker ( Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5981 as amended by the House.
Representatives Pruitt and Dunshee spoke in favor of passage of the bill and Representatives Morton and Sheldon spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5981, as amended by the House, and the bill failed to pass the House by the following vote: Yeas - 49, Nays - 48, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Leonard, Linville, Locke, Ludwig, Meyers, R., Miller, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 49.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Johanson, Kessler, Kremen, Lemmon, Lisk, Long, Mastin, Mielke, Morris, Morton, Padden, Rayburn, Reams, Riley, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 48.
Excused: Representative Dyer - 1.
Engrossed Substitute Senate Bill No. 5981, as amended by the House, not having received the constitutional majority, was declared lost.
MOTION FOR RECONSIDERATION
Representative Riley, having voted on the prevailing side, moved that the House immediately reconsider the vote by which Engrossed Substitute Senate Bill No. 5981 failed to pass the House. The motion was carried.
RECONSIDERATION
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5981 on reconsideration as amended by the House.
Representative Pruitt spoke in favor of passage of the bill.
Representative Vance demanded an oral roll call vote on the reconsideration of Engrossed Substitute Senate Bill No. 5981 and the demand was sustained.
MOTION
Representative Sheldon moved further consideration of Engrossed Substitute Senate Bill No. 5981 be deferred and that the bill hold its place on the second reading calendar. The motion was carried.
The Speaker assumed the chair.
With the consent of the House, the House resumed consideration of Engrossed Substitute Senate Bill No. 5981 on reconsideration.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5981 as amended by the House on reconsideration.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute Senate Bill No. 5981, as amended by the House on reconsideration and the bill passed the House by the following vote: Yeas - 55, Nays - 42, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Miller, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 55.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Lisk, Long, Mastin, Mielke, Morris, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 42.
Excused: Representative Dyer - 1.
Engrossed Substitute Senate Bill No. 5981, as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved that the House immediately consider Second Substitute Senate Bill No. 5239. The motion was carried.
SECOND SUBSTITUTE SENATE BILL NO. 5239, by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Prentice, Moyer, Deccio, Talmadge, Hargrove, Winsley, West and Erwin)
Centralizing poison information services.
The bill was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 5239.
Representative Sommers spoke in favor of passage of the bill.
With the consent of the House, Second Substitute Senate Bill No. 5239 was deferred.
MOTION
Representative Sommers moved that the House immediately consider House Bill No. 2135. The motion was carried.
HOUSE BILL NO. 2135, by Representative G. Fisher
Relating to revenue.
The bill was read the second time.
Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 67.28 RCW to read as follows:
(1) The legislative body of any county with a population greater than seventy-five thousand in which is located all or part of a national monument is authorized to levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.
(3) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over the tax to the county as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to the tax imposed under this section.
(4) All taxes levied and collected under this section shall be credited to a special fund in the treasury of the county. The taxes shall only be used for the acquisition, construction, repair, and improvement of a rest area for tourists which includes restrooms, picnic areas, trails and viewpoints, emergency facilities, transient parking facilities, concession and gift sales, and marketing of facilities for tourists visiting the county or the national monument, or to pay or secure the payment of all or any portion of general obligation bonds issued for such purposes. As used in this section, "transient parking facilities" does not include parking spaces to be used for overnight stays.
(5) The tax authorized in subsection (1) of this section may only be imposed if the county and at least one of the two largest cities in the county provide moneys for the project described in subsection (4) of this section from revenue received under RCW 67.28.180 or if the county provides moneys for the project from revenue received under RCW 82.14.030. Moneys provided under this section shall be deposited in the special fund created under subsection (4) of this section and may be used only as provided in subsection (4) of this section.
(6) The department of revenue shall perform the collection of taxes under this section on behalf of the county at no cost to the county.
Sec. 2. RCW 67.28.240 and 1991 c 363 s 140 are each amended to read as follows:
(1) The legislative body of a county that qualified under RCW 67.28.180(2)(b) other than a county with a population of one million or more and the legislative bodies of cities in the qualifying county are each authorized to levy and collect a special excise tax of ((two)) three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) No city may impose the special excise tax authorized in subsection (1) of this section during the time the city is imposing the tax under RCW 67.28.180, and no county may impose the special excise tax authorized in subsection (1) of this section until such time as those cities within the county containing at least one-half of the total incorporated population have imposed the tax.
(3) Any county ordinance or resolution adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed under this section upon the same taxable event.
(4) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county or city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.
Sec. 3. RCW 36.100.010 and 1989 1st ex.s. c 8 s 1 are each amended to read as follows:
(1) A public facilities district may be created in any county that has a population of one million or more or in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center, or in any county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument.
(2) A public facilities district that is located in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center or that is located in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument shall be coextensive with the boundaries of the county((.
(2) A public facilities district)) and shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located and the city council of the largest city within such county.
(3) A public facilities district that is located in any county with a population of one million or more shall be created if the councils of at least seven participating cities or towns each adopt a resolution that lists the same cities or towns and provides for the creation of the district. In lieu of a council resolution, the voters of a city or town may approve participation in the district by a petition of ten percent of the registered voters of the city or town, listing the seven cities or towns. The district shall only include the territory in the county located in the participating cities and towns, as they exist when the district is created or as their boundaries may change in the future. At the time of creating the public facilities district, none of the participating cities or towns may have a population in excess of eighty thousand.
(4) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
(((4))) (5) No taxes authorized under subsection (1) or (2) of this ((chapter)) section may be assessed or levied unless a majority of the voters of the public facilities district has validated the creation of the public facilities district at a general or special election.
(((5))) (6) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
Sec. 4. RCW 36.100.020 and 1989 1st ex.s. c 8 s 2 are each amended to read as follows:
(1) A public facilities district in a county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center or that is located in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument shall be governed by a board of directors consisting of five members as follows: (((1))) (a) Two members appointed by the county legislative authority to serve for four-year staggered terms; (((2))) (b) two members appointed by the city council to serve for four-year staggered terms; and (((3))) (c) one person to serve for a four-year term who is selected by the other directors. At least one member shall be representative of the lodging industry in the public facilities district.
One of the initial members appointed by the county legislative authority shall have a term of office of two years and the other initial member appointed by the county legislative authority shall have a term of four years. One of the initial members appointed by the city council shall have a term of two years and the other initial member appointed by the city council shall have a term of four years. Successors shall be appointed to four-year terms of office in the same manner as the original appointees.
(2) A public facilities district in a county with a population of one million or more shall be governed by a board of directors consisting of seven members who are appointed by the county executive, if the county has a home rule charter providing for a county executive, or by the county legislative authority if a county executive does not exist, from a list of nominees submitted by the participating cities and towns. The council of each participating city and town shall nominate three of its elected officials, from among its councilmembers and the mayor.
The appointing authority of the county shall designate terms of office for the appointees, with four appointees being given terms of four years and three of the appointees being given terms of two years. Successors shall be appointed to four-year terms of office in the same manner as the original appointees.
Sec. 5. RCW 36.100.030 and 1989 1st ex.s. c 8 s 3 are each amended to read as follows:
(1) A public facilities district that is located in a county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center is authorized to acquire, construct, own, maintain, and operate a sports and entertainment ((facilities)) facility with contiguous parking facilities and, upon the approval of the voters of the public facilities district, a regional science education facility may be located in any city or county within a public facilities district which has a population of more than one hundred fifty thousand. A public facility district that is located in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument is authorized to acquire, construct, own, maintain, and operate a sports and entertainment facility with contiguous parking facilities. A public facilities district that is located in a county with a population of one million or more is authorized to acquire, construct, own, maintain, and operate facilities for youth and senior citizen programs and activities, including recreational facilities, meeting facilities, and contiguous parking facilities. The facilities must be located within the boundaries of a participating city.
(2) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. The taxes that are provided for in this chapter may only be imposed ((for such purposes)) to finance the facilities that the particular public facilities district is authorized to provide.
Sec. 6. RCW 36.100.040 and 1989 1st ex.s. c 8 s 4 are each amended to read as follows:
A public facilities district may impose an excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than forty lodging units. The rate of the tax in a public facilities district located in a county with a population of less than one million shall not exceed two percent and the proceeds of the tax shall only be used for the acquisition, design, maintenance, and construction of ((sports and entertainment facilities)) the public facilities authorized for the particular district under RCW 36.100.030. The rate of tax in a public facilities district located in a county with a population of one million or more shall not exceed one percent and the proceeds of the tax shall only be used for the acquisition, design, construction, and maintenance of facilities for youth and senior citizen programs and activities. This excise tax shall not be imposed until the district has approved the proposal to acquire, design, and construct any of the public facilities authorized under RCW 36.100.030. In the case of a public facility district in a county with a population of one million or more, this excise tax shall not be imposed unless the tax under section 9 of this act is also imposed.
Sec. 7. RCW 36.100.050 and 1988 ex.s. c 1 s 15 are each amended to read as follows:
(1) A public facilities district in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center or in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within the district for a one-year period to be used for operating or capital purposes whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.
(2) A public facilities district in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center or in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument may provide for the retirement of voter-approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.
Sec. 8. RCW 36.100.060 and 1989 1st ex.s. c 8 s 5 are each amended to read as follows:
(1) To carry out the purpose of this chapter, a public facilities district may issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to ((three-eighths)) three-fourths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A public facilities district additionally may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for ((the sports and entertainment facility)) all public facilities authorized under RCW 36.100.030.
NEW SECTION. Sec. 9. A new section is added to chapter 36.100 RCW to read as follows:
(1) A public facilities district that is located in a county with a population of one million or more may fix and impose an excise tax on all persons engaged in a commercial parking business within its respective jurisdiction, including both public and private entities, or an excise tax on the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business, including both public and private entities. The excise tax shall not exceed a rate of ten percent of the charges imposed on the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business.
The public facilities district may provide that:
(a) The tax is paid by the operator or owner of the motor vehicle;
(b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of nonresidential space;
(c) The tax is collected by the operator of the facility and remitted to the public facilities district;
(d) The tax is a fee per vehicle or is measured by the parking charge;
(e) The tax rate varies with the time of entry or exit, the type or use of the vehicle, or other reasonable factors; and
(f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax.
(2) "Commercial parking business," as used in this section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles.
(3) The rates charged must be uniform for the same class or type of commercial parking business.
(4) The public facilities district levying the tax provided for in subsection (1) of this section may provide for its payment on a monthly, quarterly, or annual basis, and may develop by resolution rules for administering the tax, including provisions for reporting by commercial parking businesses, collection, and enforcement."
Representatives G. Fisher and Edmondson spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
The Speaker called upon Representative R. Meyers to preside.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2135.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2135, and the bill passed the House by the following vote: Yeas - 74, Nays - 23, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Edmondson, Fisher, G., Flemming, Foreman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Mielke, Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Schmidt, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, Valle, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 74.
Voting nay: Representatives Casada, Chandler, Cooke, Dunshee, Eide, Finkbeiner, Fisher, R., Forner, Fuhrman, Heavey, King, Meyers, R., Morton, Padden, Reams, Romero, Rust, Schoesler, Sheahan, Tate, Vance, Van Luven and Wang - 23.
Excused: Representative Dyer - 1.
Engrossed House Bill No. 2135, having received the constitutional majority, was declared passed.
MOTION
Representative Sommers moved that the House immediately consider Senate Bill No. 5977 on the second reading calendar. The motion was carried.
SENATE BILL NO. 5977, by Senator Rinehart; by request of Office of Financial Management
Verifying initiative and referendum petitions.
The bill was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5977.
Representative Sommers spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5977, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, 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, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, 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.
Voting nay: Representative Heavey - 1.
Excused: Representative Dyer - 1.
Senate Bill No. 5977, having received the constitutional majority, was declared passed.
With the consent of the House, the House recessed until 7:00 p.m.
The Speaker called the House to order at 7:00 p.m.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Sommers, the House adjourned until 1:00 p.m., Sunday
April 25, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk