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FIFTY-NINTH DAY

__________


MORNING SESSION


__________


House Chamber, Olympia, Wednesday, March 9, 1994


             The House was called to order at 9:00 a.m. by the Speaker (Representative Kremen presiding). The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Casey Jackson and Katie O'Donnell. Prayer was offered by Representative Ballard.


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


MESSAGE FROM THE SENATE


March 8, 1994


Mr. Speaker:


             The Senate grants the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815. The President has appointed the following members as Conferees; Senators Haugen, Winsley and Drew.

and the same is herewith transmitted.


Marty Brown, Secretary


MESSAGE FROM THE SENATE


March 8, 1994


Mr. Speaker:


             The Senate has passed SUBSTITUTE SENATE BILL NO. 6428, without the House amendment to page 8, line 22 which the House receded from, but with the amendment to page 6, line 29.

and the same is herewith transmitted.


Marty Brown, Secretary


RESOLUTIONS


             HOUSE RESOLUTION NO. 94-4723, by Representative Lisk


             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, The Zillah High School Leopards Boys' Basketball Team exhibited the highest level of excellence in overcoming the competition and winning the Washington State High School Boys' Basketball A Championship in the Tacoma Dome, Tacoma, Washington, on March 5, 1994, by a score of 46 to 45; and

             WHEREAS, The Zillah High School Leopards Boys' Basketball Team demonstrated spirited play and exemplary sportsmanship in achieving this outstanding accomplishment, the school's first Class A Boys' title in any sport; and

             WHEREAS, The Zillah High School Leopards Boys' Basketball Team had a remarkable 1993-94 season team record of twenty-one wins and only two losses, scoring 46% more points than their opponents with a total of 1441 season play points versus their opponents' combined total of 990 points; and

             WHEREAS, The Zillah High School Leopards Boys' Basketball Team had an impressive 1993-94 playoff team record of three wins and no losses, scoring 21% more points than their opponents with a total of 228 playoff play points versus their opponents' combined total of 189 points; and

             WHEREAS, Curtis Cleveringa was named to the Boys' Basketball A Championship All-Tournament's First Team, an extraordinary feat that exemplifies the epitome of a well-rounded and skilled athlete; and

             WHEREAS, The Zillah High School Leopards Head Coach Doug Burge, and Assistant Coaches, Rock Winters and Charlie Carlson, and all the players, Ryan Simmons, Eric Nelson, Craig Pentecost, Kelly Holwegner, Brian Reed, Josh Busey, Justin Jorgensen, Tyler Widner, Curt Cleveringa, Eric Burnes, Scott Tweedy, Ben Delp, and Eli Whitaker, share in the Zillah High School Leopards Boys' Basketball Team's fantastic success by combining outstanding coaching with outstanding playing; and

             WHEREAS, These phenomenal accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and all the fans who backed the orange and black all the way; and

             WHEREAS, The inspiring individual and team achievements of the 1993-94 Zillah High School Leopards Boys' Basketball Team will always be remembered when commemorating their incredible winning year; and

             WHEREAS, The victorious Zillah High School Leopards Boys' 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 1993-94 Zillah High School Leopards Boys' 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 Head Coach Doug Burge, the entire 1993-94 Zillah High School Leopards Boys' Basketball Team, the Superintendent of the Zillah School District, and the Principal of Zillah High School, James Busey.


             Representative Lisk moved adoption of the resolution. Representatives Lisk, Rayburn, Quall and Edmondson spoke in favor of adoption of the resolution.


             House Resolution No. 4723 was adopted.


             HOUSE RESOLUTION NO. 94-4709, by Representatives Brumsickle, Basich, Chappell, Holm, Wolfe and Romero


             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, The Tumwater High School T-Birds Football Team exhibited the highest level of excellence in winning the 1993 Washington State High School Football "AAA" Championship, their first year in "AAA" league play action; and

             WHEREAS, The Tumwater High School T-Birds Football Team have an outstanding record of being the Washington State High School Football "AA" Champions in 1990, 1989, and 1987; and

             WHEREAS, The Tumwater High School T-Birds Football Team have an incredible record of also being in the Washington State High School Football "AA" playoffs in 1992, 1991, 1990, 1989, 1988, 1987, 1986, 1983, 1980, and 1977; and

             WHEREAS, The Tumwater High School T-Birds Football Team have an impressive record of being the "AAA" Greater St. Helens Football League Champions in 1993 and the "AA" Black Hills League Champions in 1992, 1990, 1989, 1988, 1987, 1986, 1977, 1964, and 1963; and

             WHEREAS, The Tumwater High School T-Birds Football Team demonstrated amazing skill and admirable sportsmanship in achieving these outstanding accomplishments; and

             WHEREAS, Head Coach Sid Otton was the Greater St. Helens Football League "Coach of the Year"; and

             WHEREAS, Head Coach Sid Otton and Assistant Coaches Pat Alexander, Steve Shoun, Randy Leeper, Jamie Weeks, Rob Hinkle, Gary Taylor, Merle Nelson, Tim Graham, Greg Hargrove, Charles Camper, and Hildo Rodriguez and all the players led by Team Captains JD Cowan, Ed Marson, Adam Hannukaine, and Jesse Lambert, share in the Tumwater High School T-Birds Football Team's success by combining outstanding coaching with outstanding playing; and

             WHEREAS, All these extraordinary accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and fans who backed them all the way; and

             WHEREAS, The inspiring individual and team achievements of the 1993 Tumwater High School T-Birds Football Team will always be remembered when commemorating their winning year; and

             WHEREAS, The victorious Tumwater High School T-Birds Football 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 Tumwater High School T-Birds Football Team; and

             BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 1993 Tumwater High School T-Birds Football Team Head Coach, Sid Otton, and the Principal of Tumwater High School, Bob Kuehl.


             Representative Brumsickle moved adoption of the resolution. Representatives Brumsickle, Chappell, Romero, Basich, Wolfe and Holm spoke in favor of adoption of the resolution.


             House Resolution No. 4709 was adopted.


             HOUSE RESOLUTION NO. 94-4720, by Representatives Dellwo, Brown, Conway, Thibaudeau, Flemming, Leonard, L. Johnson, Mielke, Brough, Silver, Dyer, J. Kohl and Anderson


             WHEREAS, National attention has focused on the unacceptably high incidence of malnutrition in the elderly; and

             WHEREAS, The United States Senate Committee on Education and Labor has reported that eighty-five percent of older Americans have chronic diseases that could be helped by nutritional interventions; and

             WHEREAS, Research has shown that poor nutrition leads to an impaired immune system, aggravated infections, organ and multi-organ system failure, prolonged hospitalizations, and catastrophic health care costs; and

             WHEREAS, Nutritional status is a basic "vital sign" because illness starts at the cellular level, and food nourishes the body at the cellular level; and

             WHEREAS, Routine nutritional screening and early intervention is essential in order to prevent the devastating results of poor nutrition, lower health care costs, and improve quality of life; and

             WHEREAS, Awareness and understanding of warning signs of poor nutritional health can help individuals take responsibility to reform their eating habits and lifestyles; and

             WHEREAS, Good nutrition helps keep people healthy, active, and independent; and

             WHEREAS, Health care providers need to educate the public regarding risk factors and warning signs of poor nutritional health, and help them take responsibility for improving their eating habits and lifestyles in order to promote health, prevent illness, and reduce health care costs; and

             WHEREAS, The 1988 Surgeon General's Workshop on Health Promotion and Aging and the 1990 Department of Health and Human Services Report "Healthy People 2000" called for a stepped up, coordinated national effort to promote routine nutrition screening and early intervention in America; and

             WHEREAS, The Nutrition Screening Initiative is a direct outgrowth of the government's call which is a multifaceted, multidisciplinary approach to promote routine nutrition screening, early intervention, and better nutritional care into health care practice; and

             WHEREAS, The Nutrition Screening Initiative is a project of the American Academy of Family Physicians, the American Dietetic Association, and the National Council on the Aging, Inc. and is supported by more than twenty-eight key organizations and professionals from the fields of nutrition, medicine, and aging along with a technical advisory committee that plays an important role in guiding the effort; and

             WHEREAS, The goals of the Nutrition Screening Initiative are to: Promote and expand existing quality nutrition screening in the nation's health care system; move to incorporate the widespread use of nutrition screening in health and medical care settings; and expand educational outreach to medical and health care professionals, the public, and policy makers;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives actively promote and support the Nutrition Screening Initiative, its goals and objectives.


             Representative Dellwo moved adoption of the resolution. Representatives Dellwo and Mielke spoke in favor of adoption of the resolution.


             House Resolution No. 4720 was adopted.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The President has signed:


SECOND SUBSTITUTE SENATE BILL NO. 5372,

THIRD SUBSTITUTE SENATE BILL NO. 5918,

and the same are herewith transmitted.


Marty Brown, Secretary


RESOLUTIONS


             HOUSE RESOLUTION NO. 94-4719, by Representatives Jacobsen, Quall, Brumsickle, Sheahan, Brough, Silver, Dyer, Talcott, L. Thomas, J. Kohl and Anderson


             WHEREAS, The students selected for special recognition as Washington Scholars in 1994 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and

             WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and

             WHEREAS, The State of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and

             WHEREAS, Though the Washington Scholars Program, the Governor, the legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and

             BE IT FURTHER RESOLVED, That the teachers and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the chief clerk of the House of Representatives to each of the Washington Scholars selected in 1994.


             Representative Jacobsen moved adoption of the resolution. Representative Jacobsen spoke in favor of adoption of the resolution.


             House Resolution No. 4719 was adopted.


             HOUSE RESOLUTION NO. 94-4703, by Representatives Romero, Wolfe, Jacobsen, Holm and J. Kohl


             WHEREAS, Olympia Federal Savings has generously pledged $10,000 toward the purchase of the Bigelow House, which will help preserve the history of the community and state in which they do business; and

             WHEREAS, Olympia Federal Savings is playing a role in restoring the Bigelow House, built in 1854, into a living history museum; and

             WHEREAS, Olympia Federal Savings significantly aided in the purchase of a home that is listed on the National Register of Historic Places and is one of the oldest frame buildings in Washington; and

             WHEREAS, Olympia Federal Savings has honored the spirits of Daniel Richardson and Ann Elizabeth White Bigelow, renowned pioneers in the creation of the Washington Territory, who built the house; and

             WHEREAS, Olympia Federal Savings has aided in observing the memory of Daniel Bigelow, who was a member of the first Territorial Legislature, a key player in formulating Washington's first education law, and an advocate of equal rights and women's suffrage; and

             WHEREAS, Ann Elizabeth White Bigelow, one of the first teachers in Washington, will also be commemorated as a significant part of Washington's history as a result of Olympia Federal Savings' contribution; and

             WHEREAS, Olympia Federal Savings has played a role in also honoring Suffragist Susan B. Anthony, who visited the house in 1871; and

             WHEREAS, Olympia Federal Savings supported the importance of higher education with their donation, because Daniel Bigelow was instrumental in the founding of one of the first colleges in Washington now known as the University of Puget Sound; and

             WHEREAS, Olympia Federal Savings will play a part in bringing school children and Washington citizens to Olympia and the Bigelow House to learn of their heritage; and

             WHEREAS, Olympia Federal Savings has greatly contributed to bringing Washington state and Olympia history to life;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Olympia Federal Savings for their commitment, dedication, and generosity to the people of Washington; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Olympia Federal Savings.


             Representative Romero moved adoption of the resolution. Representatives Romero and Ogden spoke in favor of adoption of the resolution.


             House Resolution No. 4703 was adopted.


MESSAGE FROM THE SENATE


March 5, 1994


Mr. Speaker:


             The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6007, and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators A. Smith, Schow and Ludwig.

and the same is herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Mastin moved that the House grant the request of the Senate for a conference on Substitute Senate Bill No. 6007. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker (Representative Kremen presiding) appointed Representatives Morris, Mastin and Long as conferees to Substitute Senate Bill No. 6007.


             The Speaker assumed the chair.


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


SECOND SUBSTITUTE HOUSE BILL NO. 1235,

SECOND SUBSTITUTE HOUSE BILL NO. 1457,

SUBSTITUTE HOUSE BILL NO. 1928,

SUBSTITUTE HOUSE BILL NO. 2153,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154,

SUBSTITUTE HOUSE BILL NO. 2167,

SUBSTITUTE HOUSE BILL NO. 2176,

SECOND SUBSTITUTE HOUSE BILL NO. 2210,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2401,

HOUSE BILL NO. 2511,

HOUSE BILL NO. 2593,

HOUSE BILL NO. 2601,

SUBSTITUTE HOUSE BILL NO. 2629,

HOUSE BILL NO. 2743.


MESSAGE FROM THE SENATE


March 7, 1994


Mr. Speaker:


             The Senate refuses to concur in the House amendments to SENATE BILL NO. 6003, and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators A. Smith, L. Smith and Niemi.

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Appelwick moved that the House grant the request of the Senate for a conference on Senate Bill No. 6003. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Appelwick, J. Kohl and Padden as Conferees on Senate Bill No. 6003.


MESSAGE FROM THE SENATE


March 7, 1994


Mr. Speaker:


             The Senate refuses to concur in the House amendments to SENATE BILL NO. 6041, and asks the House to recede therefrom.

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Mastin moved that the House insist on its position regarding the Senate amendments to Senate Bill No. 6041 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Morris, Mastin and Long as Conferees on Senate Bill No. 6041.

             The Speaker declared the House to be at recess until 1:30 p.m..


AFTERNOON SESSION


             The Speaker (Representative J. Kohl presiding) called the House to order at 1:30 p.m.


             The Clerk called the roll and a quorum was present.


             Representative R. Meyers assumed the chair.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted:


HOUSE CONCURRENT RESOLUTION NO. 4437,

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


             There being no objection, the House advanced to the eighth order of business.


RESOLUTION


             HOUSE RESOLUTION NO. 94-4710, by Representatives Brumsickle and Chappell


             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, The Centralia High School Tigers Baseball Team exhibited the highest level of excellence in winning the 1993 Washington State High School Baseball "AA" Championship; and

             WHEREAS, The Centralia High School Tigers Baseball Team players compiled a 13-0 league record and a 19-6 overall record for the 1993 season; and

             WHEREAS, The Centralia High School Tigers Baseball Team demonstrated amazing skill and admirable sportsmanship in achieving this outstanding accomplishment; and

             WHEREAS, Head Coach Randy Elam, and Assistant Coaches Rex Ashmore, Ben McCullough and John Catlett, and all the players, Nate Witt, Scott Krause, Andy Erb, Pete McCullough, Danny Etter, Reggie Stafford, Jeremy Martin, Jeff Herriford, Joey Mano, Jon Barrett, Mike Sutton, Jason Cornwell, Matt Mohney, Lyle Overbay, Ty Fragner, and John Hewitt, share in the Centralia High School Tigers Baseball Team's success by combining outstanding coaching with outstanding playing; and

             WHEREAS, All these extraordinary accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and fans who backed them all the way; and

             WHEREAS, The inspiring individual and team achievements of the 1993 Centralia High School Tigers Baseball Team will always be remembered when commemorating their winning year; and

             WHEREAS, The victorious Centralia High School Tigers Baseball 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 Centralia High School Tigers Baseball Team; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 1993 Centralia High School Tigers Baseball Team Head Coach, Randy Elam, and the Principal of Centralia High School, Ethel Clarke.


             Representative Brumsickle moved adoption of the resolution. Representatives Brumsickle and Chappell spoke in favor of adoption of the resolution.


             House Resolution No. 4710 was adopted.


MESSAGE FROM THE SENATE


March 8, 1994


Mr. Speaker:


             The Senate insists on its position regarding the amendments to HOUSE BILL NO. 2480; and again asks the House to concur therein.

and the same is herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Holm moved that the House insist on its position regarding the Senate amendments to House Bill No. 2480 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker (Representative R. Meyers presiding) appointed Representatives Holm, G. Fisher and Foreman as Conferees on House Bill No. 2480.


MESSAGE FROM THE SENATE


March 8, 1994


Mr. Speaker:


             The Senate refuses to grant the request of the House for a conference on HOUSE BILL NO. 2478, insists on its position regarding the Senate amendments (2478 AAS 3/4/94), and asks the House to concur therein.

and the same is herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Holm moved that the House concur in the Senate amendments to House Bill No. 2478 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. 2478 as amended by the Senate.


             Representative Holm spoke in favor of passage of the bill.


MOTIONS


             On motion of Representative Talcott, Representatives Carlson and Wood were excused.


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


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2478 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 3.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Zellinsky and Mr. Speaker - 94.

             Absent: Representative Wineberry - 1.

             Excused: Representatives Carlson, Quall and Wood - 3.


             House Bill No. 2478, as amended by the Senate, having received the constitutional majority, was declared passed.


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


             The Speaker (Representative R. Meyers presiding) called the House to order.


SENATE AMENDMENTS TO HOUSE BILL


March 1, 1994


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 2488 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 26.09.105 and 1989 c 416 s 1 are each amended to read as follows:

             (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage except as provided in subsection (2) of this section, for any child named in the order if:

             (a) Coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related; and

             (b) The cost of such coverage does not exceed twenty-five percent of the obligated parent's basic child support obligation.

             (2) The court shall consider the best interests of the child and have discretion to order health insurance coverage when entering or modifying a support order under this chapter if the cost of such coverage exceeds twenty-five percent of the obligated parent's basic support obligation.

             (3) The parents shall maintain such coverage required under this section until:

             (a) Further order of the court;

             (b) The child is emancipated, if there is no express language to the contrary in the order; or

             (c) Health insurance is no longer available through the parents' employer or union and no conversion privileges exist to continue coverage following termination of employment.

             (4) A parent who is required to extend health insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.

             (5) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health care costs, or insurance premiums which are in addition to and not inconsistent with this section.

             (6) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order((, or within twenty days of the date such coverage becomes available,)) to:

             (a) The physical custodian; or

             (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.

             (7) Every order requiring a parent to provide health care or insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.

             (8) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.


             Sec. 2. RCW 26.09.120 and 1989 c 360 s 11 are each amended to read as follows:

             (1) The court shall order support payments, including spousal maintenance if child support is ordered, to be made to the Washington state support registry, or the person entitled to receive the payments under an ((alternate payment plan)) order approved by the court as provided in RCW 26.23.050.

             (2) Maintenance payments, when ordered in an action where there is no dependent child, may be ordered to be paid to the person entitled to receive the payments, or the clerk of the court as trustee for remittance to the persons entitled to receive the payments.

             (3) If support or maintenance payments are made to the clerk of court, the clerk:

             (a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order;

             (b) May by local court rule accept only certified funds or cash as payment; and

             (c) Shall accept only certified funds or cash for five years in all cases after one check has been returned for nonsufficient funds or account closure.

             (4) The parties affected by the order shall inform the registry through which the payments are ordered to be paid of any change of address or of other conditions that may affect the administration of the order.


             Sec. 3. RCW 26.18.070 and 1993 c 426 s 6 are each amended to read as follows:

             (1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is:

             (a) Subject to a support order allowing immediate income withholding; or

             (b) More than fifteen days past due in child support or spousal maintenance payments in an amount equal to or greater than the obligation payable for one month.

             (2) The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

             (a) That the obligor, stating his or her name and residence, is:

             (i) Subject to a support order allowing immediate income withholding; or

             (ii) More than fifteen days past due in child support or spousal maintenance payments in an amount equal to or greater than the obligation payable for one month;

             (b) A description of the terms of the order requiring payment of support or spousal maintenance, and the amount past due, if any;

             (c) The name and address of the obligor's employer;

             (d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for support or maintenance states that the obligee may seek a mandatory wage assignment without notice to the obligor; and

             (e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

             (((2))) (3) If the court in which a mandatory wage assignment is sought does not already have a copy of the support or maintenance order in the court file, then the obligee shall attach a copy of the support or maintenance order to the petition or motion seeking the wage assignment.


             Sec. 4. RCW 26.18.100 and 1993 c 426 s 8 are each amended to read as follows:

             The wage assignment order shall be substantially in the following form:


IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .


. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Obligee                                                                 No. . . . .

                       vs.

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,                                      WAGE ASSIGNMENT

             Obligor                                                                  ORDER

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Employer


THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                   Employer


AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                    Obligor


             The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

             You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

             If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

             (1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

             (a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

             (b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

             (c) Fifty percent of the disposable earnings or remuneration of the obligor.

             (2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

             (3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

             You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

             (a) The court that the wage assignment has been modified or terminated; or

             (b) The ((Washington state support registry, office of support enforcement)) addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid((; or

             (c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2))).

             You shall promptly notify the court and the ((Washington state support registry)) addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

             You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

             You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

 

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.


             NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER.


             DATED THIS . . . . day of . . . ., 19. . .


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Obligee,                                                                                                                             Judge/Court Commissioner

or obligee's attorney

Send withheld payments to:                     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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             Sec. 5. RCW 26.18.110 and 1993 c 426 s 9 are each amended to read as follows:

             (1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings or other remuneration from the employer, whether the employer will honor the wage assignment order, and whether there are either multiple child support or spousal maintenance attachments, or both, against the obligor.

             (2) If the employer possesses any earnings or remuneration due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the Washington state support registry or, if the wage assignment order is to satisfy a duty of spousal maintenance, to the addressee specified in the assignment at each regular pay interval.

             (3) The employer shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

             (a) The court that the wage assignment has been modified or terminated; or

             (b) The Washington state support registry or obligee that the accrued child support or spousal maintenance debt has been paid, provided the wage assignment order contains the language set forth under RCW 26.18.100(3)(b). The employer shall promptly notify the ((Washington state support registry)) addressee specified in the assignment when the employee is no longer employed. If the employer no longer employs the employee, the wage assignment order shall remain in effect for one year after the employee has left the employment or the employer has been in possession of any earnings or remuneration owed to the employee, whichever is later. The employer shall continue to hold the wage assignment order during that period. If the employee returns to the employer's employment during the one-year period the employer shall immediately begin to withhold the employee's earnings or remuneration according to the terms of the wage assignment order. If the employee has not returned within one year, the wage assignment shall cease to have effect at the expiration of the one-year period, unless the employer continues to owe remuneration for employment to the obligor((; or

             (c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2))).

             (4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the clerk.

             (5) An order for wage assignment for support for a dependent child entered under this chapter shall have priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold and deliver under chapter 74.20A RCW. An order for wage assignment for spousal maintenance entered under this chapter shall have priority over any other wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under chapter 74.20A RCW for support of a dependent child, and except for another wage assignment or garnishment for spousal maintenance.

             (6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable to the obligee for one hundred percent of the support or spousal maintenance debt, or the amount of support or spousal maintenance moneys that should have been withheld from the employee's earnings whichever is the lesser amount, if the employer:

             (a) Fails or refuses, after being served with a wage assignment order, to deduct and promptly remit from the unpaid earnings the amounts of money required in the order;

             (b) Fails or refuses to submit an answer to the notice of wage assignment after being served; or

             (c) Is unwilling to comply with the other requirements of this section.

             Liability may be established in superior court. Awards in superior court shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys' fees.

             (7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding.

             (8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. If an employer discharges, disciplines, or refuses to hire an employee in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of damages suffered as a result of the violation and for costs and reasonable attorneys' fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.

             (9) For wage assignments payable to the Washington state support registry, an employer may combine amounts withheld from various employees into a single payment to the Washington state support registry, if the payment includes a listing of the amounts attributable to each employee and other information as required by the registry.

             (10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.


             Sec. 6. RCW 26.18.140 and 1993 c 426 s 11 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, in a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's support or spousal maintenance obligation is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the wage assignment order should remain in effect.

             (2) The court may enter an order delaying, modifying, or terminating the wage assignment order and order the obligor to make payments directly to the obligee ((if the court approves an alternate payment plan)) as provided in RCW 26.23.050(2).


             Sec. 7. RCW 26.18.170 and 1993 c 426 s 14 are each amended to read as follows:

             (1) Whenever an obligor parent who has been ordered to provide health insurance coverage for a dependent child fails to provide such coverage or lets it lapse, the department or the obligee may seek enforcement of the coverage order as provided under this section.

             (2)(a) If the obligor parent's order to provide health insurance coverage contains language notifying the obligor that failure to provide such coverage or proof that such coverage is unavailable may result in direct enforcement of the order and orders payments through, or has been submitted to, the Washington state support registry for enforcement, then the department may, without further notice to the obligor, send a notice of enrollment to the obligor's employer or union by certified mail, return receipt requested.

             The notice shall require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.

             (b) If the obligor parent's order to provide health insurance coverage does not order payments through, and has not been submitted to, the Washington state support registry for enforcement:

             (i) The obligee may, without further notice to the obligor send a certified copy of the order requiring health insurance coverage to the obligor's employer or union by certified mail, return receipt requested; and

             (ii) The obligee shall attach a notarized statement to the order declaring that the order is the latest order addressing coverage entered by the court and require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.

             (3) Upon receipt of an order that provides for health insurance coverage, or a notice of enrollment:

             (a) The obligor's employer or union shall answer the party who sent the order or notice within thirty-five days and confirm that the child:

             (i) Has been enrolled in the health insurance plan;

             (ii) Will be enrolled in the next open enrollment period; or

             (iii) Cannot be covered, stating the reasons why such coverage cannot be provided;

             (b) The employer or union shall withhold any required premium from the obligor's income or wages;

             (c) If more than one plan is offered by the employer or union, and each plan may be extended to cover the child, then the child shall be enrolled in the obligor's plan. If the obligor's plan does not provide coverage which is accessible to the child, the child shall be enrolled in the least expensive plan otherwise available to the obligor parent;

             (d) The employer or union shall provide information about the name of the health insurance coverage provider or insurer and the extent of coverage available to the obligee or the department and shall make available any necessary claim forms or enrollment membership cards.

             (4) If the order for coverage contains no language notifying the obligor that failure to provide health insurance coverage or proof that such coverage is unavailable may result in direct enforcement of the order, the department or the obligee may serve a written notice of intent to enforce the order on the obligor by certified mail, return receipt requested, or by personal service. If the obligor fails to provide written proof that such coverage has been obtained or applied for or fails to provide proof that such coverage is unavailable within twenty days of service of the notice, ((or within twenty days of coverage becoming available)) the department or the obligee may proceed to enforce the order directly as provided in subsection (2) of this section.

             (5) If the obligor ordered to provide health insurance coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations when accessible coverage is otherwise available, the department or the obligee may serve a written notice of intent to purchase health insurance coverage on the obligor by certified mail, return receipt requested. The notice shall also specify the type and cost of coverage.

             (6) If the department serves a notice under subsection (5) of this section the obligor shall, within twenty days of the date of service:

             (a) File an application for an adjudicative proceeding; or

             (b) Provide written proof to the department that the obligor has either applied for, or obtained, coverage accessible to the child.

             (7) If the obligee serves a notice under subsection (5) of this section, within twenty days of the date of service the obligor shall provide written proof to the obligee that the obligor has either applied for, or obtained, coverage accessible to the child.

             (8) If the obligor fails to respond to a notice served under subsection (5) of this section to the party who served the notice, the party who served the notice may purchase the health insurance coverage specified in the notice directly. The amount of the monthly premium shall be added to the support debt and be collectible without further notice. The amount of the monthly premium may be collected or accrued until the obligor provides proof of the required coverage.

             (9) The signature of the obligee or of a department employee shall be a valid authorization to the coverage provider or insurer for purposes of processing a payment to the child's health services provider. An order for health insurance coverage shall operate as an assignment of all benefit rights to the obligee or to the child's health services provider, and in any claim against the coverage provider or insurer, the obligee or the obligee's assignee shall be subrogated to the rights of the obligor. Notwithstanding the provisions of this section regarding assignment of benefits, this section shall not require a health care service contractor authorized under chapter 48.44 RCW or a health maintenance organization authorized under chapter 48.46 RCW to deviate from their contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the employer shall mail a notice of termination to the department or the obligee at the obligee's last known address within thirty days of the termination date.

             (10) This section shall not be construed to limit the right of the obligor or the obligee to bring an action in superior court at any time to enforce, modify, or clarify the original support order.

             (11) Nothing in this section shall be construed to require a health maintenance organization, or health care service contractor, to extend coverage to a child who resides outside its service area.

             (12) If an obligor fails to pay his or her portion of any deductible required under the health insurance coverage or fails to pay his or her portion of medical expenses incurred in excess of the coverage provided under the plan, the department or the obligee may enforce collection of the obligor's portion of the deductible or the additional medical expenses through a wage assignment order. The amount of the deductible or additional medical expenses shall be added to the support debt and be collectible without further notice if the obligor's share of the amount of the deductible or additional expenses is reduced to a sum certain in a court order.


             Sec. 8. RCW 26.23.045 and 1989 c 360 s 33 are each amended to read as follows:

             (1) The office of support enforcement, Washington state support registry, shall provide support enforcement services under the following circumstances:

             (a) Whenever public assistance under RCW 74.20.330 is paid;

             (b) Whenever a request for nonassistance support enforcement services under RCW 74.20.040(2) is received;

             (c) Whenever a request for support enforcement services under RCW 74.20.040(3) is received;

             (d) When a support order which contains language directing a responsible parent to make support payments to the Washington state support registry under RCW 26.23.050 is submitted;

             (e) When a support order is forwarded to the Washington state support registry by the clerk of a superior court under RCW 26.23.050(5);

             (f) When the obligor submits a support order or support payment to the Washington state support registry.

             (2) The office of support enforcement shall continue to provide support enforcement services for so long as and under such conditions as the department shall establish by regulation or until the superior court enters an order ((approving an alternate payment plan)) removing the requirement that the obligor make support payments to the Washington state support registry as provided for in RCW 26.23.050(((1)))(2).


             Sec. 9. RCW 26.23.050 and 1993 c 207 s 1 are each amended to read as follows:

             (1) ((Except as provided in subsection (2) of this section, the superior court shall include in all superior court orders which establish or modify a support obligation:

             (a) A provision which orders and directs that the responsible parent make all support payments to the Washington state support registry;

             (b) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 RCW or chapter 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (c) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

             (2) The court may order the responsible parent to make payments directly to the person entitled to receive the payments or, for orders entered on or after July 1, 1990, direct that the issuance of a notice of payroll deduction or other income withholding actions be delayed until a support payment is past due if the court approves an alternate payment plan. The parties to the order must agree to such a plan and the plan must contain reasonable assurances that payments will be made in a regular and timely manner. The court may approve such a plan and modify or terminate the payroll deduction or other income withholding action at the time of entry of the order or at a later date upon motion and agreement of the parties. If the order directs payment to the person entitled to receive the payments instead of to the Washington state support registry, the order shall include a statement that the order may be submitted to the registry if a support payment is past due. If the order directs delayed issuance of the notice of payroll deduction or other income withholding action, the order shall include a statement that such action may be taken, without further notice, at any time after a support payment is past due. The provisions of this subsection do not apply if the department is providing public assistance under Title 74 RCW.)) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

             (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

             (b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child.

             As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

             (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

             (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

             (i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

             As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

             (b) The superior court may order immediate or delayed income withholding as follows:

             (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

             (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

             (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

             (3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

             (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

             (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

             (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

             (5) Every support order shall state:

             (a) ((That payment shall be made to the Washington state support registry or in accordance with the alternate payment plan approved by the court)) The address where the support payment is to be sent;

             (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 ((RCW)) or ((chapter)) 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

             (i) ((The court approves an alternate payment plan under subsection (2) of this section;

             (ii))) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

             (((iii))) (ii) The parties reach ((an alternate)) a written agreement that is approved by the court that provides for an alternate arrangement;

             (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

             (d) The support award as a sum certain amount;

             (e) The specific day or date on which the support payment is due;

             (f) The social security number, residence address, and name and address of the employer of the responsible parent;

             (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

             (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

             (i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

             (j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

             (k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; and

             (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage.

             (6) The physical custodian's address:

             (a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

             (b) A responsible parent ((whose support obligation has been determined by such administrative order)) may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

             (7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

             (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for ((support enforcement)) payment services ((under RCW 74.20.040 to the fullest extent permitted under federal law)) only.

             (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry ((in accordance with subsection (1), (3), or (4) of)) under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.

             (((10) As used in this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate income withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.))


             Sec. 10. RCW 26.23.060 and 1991 c 367 s 40 are each amended to read as follows:

             (1) The office of support enforcement may issue a notice of payroll deduction:

             (a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

             (b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

             (2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

             (3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

             (4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

             (5) The notice of payroll deduction shall be in writing and include:

             (a) The name and social security number of the responsible parent;

             (b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

             (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; and

             (d) The address to which the payments are to be mailed or delivered.

             (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

             (7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

             (8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or ((employment [unemployment])) unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

             (9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

             (10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate ((payment plan)) arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.


             Sec. 11. RCW 26.23.100 and 1991 c 367 s 42 are each amended to read as follows:

             (1) The responsible parent subject to a payroll deduction pursuant to this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction.

             (2) Except as provided in subsections (4) and (5) of this section, the court may grant relief only upon a showing: (a) That the payroll deduction causes extreme hardship or substantial injustice; or (b) that the support payment was not past due under the terms of the order when the notice of payroll deduction was served on the employer.

             (3) Satisfaction by the obligor of all past due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction.

             (4) If a notice of payroll deduction has been in operation for twelve consecutive months and the obligor's support obligation is current, upon motion of the obligor, the court may order the office of support enforcement to terminate the payroll deduction, unless the obligee can show good cause as to why the payroll deduction should remain in effect.

             (5) Subsection (2) of this section shall not prevent the court from ordering an alternative ((payment plan)) arrangement as provided under RCW 26.23.050(2).


             Sec. 12. RCW 26.23.120 and 1989 c 360 s 17 and 1989 c 175 s 78 are each reenacted and amended to read as follows:

             (1) Any information or records concerning individuals who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the office of support enforcement, or under chapter 74.20 RCW shall be private and confidential and shall only be subject to public disclosure as provided in subsection (2) of this section.

             (2) The secretary of the department of social and health services shall adopt rules which specify the individuals or agencies to whom this information and these records may be disclosed, the purposes for which the information may be disclosed, and the procedures to obtain the information or records. The rules adopted under this section shall provide for disclosure of the information and records, under appropriate circumstances, which shall include, but not be limited to:

             (a) When authorized or required by federal statute or regulation governing the support enforcement program;

             (b) To the person the subject of the records or information, unless the information is exempt from disclosure under RCW 42.17.310;

             (c) To government agencies, whether state, local, or federal, and including federally recognized tribes, law enforcement agencies, prosecuting agencies, and the executive branch, if the ((records or information are needed)) disclosure is necessary for child support enforcement purposes;

             (d) To the parties in a judicial or adjudicative proceeding upon a specific written finding by the presiding officer that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records;

             (e) To private persons, federally recognized tribes, or organizations if the disclosure is necessary to permit private contracting parties to assist in the management and operation of the department;

             (f) Disclosure of address and employment information to the parties to ((a court order for support)) an action for purposes relating to ((the establishment, enforcement, or modification of the)) a child support order;

             (g) Disclosure of information or records when necessary to the efficient administration of the support enforcement program or to the performance of functions and responsibilities of the support registry and the office of support enforcement as set forth in state and federal statutes; or

             (h) Disclosure of the information or records when authorized under RCW 74.04.060.

             (3) Prior to disclosing the physical custodian's address under subsection (((1))) (2)(f) of this section, a notice shall be mailed, if appropriate under the circumstances, to the physical custodian at the physical custodian's last known address. The notice shall advise the physical custodian that a request for disclosure has been made and will be complied with unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the physical custodian or the child, or the custodial parent requests a hearing to contest the disclosure. The administrative law judge shall determine whether the address of the custodial parent should be disclosed based on the same standard as a claim of "good cause" as defined in 42 U.S.C. Sec. 602 (a)(26)(c).

             (4) Nothing in this section shall be construed as limiting or restricting the effect of RCW 42.17.260(((5)))(6). Nothing in this section shall be construed to prevent the disclosure of information and records if all details identifying an individual are deleted or the individual consents to the disclosure.

             (5) It shall be unlawful for any person or agency in violation of this section to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists of names for commercial or political purposes or the use of any information for purposes other than those purposes specified in this section. A violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW.


             NEW SECTION. Sec. 13. A new section is added to chapter 26.26 RCW to read as follows:

             In any action brought under this chapter, if the requirements of civil rule 55 are met, the superior court shall enter an order of default.


             Sec. 14. RCW 26.26.040 and 1990 c 175 s 2 are each amended to read as follows:

             (1) A man is presumed to be the natural father of a child for all intents and purposes if:

             (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court; or

             (b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born within three hundred days after the termination of cohabitation;

             (c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

             (i) He has acknowledged his paternity of the child in writing filed with the registrar of vital statistics,

             (ii) With his consent, he is named as the child's father on the child's birth certificate, or

             (iii) He is obligated to support the child under a written voluntary promise or by court order;

             (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child;

             (e) He acknowledges his paternity of the child pursuant to RCW 70.58.080 or in a writing filed with the state office of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, if she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the registrar of vital statistics. In order to enforce rights of residential time, custody, and visitation, a man presumed to be the father as a result of filing a written acknowledgement must seek appropriate judicial orders under this title; ((or))

             (f) The United States immigration and naturalization service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

             (g) Genetic testing indicates a ninety-eight percent or greater probability of paternity.

             (2) A presumption under this section may be rebutted in an appropriate action only by clear, cogent, and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.


             Sec. 15. RCW 26.26.100 and 1984 c 260 s 32 are each amended to read as follows:

             (1) The court may, and upon request of a party shall, require the child, mother, and any alleged father who has been made a party to submit to blood tests or genetic tests of blood, tissues, or other bodily fluids. If an alleged father objects to a proposed order requiring him to submit to paternity blood or genetic tests, the court may require the party making the allegation of possible paternity to provide sworn testimony, by affidavit or otherwise, stating the facts upon which the allegation is based. The court shall order blood or genetic tests if it appears that a reasonable possibility exists that the requisite sexual contact occurred. The tests shall be performed by an expert in paternity blood or genetic testing appointed by the court. The expert's verified report identifying the blood or genetic characteristics observed is admissible in evidence in any hearing or trial in the parentage action, if (a) the alleged or presumed father has had the opportunity to gain information about the security, validity, and interpretation of the tests and the qualifications of any experts, and (b) the report is accompanied by an affidavit from the expert which describes the expert's qualifications as an expert and analyzes and interprets the results. Verified documentation of the chain of custody of the blood or genetic samples tested is admissible to establish the chain of custody. The court may consider published sources as aids to interpretation of the test results.

             (2)(a) Any objection to genetic testing results must be made in writing and served upon the opposing party, within twenty days before any hearing at which such results may be introduced into evidence.

             (b) If an objection is not made as provided in this subsection, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.

             (3) The court, upon request by a party, shall order that additional blood or genetic tests be performed by the same or other experts qualified in paternity blood or genetic testing, if the party requesting additional tests advances the full costs of the additional testing within a reasonable time. The court may order additional testing without requiring that the requesting party advance the costs only if another party agrees to advance the costs or if the court finds, after hearing, that (a) the requesting party is indigent, and (b) the laboratory performing the initial tests recommends additional testing or there is substantial evidence to support a finding as to paternity contrary to the initial blood or genetic test results. The court may later order any other party to reimburse the party who advanced the costs of additional testing for all or a portion of the costs.

             (((3))) (4) In all cases, the court shall determine the number and qualifications of the experts.


             Sec. 16. RCW 26.26.150 and 1987 c 435 s 28 are each amended to read as follows:

             (1) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the state of Washington, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

             (2) The court shall order support payments to be made to the Washington state support registry, or the person entitled to receive the payments under an alternate ((payment plan)) arrangement approved by the court as provided in RCW 26.23.050(2).

             (3) All remedies for the enforcement of judgments apply.


             Sec. 17. RCW 26.26.165 and 1989 c 416 s 4 are each amended to read as follows:

             (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105.

             (2) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

             (3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order((, or within twenty days of the date such coverage becomes available,)) to:

             (a) The physical custodian; or

             (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.

             (4) Every order requiring a parent to provide health insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.


             NEW SECTION. Sec. 18. A new section is added to chapter 74.20 RCW to read as follows:

             When the department appears or participates in an adjudicative proceeding under chapter 26.23 or 74.20A RCW it shall:

             (1) Act in furtherance of the state's financial interest in the matter;

             (2) Act in the best interests of the children of the state;

             (3) Facilitate the resolution of the controversy; and

             (4) Make independent recommendations to ensure the integrity and proper application of the law and process.

             In the proceedings the department does not act on behalf or as an agent or representative of an individual.


             Sec. 19. RCW 74.20A.056 and 1989 c 55 s 3 are each amended to read as follows:

             (1) If an alleged father has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics, the office of support enforcement may serve a notice and finding of parental responsibility on him. Service of the notice shall be in the same manner as a summons in a civil action or by certified mail, return receipt requested. The notice shall have attached to it a copy of the affidavit or certification of birth record information advising of the existence of a filed affidavit, provided by the center for health statistics, and shall state that:

             (a) The alleged father may file an application for an adjudicative proceeding at which he will be required to appear and show cause why the amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;

             (b) An alleged father may request that a blood test be administered to determine whether such test would exclude him from being a natural parent and, if not excluded, may subsequently request that the office of support enforcement initiate an action in superior court to determine the existence of the parent-child relationship; and

             (c) If the alleged father does not request that a blood test be administered or file an application for an adjudicative proceeding, the amount of support stated in the notice and finding of parental responsibility shall become final, subject only to a subsequent determination under RCW 26.26.060 that the parent-child relationship does not exist.

             (2) An alleged father who objects to the amount of support requested in the notice may file an application for an adjudicative proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing of good cause thereafter. An adjudicative proceeding under this section shall be pursuant to RCW 74.20A.055. The only issues shall be the amount of the accrued debt, the amount of the current and future support obligation, and the reimbursement of the costs of blood tests if advanced by the department.

             (3) If the application for an adjudicative proceeding is filed within twenty days of service of the notice, collection action shall be stayed pending a final decision by the department. If no application is filed within twenty days:

             (a) The amounts in the notice shall become final and the debt created therein shall be subject to collection action; and

             (b) Any amounts so collected shall neither be refunded nor returned if the ((parent)) alleged father is later found not to be ((the father)) a responsible parent.

             (4) An alleged father who denies being a responsible parent may request that a blood test be administered at any time. The request for testing shall be in writing and served on the office of support enforcement personally or by registered or certified mail. If a request for testing is made, the department shall arrange for the test and, pursuant to rules adopted by the department, may advance the cost of such testing. The department shall mail a copy of the test results by certified mail, return receipt requested, to the alleged father's last known address.

             (5) If the test excludes the alleged father from being a natural parent, the office of support enforcement shall file a copy of the results with the state office of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue. The state office of vital statistics shall remove the alleged father's name from the birth certificate.

             (6) The alleged father may, within twenty days after the date of receipt of the test results, request the office of support enforcement to initiate an action under RCW 26.26.060 to determine the existence of the parent-child relationship. If the office of support enforcement initiates a superior court action at the request of the alleged father and the decision of the court is that the alleged father is a natural parent, the alleged father shall be liable for court costs incurred.

             (7) If the alleged father does not request the office of support enforcement to initiate a superior court action, or if the alleged father fails to appear and cooperate with blood testing, the notice of parental responsibility shall become final for all intents and purposes and may be overturned only by a subsequent superior court order entered under RCW 26.26.060.


             Sec. 20. RCW 74.20A.080 and 1989 c 360 s 10 and 1989 c 175 s 154 are each reenacted and amended to read as follows:

             (1) The secretary may issue to any person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States, an order to withhold and deliver property of any kind, including but not restricted to earnings which are or might become due, owing, or belonging to the debtor, when the secretary has reason to believe that there is in the possession of such person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States property which is or might become due, owing, or belonging to said debtor. Such order to withhold and deliver may be issued:

             (a) When a support payment is past due, if a responsible parent's support order:

             (i) Contains language directing the parent to make support payments to the Washington state support registry; and

             (ii) Includes a statement that other income-withholding action under this chapter may be taken without further notice to the responsible parent, as provided for in RCW 26.23.050(1);

             (b) Twenty-one days after service of a notice of support debt under RCW 74.20A.040;

             (c) Twenty-one days after service of a notice and finding of parental responsibility under RCW 74.20A.056;

             (d) Twenty-one days after service of a notice of support owed under RCW 26.23.110;

             (e) Twenty-one days after service of a notice and finding of financial responsibility under RCW 74.20A.055; or

             (f) When appropriate under RCW 74.20A.270.

             (2) The order to withhold and deliver shall:

             (a) State the amount of the support debt accrued;

             (b) State in summary the terms of RCW 74.20A.090 and 74.20A.100;

             (c) Be served in the manner prescribed for the service of a summons in a civil action or by certified mail, return receipt requested.

             (3) Any person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States upon whom service has been made is hereby required to:

             (a) Answer said order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein; and

             (b) Provide further and additional answers when requested by the secretary.

             (4) Any such person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States in possession of any property which may be subject to the claim of the department of social and health services shall:

             (a)(i) Immediately withhold such property upon receipt of the order to withhold and deliver; and

             (ii) Deliver the property to the secretary as soon as the twenty-day answer period expires;

             (iii) Continue to withhold earnings payable to the debtor at each succeeding disbursement interval as provided for in RCW 74.20A.090, and deliver amounts withheld from earnings to the ((obligee within ten days of)) secretary on the date earnings are payable to the debtor;

             (iv) Inform the secretary of the date the amounts were withheld as requested under this section; or

             (b) Furnish to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon final determination of liability.

             (5) An order to withhold and deliver served under this section shall not expire until:

             (a) Released in writing by the office of support enforcement;

             (b) Terminated by court order; or

             (c) The person or entity receiving the order to withhold and deliver does not possess property of or owe money to the debtor for any period of twelve consecutive months following the date of service of the order to withhold and deliver.

             (6) Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, or association, political subdivision, or department of the state, or agency, subdivision, or instrumentality of the United States subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary.

             (((6))) (7) Delivery to the secretary of the money or other property held or claimed shall satisfy the requirement and serve as full acquittance of the order to withhold and deliver.

             (((7) The state warrants and represents that:

             (a) It shall defend and hold harmless for such actions persons delivering money or property to the secretary pursuant to this chapter; and

             (b) It shall defend and hold harmless for such actions persons withholding money or property pursuant to this chapter)) (8) A person, firm, corporation, or association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies with the order to withhold and deliver under this chapter is not civilly liable to the debtor for complying with the order to withhold and deliver under this chapter.

             (((8))) (9) The secretary may hold the money or property delivered under this section in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability.

             (((9))) (10) Exemptions contained in RCW 74.20A.090 apply to orders to withhold and deliver issued under this section.

             (((10))) (11) The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed ((by certified mail)) a copy of the order to withhold and deliver to the debtor at the debtor's last known post office address, or, in the alternative, a copy of the order to withhold and deliver shall be served on the debtor in the same manner as a summons in a civil action on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with a concise explanation of the right to petition for judicial review. This requirement is not jurisdictional, but, if the copy is not mailed or served as in this section provided, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion on motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver and award to the debtor an amount equal to the damages resulting from the secretary's failure to serve on or mail to the debtor the copy.

             (((11))) (12) An order to withhold and deliver issued in accordance with this section has priority over any other wage assignment ((or)), garnishment, attachment, or other legal process, except for another wage assignment, garnishment, attachment, or other legal process for child support.

             (((12))) (13) The office of support enforcement shall notify any person, firm, corporation, association, or political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States required to withhold and deliver the earnings of a debtor under this action that they may deduct a processing fee from the remainder of the debtor's earnings, even if the remainder would otherwise be exempt under RCW 74.20A.090. The processing fee shall not exceed ten dollars for the first disbursement to the department and one dollar for each subsequent disbursement under the order to withhold and deliver.


             Sec. 21. RCW 74.20A.240 and 1985 c 276 s 12 are each amended to read as follows:

             Any person, firm, corporation, association, political subdivision ((or)), department of the state, or agency, subdivision, or instrumentality of the United States employing a person owing a support debt or obligation, shall honor, according to its terms, a duly executed assignment of earnings presented by the secretary as a plan to satisfy or retire a support debt or obligation. This requirement to honor the assignment of earnings and the assignment of earnings itself shall be applicable whether said earnings are to be paid presently or in the future and shall continue in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment of earnings presented by the secretary shall serve as full acquittance under any contract of employment((, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to said assignment of earnings)). A person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies with the assignment of earnings under this chapter is not civilly liable to the debtor for complying with the assignment of earnings under this chapter. The secretary shall be released from liability for improper receipt of moneys under an assignment of earnings upon return of any moneys so received.

             An assignment of earnings presented by the secretary in accordance with this section has priority over any other wage assignment ((or)), garnishment, attachment, or other legal process except for another wage assignment ((or)), garnishment, attachment, or other legal process for support moneys.

             The employer may deduct a processing fee from the remainder of the debtor's earnings, even if the remainder would be exempt under RCW 74.20A.090. The processing fee shall not exceed ten dollars from the first disbursement to the department and one dollar for each subsequent disbursement under the assignment of earnings.


             Sec. 22. RCW 74.20A.300 and 1989 c 416 s 6 are each amended to read as follows:

             (1) Whenever a support order is entered or modified under this chapter, the department shall require the responsible parent to maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105.

             (2) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

             (3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable to the department within twenty days of the entry of the order((, or within fifteen days of the date such coverage becomes available)).

             (4) Every order requiring a parent to provide health insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW."


             On page 1, line 1 of the title, after "operations;" strike the remainder of the title and insert "amending RCW 26.09.105, 26.09.120, 26.18.070, 26.18.100, 26.18.110, 26.18.140, 26.18.170, 26.23.045, 26.23.050, 26.23.060, 26.23.100, 26.26.040, 26.26.100, 26.26.150, 26.26.165, 74.20A.056, 74.20A.240, and 74.20A.300; reenacting and amending RCW 26.23.120 and 74.20A.080; adding a new section to chapter 26.26 RCW; adding a new section to chapter 74.20 RCW; and prescribing penalties."

and the same is herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Johanson moved that the House concur in the Senate amendments to Substitute House House Bill No. 2488 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2488 as amended by the Senate.


             Representatives Appelwick, Johanson and Padden spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2488 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Absent: Representative Riley - 1.

             Excused: Representative Wood - 1.


             Substitute House Bill No. 2488, as amended by the Senate, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 8, 1994


Mr. Speaker:


             The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6047 and asks the House for a conference thereon. The President has appointed the following members as Conferees: Senators A. Smith, Nelson, Quigley

and the same is herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Johanson moved that the House grant the request of the Senate for a conference on Substitute Senate Bill No. 6047. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker (Representative R. Meyers presiding) appointed Representatives Appelwick, Johanson and Ballasiotes as Conferees on Senate Bill No. 6047.


REPORT OF CONFERENCE COMMITTEE


ESSB 6068                                                                                                                                  Date: March 8, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, revising procedures for appeals involving boards within the environmental hearings office, have had the same under consideration and we recommend that:

 

All previous amendment not be adopted, and the striking amendment by the Conference Committee (See attached S5930.2) be adopted,


             Strike everything after the enacting clause and insert the following:


             "Sec. 23. RCW 90.58.170 and 1988 c 128 s 76 are each amended to read as follows:

             A shorelines hearings board sitting as a quasi judicial body is hereby established within the environmental hearings office under RCW 43.21B.005. The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control hearings board; two members, one appointed by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the commissioner of public lands or his or her designee. The chairman of the pollution control hearings board shall be the chairman of the shorelines hearings board. Except as provided in section 2 of this act, a decision must be agreed to by at least four members of the board to be final. The members of the shorelines ((appeals)) board shall receive the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060.


             NEW SECTION. Sec. 24. A new section is added to chapter 90.58 RCW to read as follows:

             (1) In the case of an appeal involving a single family residence or appurtenance to a single family residence, including a dock or pier designed to serve a single family residence, the request for review may be heard by a panel of three board members, at least one and not more than two of whom shall be members of the pollution control hearings board. Two members of the three must agree to issue a final decision of the board.

             (2) The board shall define by rule alternative processes to expedite appeals. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.


             Sec. 25. RCW 90.58.180 and 1989 c 175 s 183 are each amended to read as follows:

             (1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a request for the same within thirty days of the date of filing as defined in RCW 90.58.140(6).

             Concurrently with the filing of any request for review with the board as provided in this section pertaining to a final order of a local government, the requestor shall file a copy of his or her request with the department and the attorney general. If it appears to the department or the attorney general that the requestor has valid reasons to seek review, either the department or the attorney general may certify the request within thirty days after its receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the matter covered by the requestor((: PROVIDED, That)). The failure to obtain such certification shall not preclude the requestor from obtaining a review in the superior court under any right to review otherwise available to the requestor. The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the request for review filed pursuant to this section. The shorelines hearings board shall initially schedule review proceedings on such requests for review without regard as to whether such requests have or have not been certified or as to whether the period for the department or the attorney general to intervene has or has not expired, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule.

             (2) The department or the attorney general may obtain review of any final order granting a permit, or granting or denying an application for a permit issued by a local government by filing a written request with the shorelines hearings board and the appropriate local government within thirty days from the date the final order was filed as provided in RCW 90.58.140(6).

             (3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board ((may be had as provided in)) is governed by chapter 34.05 RCW.

             (4) A local government may appeal to the shorelines hearings board any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon.

             If the board determines that the rule, regulation, or guideline:

             (a) Is clearly erroneous in light of the policy of this chapter; or

             (b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or

             (c) Is arbitrary and capricious; or

             (d) Was developed without fully considering and evaluating all material submitted to the department by the local government; or

             (e) Was not adopted in accordance with required procedures;

the board shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government, a new rule, regulation, or guideline. Unless the board makes one or more of the determinations as hereinbefore provided, the board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect.

             (5) Rules, regulations, and guidelines shall be subject to review in superior court, if authorized pursuant to RCW ((34.05.538: PROVIDED, That)) 34.05.570(2). No review shall be granted by a superior court on petition from a local government unless the local government shall first have obtained review under subsection (4) of this section and the petition for court review is filed within three months after the date of final decision by the shorelines hearings board.


             Sec. 26. RCW 43.21C.075 and 1983 c 117 s 4 are each amended to read as follows:

             (1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.

             (2) Unless otherwise provided by this section:

             (a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.

             (b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.

             (3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:

             (a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement), consistent with any state statutory requirements for appeals to local legislative bodies. The appeal proceeding on a determination of significance/nonsignificance may occur before the agency's final decision on a proposed action. Such an appeal shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;

             (b) Shall consolidate appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) by providing for simultaneous appeal of an agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the threshold determination appeal as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;

             (c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this ((paragraph)) subsection; and

             (d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.

             (4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an appeal procedure, such person shall, prior to seeking any judicial review, use such procedure if any such procedure is available, unless expressly provided otherwise by state statute.

             (5) RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). This section does not modify any such time periods. This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, and/or where there is another time period which is required by statute or ordinance for challenging the underlying governmental action. In this subsection, the term "appeal" refers to a judicial appeal only.

             (a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within thirty days. The agency shall give official notice stating the date and place for commencing an appeal. If there is an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within the time period for commencing a judicial appeal on the underlying governmental action.

             (b) A notice of action under RCW 43.21C.080 may be used. If a notice of action is used, judicial appeals shall be commenced within the time period specified by RCW 43.21C.080, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.

             (c) Notwithstanding RCW 43.21C.080(1), if there is a time period for appealing the underlying governmental action, a notice of action may be published within such time period.

             (6)(a) Judicial review of an appeal decision made by an agency under RCW 43.21C.075(5) shall be on the record, consistent with other applicable law.

             (b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.

             (c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.

             (7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order.

             (8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) and (3)). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. The word "appeal" refers to administrative, legislative, or judicial appeals.

             (9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.


             NEW SECTION. Sec. 27. A new section is added to chapter 43.21B RCW to read as follows:

             In an appeal that involves a penalty of five thousand dollars or less, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define by rule alternative procedures to expedite small appeals. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.


             Sec. 28. RCW 43.21B.180 and 1989 c 175 s 104 are each amended to read as follows:

             Judicial review of a decision of the hearings board ((shall be de novo except when the decision has been rendered pursuant to a formal hearing elected under the provisions of this chapter, in which event judicial review)) may be obtained only pursuant to RCW 34.05.510 through 34.05.598. The director shall have the same right of review from a decision made pursuant to RCW 43.21B.110 as does any person.


             Sec. 29. RCW 43.21B.190 and 1988 c 202 s 43 are each amended to read as follows:

             Within thirty days after the final decision and order of the hearings board upon such an appeal has been communicated to the interested parties, ((or within thirty days after an appeal has been denied after an informal hearing,)) such interested party aggrieved by the decision and order of the hearings board may appeal to the superior court. In all appeals involving a decision or an order of the hearings board after an informal hearing, the petition shall be filed in the superior court for the county of the petitioner's residence or principal place of business, or in the absence of a residence or principal place of business, for Thurston county. Such appeal may be perfected by filing with the clerk of the superior court a notice of appeal, and by serving a copy thereof by mail, or personally on the director, the air pollution control boards or authorities, established pursuant to chapter 70.94 RCW or on the board as the case may be. The hearings board shall serve upon the appealing party, the director, the air pollution control board or authorities established pursuant to chapter 70.94 RCW, or the board, as the case may be, and on any other party appearing at the hearings board's proceeding, and file with the clerk of the court before trial, a certified copy of the hearings board's decision and order. Appellate review of a decision of the superior court may be sought as in other civil cases. No bond shall be required on appeals to the superior court or on review by the supreme court unless specifically required by the judge of the superior court.


             Sec. 30. RCW 43.21B.230 and 1990 c 65 s 6 are each amended to read as follows:

             Any person having received notice of a denial of a petition, a notice of determination, notice of or an order made by the department may appeal, within thirty days from the date of the notice of such denial, order, or determination to the hearings board. The appeal shall be perfected by serving a copy of the notice of appeal upon the department or air pollution authority established pursuant to chapter 70.94 RCW, as the case may be, within the time specified herein and by filing the original thereof with proof of service with the clerk of the hearings board. ((If the person intends that the hearing before the hearings board be a formal one, the notice of appeal shall so state. In the event that the notice of appeal does not so state, the hearing shall be an informal one: PROVIDED, HOWEVER, That nothing shall prevent the department or the air pollution authority, as the case may be, within ten days from the date of its receipt of the notice of appeal, from filing with the clerk of the hearings board notice of its intention that the hearing be a formal one.))


             Sec. 31. RCW 76.09.230 and 1992 c 52 s 23 are each amended to read as follows:

             (1) ((In all appeals over which the appeals board has jurisdiction, a party taking an appeal may elect either a formal or an informal hearing, unless such party has had an informal hearing with the department. Such election shall be made according to the rules of practice and procedure to be promulgated by the appeals board. In the event that appeals are taken from the same decision, order, or determination, as the case may be, by different parties and only one of such parties elects a formal hearing, a formal hearing shall be granted.

             (2))) In all appeals over which the appeals board has jurisdiction, upon request of one or more parties and with the consent of all parties, the appeals board shall promptly schedule a conference for the purpose of attempting to mediate the case. The mediation conference shall be held prior to the hearing on not less than seven days' advance written notice to all parties. All other proceedings pertaining to the appeal shall be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while mediation is ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly authorized agent of the appeals board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the appeals board. A person who mediates in a particular appeal shall not participate in a hearing on that appeal or in writing the decision and order in the appeal. Documentary and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall be treated by the mediator and the parties in a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provisions of the Washington rules of evidence pertaining to compromise negotiations.

             (((3))) (2) In all appeals the appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.

             (((4))) (3) In all appeals ((involving formal hearing)) the appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.

             (((5))) (4) All proceedings((, including both formal and informal hearings,)) before the appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. The appeals board shall publish such rules and arrange for the reasonable distribution thereof.

             (((6))) (5) Judicial review of a decision of the appeals board ((shall be de novo except when the decision has been rendered pursuant to the formal hearing, in which event judicial review)) may be obtained only pursuant to RCW 34.05.510 through 34.05.598.


             NEW SECTION. Sec. 32. The office of the administrator for the courts, under the direction of the appellate courts, shall conduct a study to expedite appeals from administrative hearings. The study shall be conducted in close cooperation with the environmental hearings office. Recommendations from the study shall be made to the appropriate standing committees of the legislature by September 1, 1994.


             NEW SECTION. Sec. 33. (1) The environmental hearings office shall review and make recommendations regarding the consolidation of the following boards into a single board with jurisdiction over such land use and environmental decisions as such boards collectively exercise under current law:

             (a) Pollution control hearings board;

             (b) Growth planning hearings boards;

             (c) Shorelines hearings board;

             (d) Hydraulics appeals board; and

             (e) Forest practices appeals board.

The office shall review the caseloads, staffing, and appeal procedures of such boards, as well as current and anticipated caseloads in view of future regulatory, planning or other requirements likely to impact the caseloads of such boards.

             (2) The office shall include the results of its review in a report to the governor and the standing committees of the legislature on environmental and judiciary matters on or before December 1, 1994. The report shall include recommendations on whether such board consolidation may achieve administrative efficiencies while ensuring timely resolution of all matters which may be considered by such a board. The report shall also include recommendations on board size, staffing, and other considerations relevant to consolidation of the existing boards."


             On page 1, line 2 of the title, after "office;" strike the remainder of the title and insert "amending RCW 90.58.170, 90.58.180, 43.21C.075, 43.21B.180, 43.21B.190, 43.21B.230, and 76.09.230; adding a new section to chapter 90.58 RCW; adding a new section to chapter 43.21B RCW; and creating new sections."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Fraser, Talmadge, Morton; Representatives Rust, L. Johnson, Horn


MOTION


             Representative Rust moved that the House adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6068 and pass the bill as recommended by the Conference Committee.


             Representatives Rust and Horn spoke in favor of the motion and the motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6068 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6068 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Engrossed Substitute Senate Bill No. 6068, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE


EHB 2347                                                                                                                                              March 9, 1994


Includes "NEW ITEM": YES


             Changing the energy building code for glazing, doors, and skylights.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 2347, Glazing, doors, skylights, have had the same under consideration and we recommend that:

 

The Senate Energy and Utilities Committee Amendment (S5324.1) adopted 3/2/94, be adopted with the following change:


             On page 3, line 23 of the Senate Energy and Utilities Committee amendment (S5324.1) after "(c)" strike all language through "subsection." on page 3, line 26, and insert "((For log built homes with space heat other than electric resistance, the building code council shall establish equivalent thermal performance standards consistent with the standards and maximum glazing areas of (b) of this subsection.)) The requirements of (b)(ii) of this subsection do not apply to residences with log or solid timber walls with a minimum average thickness of three and one-half inches and with space heat other than electric resistance."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Sutherland, Hochstatter, Owen; Representatives Bray, Kessler, Casada.


MOTION


             Representative Bray moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 2347 and pass the bill as recommended by the Conference Committee.


             Representatives Bray and Casada spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2347 as recommended by the Conference Committee.


             Representative Bray spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2347 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Engrossed House Bill No. 2347, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to SUBSTITUTE HOUSE BILL NO. 2270, and passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.


Marty Brown, Secretary


REPORT OF CONFERENCE COMMITTEE


SHB 2270                                                                                                                                               March 8, 1994


Includes "NEW ITEM": YES


             Revising provisions about probate and trust matters.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 2270, Probate and trust, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendment by the Conference Committee (See attached 2270-S AMC CONF S5920.1) be adopted:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 11.02.005 and 1993 c 73 s 1 are each amended to read as follows:

             When used in this title, unless otherwise required from the context:

             (1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.

             (2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.

             (3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the ((intestate's)) deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.

             (4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.

             (5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.

             (6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

             (7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.

             (8) "Will" means an instrument validly executed as required by RCW 11.12.020 ((and includes all codicils)).

             (9) "Codicil" means ((an instrument that is validly executed in the manner provided by this title for a will and that refers to an existing will for the purpose of altering or changing the same, and which need not be attached thereto)) a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.

             (10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.

             (11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.

             (12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.

             (13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.

             (14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.

             (15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account or security, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity.

             (16) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on ((July 25, 1993)) the effective date of this section.

             (((16))) Words that import the singular number may also be applied to the plural of persons and things.

             (((17))) Words importing the masculine gender only may be extended to females also.


             Sec. 2. RCW 11.07.010 and 1993 c 236 s 1 are each amended to read as follows:

             (1) This section applies to all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.

             (2)(a) If a marriage is dissolved or invalidated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity.

             (b) This subsection does not apply if and to the extent that:

             (i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;

             (ii) The decree of dissolution or declaration of invalidity requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or children of the marriage, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist at the decedent's death; or

             (iii) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree or declaration, or for any other reason, immediately after the entry of the decree of dissolution or declaration of invalidity.

             (3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section.

             (b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either:

             (i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or

             (ii) The payment or transfer is authorized or directed by a court of proper jurisdiction.

             (c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset.

             (d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse by reason of the dissolution or invalidation of marriage, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (4)(a) A person who purchases a nonprobate asset from a former spouse or other person, for value and without actual knowledge, or who receives from a former spouse or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section.

             (b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (5) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will:

             (a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account;

             (b) A payable-on-death, trust, or joint with right of survivorship bank account;

             (c) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; or

             (d) Transfer on death beneficiary designations of a transfer on death or pay on death security, if such designations are authorized under Washington law.

             (6) This section is remedial in nature and applies as of July 25, 1993, to decrees of dissolution and declarations of invalidity entered after July 24, 1993, and this section applies as of the effective date of this act to decrees of dissolution and declarations of invalidity entered before July 25, 1993.


             Sec. 3. RCW 11.08.170 and 1990 c 225 s 1 are each amended to read as follows:

             Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the presentation of any claims to the court for allowance. Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void. The department of revenue may waive the provisions of this section in its discretion. The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120(((3))) (5) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.


             NEW SECTION. Sec. 4. This chapter applies in all instances in which no other abatement scheme is expressly provided.


             NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order:

             (a) Intestate property;

             (b) Residuary gifts;

             (c) General gifts;

             (d) Specific gifts.

             For purposes of abatement a demonstrative gift, defined as a general gift charged on any specific property or fund, is deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the extent of a failure or insufficiency of that property or fund. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

             (2) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, a gift abates as may be found necessary to give effect to the intention of the testator.

             (3) If the subject of a preferred gift is sold, diminished, or exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or separate status under section 7 of this act, abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.

             (4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of the surviving spouse in the community property abate equally.

             (5) If required under section 8 of this act, nonprobate assets must abate with those disposed of under the will and passing by intestacy.


             NEW SECTION. Sec. 6. To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied.


             NEW SECTION. Sec. 7. (1) A community debt or liability is charged against the entire community property, with the surviving spouse's half and the decedent spouse's half charged equally.

             (2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied.

             (3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property.

             (4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's share of the community property.

             (5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of section 5 of this act.

             (6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of section 5 of this act, before resort is had, also in accordance with section 5 of this act, to property that is secondarily chargeable.


             NEW SECTION. Sec. 8. (1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in sections 5, 6, and 7 of this act, assigning categories in accordance with subsection (2) of this section.

             (2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in section 5(1) of this act, as follows:

             (a) All nonprobate forms of transfer under which an identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent's death, such as, but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests.

             (b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the manner that is most closely comparable to the nature of the transfer of that interest.

             (3) If and to the extent that a nonprobate asset is subject to the same obligations as are assets disposed of under the decedent's will, the nonprobate assets abate ratably with the probate assets, within the categories set out in subsection (2) of this section.

             (4) If the nonprobate instrument of transfer or the decedent's will expresses a different order of abatement, or if the decedent's overall dispositive plan or the express or implied purpose of the transfer would be defeated by the order of abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary to give effect to the intention of the decedent.


             NEW SECTION. Sec. 9. A new section is added to chapter 11.12 RCW to read as follows:

             (1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child", the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.

             (2) In determining whether an omitted child has been named or provided for, the following rules apply:

             (a) A child identified in a will by name is considered named whether identified as a child or in any other manner.

             (b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.

             (c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.

             (3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.

             (4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.-- RCW (sections 4 through 8 of this act).


             NEW SECTION. Sec. 10. A new section is added to chapter 11.12 RCW to read as follows:

             (1) If a will fails to name or provide for a spouse of the decedent whom the decedent marries after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse", the spouse must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.

             (2) In determining whether an omitted spouse has been named or provided for, the following rules apply:

             (a) A spouse identified in a will by name is considered named whether identified as a spouse or in any other manner.

             (b) A reference in a will to the decedent's future spouse or spouses, or words of similar import, constitutes a naming of a spouse whom the decedent later marries. A reference to another class such as the decedent's heirs or family does not constitute a naming of a spouse who falls within the class.

             (c) A nominal interest in an estate does not constitute a provision for a spouse receiving the interest.

             (3) The omitted spouse must receive an amount equal in value to that which the spouse would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination the court may consider, among other things, the spouse's property interests under applicable community property or quasi-community property laws, the various elements of the decedent's dispositive scheme, and a marriage settlement or other provision and provisions for the omitted spouse outside the decedent's will.

             (4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.-- RCW (sections 4 through 8 of this act).


             NEW SECTION. Sec. 11. A new section is added to chapter 11.12 RCW to read as follows:

             (1) If, after making a will, the testator's marriage is dissolved or invalidated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.

             (2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after the effective date of this act.


             Sec. 12. RCW 11.12.040 and 1965 c 145 s 11.12.040 are each amended to read as follows:

             (1) A will, or any part thereof, can be revoked:

             (((1))) (a) By a ((written)) subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or

             (((2))) (b) By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator ((himself)) or by another person in ((his)) the presence and by ((his)) the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the facts of such injury or destruction must be proved by two witnesses.

             (2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the testator's intent.


             Sec. 13. RCW 11.12.080 and 1965 c 145 s 11.12.080 are each amended to read as follows:

             (1) If, after making any will, the testator shall ((duly make and)) execute a ((second)) later will that wholly revokes the former will, the destruction, cancellation, or revocation of ((such second)) the later will shall not revive the ((first)) former will, unless it was the testator's intention to revive it.

             (2) Revocation of a codicil shall revive a prior will or part of a prior will that the codicil would have revoked had it remained in effect at the death of the testator, unless it was the testator's intention not to revive the prior will or part.

             (3) Evidence that revival was or was not intended includes, in addition to a writing by which the later will or codicil is revoked, the circumstances of the revocation or contemporary or subsequent declarations of the testator.


             Sec. 14. RCW 11.12.110 and 1965 c 145 s 11.12.110 are each amended to read as follows:

             Unless otherwise provided, when any ((estate shall be devised or bequeathed to any child, grandchild, or other relative of the testator, and such devisee or legatee shall die before the testator, having lineal descendants who survive the testator, such descendants shall take the estate, real and personal, as such devisee or legatee would have done in the case he had survived the testator; if such descendants are all in the same degree of kinship to the predeceased devisee or legatee)) property shall be given under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent leaving descendants who survive the decedent, those descendants shall take that property as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally((,)) or, if of unequal degree, then those of more remote degree shall take by representation with respect to ((such)) the predeceased ((devisee or legatee. A spouse is not a relative under the provisions of this section)) issue.


             Sec. 15. RCW 11.12.120 and 1974 ex.s. c 117 s 51 are each amended to read as follows:

             ((Whenever any person having died leaving)) (1) If a will ((which has been admitted to probate or established by an adjudication of testacy, shall by said will have given, devised or bequeathed unto any person, a legacy or a devise upon the condition that said person survive him, and not otherwise, such legacy or devise shall lapse and fall into the residue of said estate to be distributed according to the residuary clause, if there be one, of said will, and if there be none then according to the laws of descent, unless said legatee or devisee, as the case may be, or his heirs, personal representative, or someone in behalf of such legatee or devisee, shall appear before the court which is administering said estate within three years from and after the date the said will was admitted to probate or established by an adjudication of testacy, and prove to the satisfaction of the court that the said legatee or devisee, as the case may be, did in fact survive the testator)) makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution.

             (2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110, to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue.

             (3) The personal representative of the testator, a person who would be affected by the lapse or distribution of a gift under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so affected may petition the court for a determination under this section, and the petition must be heard under the procedures of chapter 11.96 RCW.


             Sec. 16. RCW 11.12.160 and 1965 c 145 s 11.12.160 are each amended to read as follows:

             ((All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto, shall be void unless there are two other competent witnesses to the same; but a mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will. If such witness, to whom any beneficial devise, legacy or gift may have been made or given, would have been entitled to any share in the testator's estate in case the will is not established, then so much of the estate as would have descended or would have been distributed to such witness shall be saved to him as will not exceed the value of the devise or bequest made to him in the will; and he may recover the same from the devisees or legatees named in the will in proportion to and out of the parts devised and bequeathed to him.)) (1) An interested witness to a will is one who would receive a gift under the will.

             (2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence.

             (3) If the presumption established under subsection (2) of this section applies and the interested witness fails to rebut it, the interested witness shall take so much of the gift as does not exceed the share of the estate that would be distributed to the witness if the will were not established.

             (4) The presumption established under subsection (2) of this section has no effect other than that stated in subsection (3) of this section.


             Sec. 17. RCW 11.12.180 and 1965 c 145 s 11.12.180 are each amended to read as follows:

             ((If any person, by last will, devise any real estate to any person for the term of such person's life, such devise vests in the devisee an estate for life, and unless the remainder is specially devised, it shall revert to the heirs at law of the testator.)) The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter 11.08 RCW, that would succeed to the designated individual's estate under chapter 11.04 RCW. The property must pass to those persons as if the designated individual had died when the distribution or transfer of the future interest was to take effect in possession or enjoyment. For purposes of this section and section 18 of this act, the designated individual's surviving spouse is deemed to be an heir, regardless of whether the surviving spouse has remarried.


             NEW SECTION. Sec. 18. A new section is added to chapter 11.12 RCW to read as follows:

             The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if:

             (1) A grantor has established in inter vivos trust of real property;

             (2) The grantor has expressly reserved a reversion to himself or herself; and

             (3) The words "heirs" or "heirs at law" are used by the grantor to describe the quality of the grantor's title in the reversion as an estate in fee simple in the event that the property reverts to the grantor.

In all other cases, language in a governing instrument describing the beneficiaries of a donative disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.


             NEW SECTION. Sec. 19. (1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of administration reasonably incurred by the personal representative in the transfer of or administration upon the asset. The beneficiary of such an asset is liable to account to the personal representative to the extent necessary to satisfy liabilities, claims, the asset's fair share of expenses of administration, and the asset's share of estate taxes under chapter 83.110 RCW. Before making demand that a beneficiary of a nonprobate asset account to the personal representative, the personal representative shall give notice to the beneficiary, in the manner provided in chapter 11.96 RCW, that the beneficiary is liable to account under this section.

             (2) The following rules govern in applying subsection (1) of this section:

             (a) A beneficiary of property passing at death under a community property agreement takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section. However, assets existing as community or separate property immediately before the decedent's death under the community property agreement are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.

             (b) A beneficiary of property held in joint tenancy form with right of survivorship, including without limitation United States savings bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section to the extent of the decedent's beneficial ownership interest in the property immediately before death.

             (c) A beneficiary of payable-on-death or trust bank accounts, bonds, securities, or similar obligations, including without limitation United States bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.

             (d) A beneficiary of deeds or conveyances made by the decedent if possession has been postponed until the death of the decedent takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.

             (e) A trust for the decedent's use of which the decedent is the grantor is subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the same extent as the trust was subject to claims of the decedent's creditors immediately before death under RCW 19.36.020.

             (f) A trust not for the use of the grantor but of which the decedent is the grantor and that becomes effective or irrevocable only upon the decedent's death is subject to the decedent's claims, liabilities, estate taxes, and expenses of administration as described in subsection (1) of this section.

             (g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community property immediately before the decedent's death are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.

             (h) The liability of a beneficiary of life insurance is governed by chapter 48.18 RCW.

             (i) The liability of a beneficiary of pension or retirement employee benefits is governed by chapter 6.15 RCW.

             (j) An inference may not be drawn from (a) through (i) of this subsection that a beneficiary of nonprobate assets other than those assets specifically described in (a) through (i) of this subsection does or does not take the assets subject to claims, liabilities, estate taxes, and administration expenses as described in subsection (1) of this section.

             (3) Nothing in this section derogates from the rights of a person interested in the estate to recover tax under chapter 83.110 RCW or from the liability of any beneficiary for estate tax under chapter 83.110 RCW.


             Sec. 20. RCW 11.20.070 and 1965 c 145 s 11.20.070 are each amended to read as follows:

             ((Whenever any will is lost or destroyed, the court may take proof of the execution and validity of such will and establish it, notice to all persons interested having been first given. Such proof shall be reduced to writing and signed by the witnesses and filed with the clerk of the court.

             No will shall be allowed to be proved as a lost or destroyed will unless it is proved to have been in existence at the time of the death of the testator, or is shown to have been destroyed, canceled or mutilated in whole or in part as a result of actual or constructive fraud or in the course of an attempt to change the will in whole or in part, which attempt has failed, or as the result of a mistake of fact, nor unless its provisions are clearly and distinctly proved by at least two witnesses, and when any such will is so established, the provisions thereof shall be distinctly stated in the judgment establishing it, and such judgment shall be recorded as wills are required to be recorded. Executors of such will or administrators with the will annexed)) (1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.

             (2) The provisions of a lost or destroyed will must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.

             (3) When a lost or destroyed will is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.


             Sec. 21. RCW 11.24.010 and 1971 c 7 s 1 are each amended to read as follows:

             If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. ((Issue shall be made up, tried and determined in said court respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of such last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of such will.)) Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.

             If no person shall appear within the time ((aforesaid)) under this section, the probate or rejection of such will shall be binding and final.


             Sec. 22. RCW 11.24.040 and 1965 c 145 s 11.24.040 are each amended to read as follows:

             If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked((, and thereupon and thereafter the powers of the executor or administrator with the will annexed shall cease, but such executor or administrator)) and to that extent the powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in good faith previous to such annulling or revoking.


             Sec. 23. RCW 11.28.120 and 1985 c 133 s 1 are each amended to read as follows:

             Administration of ((the)) an estate ((of)) if the ((person dying)) decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:

             (1) The surviving ((husband or wife)) spouse, or such person as he or she may request to have appointed.

             (2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.

             (3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the person or estate of the decedent, or attorney in fact appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.

             (4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.

             (5) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW; however, the director may waive this right.

             (((4))) (6) One or more of the principal creditors.

             (((5))) (7) If the persons so entitled shall fail for more than forty days after the death of the ((intestate)) decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there ((are)) is no ((relatives or)) next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint any suitable person to administer such estate.


             Sec. 24. RCW 11.28.237 and 1977 ex.s. c 234 s 6 are each amended to read as follows:

             Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause.


             Sec. 25. RCW 11.40.010 and 1991 c 5 s 1 are each amended to read as follows:

             Every personal representative shall, after appointment and qualification, give a notice to the creditors of the deceased, stating such appointment and qualification as personal representative and requiring all persons having claims against the deceased to serve the same on the personal representative or the estate's attorney of record, and file an executed copy thereof with the clerk of the court, within four months after the date of the first publication of such notice described in this section or within four months after the date of the filing of the copy of such notice with the clerk of the court, whichever is the later, or within the time otherwise provided in RCW 11.40.013. The four-month time period after the later of the date of the first publication of the notice to creditors or the date of the filing of such notice with the clerk of the court is referred to in this chapter as the "four-month time limitation." Such notice shall be given as follows:

             (1) The personal representative shall give actual notice, as provided in RCW 11.40.013, to such creditors who become known to the personal representative within such four-month time limitation;

             (2) The personal representative shall cause such notice to be published once in each week for three successive weeks in the county in which the estate is being administered; and

             (3) The personal representative shall file a copy of such notice with the clerk of the court.

             Except as otherwise provided in RCW 11.40.011 or 11.40.013, any claim not filed within the four-month time limitation shall be forever barred, if not already barred by any otherwise applicable statute of limitations. This bar is effective as to claims against both the decedent's probate assets and nonprobate assets as described in section 19 of this act. Proof by affidavit of the giving and publication of such notice shall be filed with the court by the personal representative.

             Acts of a notice agent in complying with chapter ..., Laws of 1994 (this act) may be adopted and ratified by the personal representative as if done by the personal representative in complying with this chapter, except that if at the time of the appointment and qualification of the personal representative a notice agent had commenced nonprobate notice to creditors under chapter 11.-- RCW (sections 31 through 48 of this act), the personal representative shall give published notice as provided in section 48 of this act.


             Sec. 26. RCW 11.40.013 and 1989 c 333 s 4 are each amended to read as follows:

             The actual notice described in RCW 11.40.010(1), as to creditors becoming known to the personal representative within the four-month time limitation, shall be given the creditors by personal service or regular first class mail, addressed to the creditor's last known address, postage prepaid. The actual notice shall be given before the later of the expiration of the four-month time limitation or thirty days after any creditor became known to the personal representative within the four-month time limitation. Any known creditor is barred unless the creditor has filed a claim, as otherwise provided in this chapter, within the four-month time limitation or within thirty days following the date of actual notice to that creditor, whichever is later. If notice is given by mail, the date of mailing shall be the date of notice. This bar is effective as to claims against both the decedent's probate assets and nonprobate assets.


             Sec. 27. RCW 11.40.015 and 1989 c 333 s 6 are each amended to read as follows:

             Notice under RCW 11.40.010 shall be in substantially the following form:

                                                                )

                     CAPTION                        )             No.

                      OF CASE                        )

                                                                )             NOTICE TO CREDITORS

                                                                )

. . . . . . .. . . . . . .. . . . . . .. . . . . . .           )

             The personal representative named below has been appointed and has qualified as personal representative of this estate. Persons having claims against the ((deceased)) decedent must, prior to the time such claims would be barred by any otherwise applicable statute of limitations, serve their claims on the personal representative or the attorneys of record at the address stated below and file an executed copy of the claim with the Clerk of this Court within four months after the date of first publication of this notice or within four months after the date of the filing of the copy of this Notice with the Clerk of the Court, whichever is later or, except under those provisions included in RCW 11.40.011 or 11.40.013, the claim will be forever barred. This bar is effective as to claims against both the probate assets and nonprobate assets of the decedent.


                          DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: . . . . . . . . . . .

                          DATE OF FIRST PUBLICATION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

                                                                        Personal Representative

                          Address

                          Attorney for Estate:

                          Address:

                          Telephone:


             Sec. 28. RCW 11.40.040 and 1974 ex.s. c 117 s 36 are each amended to read as follows:

             Every claim which has been allowed by the personal representative shall be ranked among the acknowledged debts of the estate to be paid expeditiously in the course of administration.


             Sec. 29. RCW 11.40.080 and 1988 c 64 s 22 are each amended to read as follows:

             No holder of any claim against a decedent shall maintain an action thereon, unless the claim shall have been first presented as ((herein)) provided in this chapter. Nothing in this chapter affects ((the notice under)) RCW 82.32.240.


             Sec. 30. RCW 11.48.010 and 1965 c 145 s 11.48.010 are each amended to read as follows:

             It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under section 19 of this act, in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. ((He)) The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. ((He)) The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.


             NEW SECTION. Sec. 31. (1) Subject to the conditions stated in this section and if no personal representative has been appointed and qualified in the decedent's estate in Washington, the following members of a group, defined as the "qualified group", are qualified to give "nonprobate notice to creditors" of the decedent:

             (a) Decedent's surviving spouse;

             (b) The person appointed in an agreement made under chapter 11.96 RCW to give nonprobate notice to creditors of the decedent;

             (c) The trustee, except a testamentary trustee under the will of the decedent not probated in another state, having authority over any of the property of the decedent; and

             (d) A person who has received any property of the decedent by reason of the decedent's death.

             (2) The "included property" means the property of the decedent that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death and that either:

             (a) Constitutes a nonprobate asset; or

             (b) Has been received, or is entitled to be received, either under chapter 11.62 RCW or by the personal representative of the decedent's probate estate administered outside the state of Washington, or both.

             (3) The qualified person shall give the nonprobate notice to creditors. The "qualified person" must be:

             (a) The person in the qualified group who has received, or is entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property; or

             (b) If there is no person in (a) of this subsection, then the person who has been appointed by those persons, including any successors of those persons, in the qualified group who have received, or are entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property.

             (4) The requirement in subsection (3) of this section of the receipt of all, or substantially all, of the included property is satisfied if:

             (a) The person described in subsection (3)(a) of this section at the time of the filing of the declaration and oath referred to in subsection (5) of this section in reasonable good faith believed that the person had received, or was entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property; or

             (b) The persons described in subsection (3)(b) of this section at the time of their entry into the agreement under chapter 11.96 RCW in which they appoint the person to give the nonprobate notice to creditors in reasonable good faith believed that they had received, or were entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property.

             (5) The "notice agent" means the qualified person who:

             (a) Files a declaration and oath with the clerk of the superior court in a county in which probate may be commenced regarding the decedent as provided in RCW 11.96.050(2);

             (b) Pays a filing fee to the clerk equal in amount to the filing fee charged by the clerk for the probate of estates; and

             (c) Receives from the clerk a cause number.

             The county in which the notice agent files the declaration is the "notice county." The declaration and oath must be made in affidavit form or under penalty of perjury under the laws of the state in the form provided in RCW 9A.72.085 and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person faithfully will execute the duties of the notice agent as provided in this chapter.

             (6) The following persons may not act as notice agent:

             (a) Corporations, trust companies, and national banks, except:

             (i) Professional service corporations that are regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys; and

             (ii) Other corporations, trust companies, and national banks that are authorized to do trust business in this state;

             (b) Minors;

             (c) Persons of unsound mind; or

             (d) Persons who have been convicted of a felony or of a misdemeanor involving moral turpitude.

             (7) A person who has given notice under this chapter and who thereafter becomes of unsound mind or is convicted of a crime or misdemeanor involving moral turpitude is no longer qualified to act as notice agent under this chapter. The disqualification does not bar another person, otherwise qualified, from acting as notice agent under this chapter.

             (8) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county or who is attorney of record for the notice agent upon whom service of all papers may be made. The appointment must be made in writing and filed by the clerk of the notice county with the other papers relating to the notice given under this chapter.

             (9) The powers and authority of a notice agent cease, and the office of notice agent becomes vacant, upon the appointment and qualification of a personal representative for the estate of the decedent. Except as provided in section 48 of this act, the cessation of the powers and authority does not affect a published notice under this chapter if the publication commenced before the cessation and does not affect actual notice to creditors given by the notice agent before the cessation.


             NEW SECTION. Sec. 32. (1) The notice agent may give nonprobate notice to the creditors of the decedent if:

             (a) As of the date of the filing of a copy of the notice with the clerk of the superior court for the notice county, the notice agent has no knowledge of the appointment and qualification of a personal representative in the decedent's estate in the state of Washington or of another person becoming a notice agent; and

             (b) According to the records of the clerk of the superior court for the notice county as of 8:00 a.m. on the date of the filing, no personal representative of the decedent's estate had been appointed and qualified and no cause number regarding the decedent had been issued to any other notice agent by the clerk under section 31 of this act.

             (2) The notice must state that all persons having claims against the decedent shall: (a) Serve the same on the notice agent if the notice agent is a resident of the state of Washington upon whom service of all papers may be made, or on the nonprobate resident agent for the notice agent, if any, or on the attorneys of record of the notice agent at their respective address in the state of Washington; and (b) file an executed copy of the notice with the clerk of the superior court for the notice county, within: (i) (A) Four months after the date of the first publication of the notice described in this section; or (B) four months after the date of the filing of the copy of the notice with the clerk of the superior court for the notice county, whichever is later; or (ii) the time otherwise provided in section 35 of this act. The four-month time period after the later of the date of the first publication of the notice to creditors or the date of the filing of the notice with the clerk of the court is referred to in this chapter as the "four-month time limitation."

             (3) The notice agent shall declare in the notice in affidavit form or under the penalty of perjury under the laws of the state of Washington as provided in RCW 9A.72.085 that: (a) The notice agent is entitled to give the nonprobate notice under subsection (1) of this section; and (b) the notice is being given by the notice agent as permitted by this section.

             (4) The notice agent shall sign the notice and file it with the clerk of the superior court for the notice county. The notice must be given as follows:

             (a) The notice agent shall give actual notice as to creditors of the decedent who become known to the notice agent within the four-month time limitation as required in section 35 of this act;

             (b) The notice agent shall cause the notice to be published once in each week for three successive weeks in the notice county; and

             (c) The notice agent shall file a copy of the notice with the clerk of the superior court for the notice county.

             (5) A claim not filed within the four-month time limitation is forever barred, if not already barred by an otherwise applicable statute of limitations, except as provided in section 33 or 35 of this act. The bar is effective to bar claims against both the probate estate of the decedent and nonprobate assets that were subject to satisfaction of the decedent's general liabilities immediately before the decedent's death. If a notice to the creditors of a decedent is published by more than one notice agent and the notice agents are not acting jointly, the four-month time limitation means the four-month time limitation that applies to the notice agent who first publishes the notice. Proof by affidavit or perjury declaration made under RCW 9A.72.085 of the giving and publication of the notice must be filed with the clerk of the superior court for the notice county by the notice agent.


             NEW SECTION. Sec. 33. The time limitations under this chapter for serving and filing claims do not accrue to the benefit of a liability or casualty insurer as to claims against either the decedent or the marital community of which the decedent was a member, or both, and:

             (1) The claims, subject to applicable statutes of limitation, may at any time be: (a) Served on the duly acting notice agent, the duly acting resident agent for the notice agent, or on the attorney for either of them; and (b) filed with the clerk of the superior court for the notice county; or

             (2) If there is no duly acting notice agent or resident agent for the notice agent, the claimant as a creditor shall proceed as provided in chapter 11.40 RCW. However, if no personal representative ever has been appointed for the decedent, a personal representative must be appointed as provided in chapter 11.28 RCW and the estate opened, in which case the claimant then shall proceed as provided in chapter 11.40 RCW.

             A claim may be served and filed as provided in this section, notwithstanding that there is no duly acting notice agent and that no personal representative previously has been appointed. However, the amount of recovery under the claim may not exceed the amount of applicable insurance coverages and proceeds, and the claim so served and filed may not constitute a cloud or lien upon the title to the assets of the decedent or delay or prevent the transfer or distribution of assets of the decedent. This section does not serve to extend the applicable statute of limitations regardless of whether a declaration and oath has been filed by a notice agent as provided in section 31 of this act.


             NEW SECTION. Sec. 34. The notice agent shall exercise reasonable diligence to discover, within the four-month time limitation, reasonably ascertainable creditors of the decedent. The notice agent is deemed to have exercised reasonable diligence to ascertain the creditors upon:

             (1) Conducting, within the four-month time limitation, a reasonable review of the decedent's correspondence including correspondence received after the date of death and financial records including checkbooks, bank statements, income tax returns, and similar materials, that are in the possession of, or reasonably available to, the notice agent; and

             (2) Having made, with regard to claimants, inquiry of the nonprobate takers of the decedent's property and of the presumptive heirs, devisees, and legatees of the decedent, all of whose names and addresses are known, or in the exercise of reasonable diligence should have been known, to the notice agent.

             If the notice agent conducts the review and makes an inquiry, the notice agent is presumed to have exercised reasonable diligence to ascertain creditors of the decedent, and creditors not ascertained in the review or in an inquiry are presumed not reasonably ascertainable. These presumptions may be rebutted only by clear, cogent, and convincing evidence. The notice agent may evidence the review and inquiry by filing an affidavit or declaration under penalty of perjury form as provided in RCW 9A.72.085 to the effect in the nonprobate proceeding in the notice county. The notice agent also may petition the superior court of the notice county for an order declaring that the notice agent has made a review and inquiry and that only creditors known to the notice agent after the review and inquiry are reasonably ascertainable. The petition and hearing must be under the procedures provided in chapter 11.96 RCW, and the notice specified under RCW 11.96.100 must also be given by publication.


             NEW SECTION. Sec. 35. The actual notice described in section 32(4)(a) of this act, as to a creditor becoming known to the notice agent within the four-month time limitation, must be given the creditor by personal service or regular first class mail, addressed to the creditor's last known address, postage prepaid. The actual notice must be given before the later of the expiration of the four-month time limitation or thirty days after a creditor became known to the notice agent within the four-month time limitation. A known creditor is barred unless the creditor has filed a claim, as provided in this chapter, within the four-month time limitation or within thirty days following the date of actual notice to that creditor, whichever is later. If notice is given by mail, the date of mailing is the date of notice. This bar is effective as to claims against the included property as defined in section 31 of this act.


             NEW SECTION. Sec. 36. (1) Whether or not notice under section 32 of this act has been given or should have been given, if no personal representative has been appointed and qualified, a person having a claim against the decedent who has not filed the claim within eighteen months from the date of the decedent's death is forever barred from making a claim against the decedent, or commencing an action against the decedent, if the claim or action is not already barred by any otherwise applicable statute of limitations. However, this eighteen-month limitation does not apply to:

             (a) Claims described in section 33 of this act;

             (b) A claim if, during the eighteen-month period following the date of death, partial performance has been made on the obligation underlying the claim, and the notice agent has not given the actual notice described in section 32(4)(a) of this act; or

             (c) Claims if, within twelve months after the date of death:

             (i) No notice agent has given the published notice described in section 32(4)(b) of this act; and

             (ii) No personal representative has given the published notice described in RCW 11.40.010(2).

             Any otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190.

             (2) Claims referred to in this section must be filed if there is no duly appointed, qualified, and acting personal representative and there is a duly declared and acting notice agent or resident agent for the notice agent. The claims, subject to applicable statutes of limitation, may at any time be served on the duly declared and acting notice agent or resident agent for the notice agent, or on the attorney for either of them.

             (3) A claim to be filed under this chapter if there is no duly appointed, qualified, and acting personal representative but there is a duly declared and acting notice agent or resident agent for the notice agent and which claim is not otherwise barred under this chapter must be made in the form and manner provided under section 32 of this act, as if the notice under that section had been given.


             NEW SECTION. Sec. 37. Notice under section 32 of this act must be in substantially the following form:


In the Matter of                                        )

                                                                 ) No.

                                                                 )

                                                                 ) NONPROBATE NOTICE TO CREDITORS

                                       Deceased.         )

______________________________)


             _________________________________________, the undersigned Notice Agent, has elected to give notice to creditors of the decedent above named under section 32 of this act. As of the date of the filing of a copy of this notice with the Clerk of this Court, the Notice Agent has no knowledge of the appointment and qualification of a personal representative in the decedent's estate in the state of Washington or of any other person becoming a Notice Agent. According to the records of the Clerk of this Court as of 8:00 a.m. on the date of the filing of this notice with the Clerk, no personal representative of the decedent's estate had been appointed and qualified and no cause number regarding the decedent had been issued to any other Notice Agent by the Clerk of this Court under section 31 of this act.

             Persons having claims against the decedent named above must, before the time the claims would be barred by any otherwise applicable statute of limitations, serve their claims on: The notice agent if the Notice Agent is a resident of the state of Washington upon whom service of all papers may be made; the Nonprobate Resident Agent for the Notice Agent, if any; or the attorneys of record for the Notice Agent at the respective address in the state of Washington listed below, and file an executed copy of the claim with the Clerk of this Court within four months after the date of first publication of this notice, or within four months after the date of the filing of the copy of this notice with the Clerk of the Court, whichever is later, or, except under those provisions included in section 33 or 35 of this act, the claim will be forever barred. This bar is effective as to all assets of the decedent that were subject to satisfaction of the decedent's general liabilities immediately before the decedent's death regardless of whether those assets are or would be assets of the decedent's probate estate or nonprobate assets of the decedent.

 

Date of filing of this notice with the

Clerk of the Court: ____________________


             Date of first publication of this notice: ____________________


             The Notice Agent declares under penalty of perjury under the laws of the State of Washington on __________________, 19___ at [City] , [State] that the foregoing is true and correct.


____________________________ ______________________________________

Notice Agent [signature]                         Nonprobate Resident Agent [if appointed]

[address in Washington, if any]               [address in Washington]


_________________________

Attorney for Notice Agent

[address in Washington]

[telephone]


             NEW SECTION. Sec. 38. RCW 11.40.020 applies to claims subject to this chapter.


             NEW SECTION. Sec. 39. (1) Property of the decedent that was subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death is liable for claims. The property includes, but is not limited to, property of the decedent that is includable in the decedent's probate estate, whether or not there is a probate administration of the decedent's estate.

             (2) A claim approved by the notice agent, and a judgment on a claim first prosecuted against a notice agent, may be paid only out of assets received as a result of the death of the decedent by the notice agent or by those appointing the notice agent under chapter 11.96 RCW, except as may be provided by agreement under RCW 11.96.170 or by court order under RCW 11.96.070.


             NEW SECTION. Sec. 40. (1) The notice agent shall approve or reject claims no later than by the end of a period that is two months after the end of the four-month time limitation defined as the "review period."

             (2) The notice agent may approve a claim, in whole or in part.

             (3) If the notice agent rejects a claim, in whole or in part, the notice agent shall notify the claimant of the rejection and file in the office of the clerk of the court in the notice county an affidavit or declaration under penalty of perjury under RCW 9A.72.085 showing the notification and the date of the notification. The notification must be by personal service or certified mail addressed to the claimant at the claimant's address as stated in the claim. If a person other than the claimant signed the claim for or on behalf of the claimant, and the person's business address as stated in the claim is different from that of the claimant, notification of the rejection also must be made by personal service or certified mail upon that person. The date of the postmark is the date of the notification. The notification of the rejection must advise the claimant, and the person making claim on his, her, or its behalf, if any, that the claimant must bring suit in the proper court in the notice county against the notice agent: (a) Within thirty days after notification of rejection if the notification is made during or after the review period; or (b) before expiration of thirty days after the end of the four-month time limitation, if the notification is made during the four-month time limitation, and that otherwise the claim is forever barred.

             (4) A claimant whose claim either has been rejected by the notice agent or has not been acted upon within twenty days of written demand for the action having been given to the notice agent by the claimant during or after the review period must commence an action against the notice agent in the proper court in the notice county to enforce the claim of the claimant within the earlier of:

             (a) If the notice of the rejection of the claim has been sent as provided in subsection (3) of this section: The time for filing an action on a rejected claim is as provided in subsection (3) of this section; or

             (b) If written demand for approval or rejection is made on the notice agent before the claim is rejected: Within 30 days following the end of the twenty-day written demand period where the demand period ends during or after the review period;

otherwise the claim is forever barred.

             (5) The notice agent may, either before or after rejection of a claim, compromise the claim, whether due or not, absolute or contingent, liquidated or unliquidated.

             (6) A personal representative of the decedent's estate may revoke either or both of: (a) The rejection of a claim that has been rejected by the notice agent; or (b) the approval of a claim that has been either approved or compromised by the notice agent, or both.

             (7) If a notice agent pays a claim that subsequently is revoked by a personal representative of the decedent, the notice agent may file a claim in the decedent's estate for the notice agent's payment, and the claim may be allowed or rejected as other claims, at the election of the personal representative.

             (8) If the notice agent has not received substantially all assets of the decedent that are liable for claims, then although an action may be commenced on a rejected claim by a creditor against the notice agent, the notice agent, notwithstanding any provision in this chapter, may only make an appearance in the litigation. The Notice Agent may not answer the action, but must, instead, cause a petition to be filed for the appointment of a personal representative of the decedent within thirty days of the service of the creditor's summons and complaint on the notice agent. A judgment may not be entered in an action brought by a creditor against the notice agent earlier than twenty days after the duly appointed, qualified, and acting personal representative of the decedent has been substituted in that action for the notice agent.


             NEW SECTION. Sec. 41. If a claim has been filed and presented to a notice agent, and a part of the claim is allowed, the amount of the allowance must be stated in the indorsement. If the creditor refuses to accept the amount so allowed in satisfaction of the claim, the creditor may not recover costs in an action the creditor may bring against the notice agent and against any substituted personal representative unless the creditor recovers a greater amount than that offered to be allowed, exclusive of interest and costs.


             NEW SECTION. Sec. 42. A debt of a decedent for whose estate no personal representative has been appointed must be paid in the following order by the notice agent from the assets of the decedent that are subject to the payment of claims as provided in section 39 of this act:

             (1) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent, the resident agent for the notice agent, if any, reasonable attorneys' fees for the attorney for each of them, filing fees, publication costs, mailing costs, and similar costs and fees.

             (2) Funeral expenses in a reasonable amount.

             (3) Expenses of the last sickness in a reasonable amount.

             (4) Wages due for labor performed within sixty days immediately preceding the death of the decedent.

             (5) Debts having preference by the laws of the United States.

             (6) Taxes or any debts or dues owing to the state.

             (7) Judgments rendered against the decedent in the decedent's lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the decedent and debts secured by mortgages in the order of their priority. However, the real estate is subject to the payment of claims as provided in section 40 of this act.

             (8) All other demands against the assets subject to the payment of claims as provided in section 40 of this act.

             A claim of the notice agent or other person who has received property by reason of the decedent's death may not be paid by the notice agent unless all other claims that have been filed under this chapter, and all debts having priority to the claim, are paid in full or otherwise settled by agreement, regardless of whether the other claims are allowed or rejected, or partly allowed or partly rejected. In the event of the probate of the decedent's estate, the personal representative's payment from estate assets of the claim of the notice agent or other person who has received property by reason of the decedent's death is not affected by the priority payment provisions of this section.


             NEW SECTION. Sec. 43. The notice agent may not allow a claim that is barred by the statute of limitations.


             NEW SECTION. Sec. 44. A holder of a claim against a decedent may not maintain an action on the claim against a notice agent, unless the claim has been first presented as provided in this chapter. This chapter does not affect RCW 82.32.240.


             NEW SECTION. Sec. 45. The time during which there is a vacancy in the office of notice agent is not included in a limitation prescribed in this chapter.


             NEW SECTION. Sec. 46. If a judgment has been rendered against a decedent in the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent, but the judgment must be presented in the form of a claim to the notice agent, if any, as any other claim. The claim need not be supported by the affidavit of the claimant. If the claim is justly due and unsatisfied, it must be paid in due course in accordance with this chapter for the payment of claims. However, if the judgment is a lien on property classified within the definition of the included property in section 31 of this act, the property may be sold for the satisfaction of the judgment, and the officer making the sale shall account to the notice agent for any surplus.


             NEW SECTION. Sec. 47. The personal claim of a Notice Agent, as a creditor of the decedent, must be authenticated by affidavit, and must be filed and presented for allowance to the superior court in the notice county. The allowance of the claim by the court is sufficient evidence of the correctness of the claim.


             NEW SECTION. Sec. 48. In case the office of notice agent becomes vacant for any reason, including resignation, death, removal, or replacement, after notice by publication has been commenced as provided in section 32 of this act, the personal representative of the decedent or the successor notice agent shall publish notice of the vacancy and succession for two successive weeks in a legal newspaper published in the notice county. The time between the commencement of the vacancy and the publication by the successor notice agent or personal representative must be added to the time within which claims must be filed: (1) As fixed by the first published nonprobate notice to creditors; and (2) as extended in the case of actual notice under section 35 of this act, unless the time expired before the vacancy. Notice is not required if the period for filing claims has expired during the time that the former notice agent was qualified.


             Sec. 49. RCW 11.56.050 and 1965 c 145 s 11.56.050 are each amended to read as follows:

             If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine necessary for the purposes aforesaid. Such order shall give a particular description of the property to be sold and the terms of such sale and shall provide whether such property shall be sold at public or private sale, or by negotiation. ((The court shall order sold that part of the real estate which is generally devised, rather than any part which may have been specifically devised, but the court may, if it appears necessary, sell any or all of the real estate so devised.)) After the giving of such order it shall be the duty of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided with reference to the public or private sales of real estate.


             Sec. 50. RCW 11.68.010 and 1977 ex.s. c 234 s 18 are each amended to read as follows:

             Subject to the provisions of this chapter, if the estate of a decedent, who died either testate or intestate, is solvent taking into account both probate and nonprobate assets of the decedent, and if the personal representative is other than a creditor of the decedent not designated as personal representative in the decedent's will, such estate shall be managed and settled without the intervention of the court; the fact of solvency shall be established by the entry of an order of solvency. An order of solvency may be entered at the time of the appointment of the personal representative or at any time thereafter where it appears to the court by the petition of the personal representative, or the inventory filed, and/or other proof submitted, that the estate of the decedent is solvent, and that notice of the application for an order of solvency has been given to those persons entitled thereto when required by RCW 11.68.040 as now or hereafter amended.


             Sec. 51. RCW 11.96.009 and 1985 c 31 s 2 are each amended to read as follows:

             (1) The superior court shall have original subject-matter jurisdiction over ((probates in the following instances)) the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:

             (a) When a resident of the state dies; or

             (b) When a nonresident of the state dies in the state; or

             (c) When a nonresident of the state dies outside the state.

             (2) The superior court shall have original subject-matter jurisdiction over trusts and ((trust)) matters relating to trusts.

             (3) The superior courts in the exercise of their jurisdiction of matters of ((probate and)) trusts and estates shall have the power to probate or refuse to probate wills, appoint personal representatives ((of deceased, incompetent, or disabled persons and)), administer and settle ((all such estates, and)) the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' estates only containing nonprobate assets, administer and settle matters that relate to nonprobate assets and arise under chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act), administer and settle all trusts and trust matters, award processes and cause to come before them all persons whom they may deem it necessary to examine, and order and cause to be issued all such writs as may be proper or necessary, and do all things proper or incident to the exercise of such jurisdiction.


             Sec. 52. RCW 11.96.020 and 1985 c 31 s 3 are each amended to read as follows:

             It is the intention of ((this title)) the legislature that the courts ((mentioned)) shall have full and ample power and authority under this title to:

             (1) Administer and settle ((all estates of decedents and incompetent and disabled persons in this title mentioned and to)) the affairs and the estates of all incapacitated, missing, and deceased persons in accordance with this title;

             (2) Administer and settle all trusts and trust matters; and

             (3) Administer and settle matters arising with respect to nonprobate assets under chapters 11.-- (section 19 of this act) and 11.-- RCW (sections 31 through 48 of this act).

             If the provisions of this title with reference to the administration and settlement of such ((estates or trusts)) matters should in any cases and under any circumstances be inapplicable ((or)), insufficient, or doubtful, the court shall nevertheless have full power and authority to proceed with such administration and settlement in any manner and way which to the court seems right and proper, all to the end that such ((estates or trusts may be by the court administered upon and settled)) matters may be administered and settled by the court.


             Sec. 53. RCW 11.96.050 and 1985 c 31 s 6 are each amended to read as follows:

             For purposes of venue in proceedings involving: The probate of wills; the administration and disposition of estates of incapacitated, missing, or deceased individuals, including but not limited to estates only containing nonprobate assets; or trusts and trust matters, the following shall apply:

             (1) Proceedings under Title 11 RCW pertaining to trusts shall be commenced ((either)):

             (a) In the superior court of the county in which the situs of the trust is located as provided in RCW 11.96.040; or

             (b) ((In the superior court of the county in which a trustee resides or has its principal place of business; or

             (c))) With respect to testamentary trusts, in the superior court of the county where letters testamentary were granted to a personal representative((, and in the absence of)) or, where no such letters have been granted to a personal representative, then in any county where letters testamentary could have been granted in accordance with subsection (2) of this section.

             (2) Wills shall be proven, letters testamentary or of administration granted, and other proceedings pertaining to the probate of wills, the administration and disposition of estates including but not limited to estates containing only nonprobate assets under Title 11 RCW ((pertaining to probate)) shall be commenced((, either)):

             (a) In the county in which the decedent was a resident at the time of death;

             (b) In the county in which the decedent died, or in which any part of the estate may be, if the decedent was not a resident of this state; ((or))

             (c) In the county in which any part of the estate may be, if the decedent ((having)) died out-of-state((,)) and was not ((having been)) a resident ((in)) of this state at the time of death; or

             (d) In the county in which any nonprobate asset may be, if the decedent died out-of-state, was not a resident of this state at the time of death, and left no assets subject to probate administration in this state.

             (3) No action undertaken is defective or invalid because of improper venue if the court has jurisdiction of the matter.


             Sec. 54. RCW 11.96.060 and 1985 c 31 s 7 are each amended to read as follows:

             (1) Any action against the trustee of an express trust, excluding those trusts excluded from the definition of express trusts under RCW 11.98.009, but including all express trusts, whenever executed, for any breach of fiduciary duty, must be brought within three years from the earlier of (a) the time the alleged breach was discovered or reasonably should have been discovered, (b) the discharge of a trustee from the trust as provided in RCW ((11.98.040)) 11.98.041, or (c) the time of termination of the trust or the trustee's repudiation of the trust.

             (2) Any action by an heir, legatee, or other interested party, to whom proper notice was given if required, against a personal representative for alleged breach of fiduciary duty must be brought prior to discharge of the personal representative.

             (3) The tolling provisions of RCW 4.16.190 apply to this chapter except that the running of any statute of limitations stated in subsection (1) or (2) of this section, or any other applicable statute of limitations for any matter that is the subject of dispute under chapter 11.96 RCW, is not tolled if the unascertained or unborn heir, beneficiary, or class of persons, or minor((, incompetent, or disabled)) or incapacitated person, or person identified in RCW 11.96.170(2) or 11.96.180 whose identity or address is unknown, had a guardian ad litem, limited or general guardian of the estate, or a special representative to represent the person during the probate or dispute resolution proceeding.

             (((4) Notwithstanding subsections (2) and (3) of this section, any cause of action against a trustee of an express trust, as provided for in subsection (1) of this section is not barred by the statute of limitations if it is brought within three years from January 1, 1985. In addition, any action as specified in subsection (2) of this section against the personal representative is not barred by this statute of limitations if it is brought within one year of January 1, 1985.))


             Sec. 55. RCW 11.96.070 and 1990 c 179 s 1 are each amended to read as follows:

             ((A trustor, grantor, personal representative, trustee, or other fiduciary, creditor, devisee, legatee, heir, or trust beneficiary interested in the administration of a trust, or the attorney general in the case of a charitable trust under RCW 11.110.120, or of the estate of a decedent, incompetent, or disabled person,)) (1) A person with an interest in or right respecting the administration, settlement, or disposition of an interest in a trust or in the estate of an incapacitated, missing, or deceased person may have a judicial proceeding for the declaration of rights or legal relations ((in respect to the trust or estate)) under this title including but not limited to the following:

             (((1) To ascertain)) (a) The ascertaining of any class of creditors, devisees, legatees, heirs, next of kin, or others;

             (((2) To direct)) (b) The ordering of the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;

             (((3) To determine)) (c) The determination of any question arising in the administration of the estate or trust, including without limitation questions of construction of wills and other writings;

             (((4) To confer upon)) (d) The grant to the personal representatives or trustees of any necessary or desirable powers not otherwise granted in the instrument or given by law that the court determines are not inconsistent with the provisions or purposes of the will or trust;

             (((5) To amend or conform)) (e) The modification of the will or the trust instrument in the manner required to qualify the gift thereunder for the charitable estate tax deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust as required by final regulations and rulings of the United States internal revenue service, in any case in which all parties interested in the trust have submitted written agreements to the proposed changes or written disclaimer of interest; ((or

             (6) To amend or conform)) (f) The modification of the will or the trust instrument in the manner required to qualify any gift thereunder for the benefit of a surviving spouse who is not a citizen of the United States for the estate tax marital deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a qualified domestic trust under section 2056A of the internal revenue code as required by final regulations and rulings of the United States treasury department or internal revenue service, in any case in which all parties interested in the trust have submitted written agreements to the proposed changes or written disclaimer of interest; ((or

             (7) To resolve any other matter in this title referencing this judicial proceedings section.)) (g) The determination of the persons entitled to notice under RCW 11.96.100 and 11.96.110 for the purposes of any judicial proceeding under this subsection (1) and for the purposes of an agreement under RCW 11.96.170; or

             (h) The resolution of any other matter that arises under this title and references this section.

             (2) Any person with an interest in or right respecting the administration of a nonprobate asset under this title may have a judicial proceeding for the declaration of rights or legal relations under this title with respect to the nonprobate asset, including without limitation the following:

             (a) The ascertaining of any class of creditors or others for purposes of chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act);

             (b) The ordering of a qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.-- RCW (sections 31 through 48 of this act), or any combination of them, to do or abstain from doing any particular act with respect to a nonprobate asset;

             (c) The ordering of a custodian of any of the decedent's records relating to a nonprobate asset to do or abstain from doing any particular act with respect to those records;

             (d) The determination of any question arising in the administration under chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act) of a nonprobate asset;

             (e) The determination of the persons entitled to notice under RCW 11.96.100 and 11.96.110 for the purposes of any judicial proceeding under this subsection (2) and for the purposes of an agreement under RCW 11.96.170; and

             (f) The determination of any questions relating to the abatement, rights of creditors, or other matter relating to the administration, settlement, or final disposition of a nonprobate asset under this title.

             (3) The provisions of this chapter apply to disputes arising in connection with estates of ((incompetents or disabled)) incapacitated persons unless otherwise covered by chapters 11.88 and 11.92 RCW. The provisions of this chapter shall not supersede the otherwise applicable provisions and procedures of chapter 11.24, 11.28, 11.40, 11.52, 11.56, or 11.60 RCW with respect to any rights or legal obligations that are subject to those chapters.

             (4) For the purposes of this section, "a person with an interest in or right respecting the administration, settlement, or disposition of an interest in a trust or in the estate of an incapacitated, missing, or deceased person" includes but is not limited to:

             (a) The trustor if living, trustee, beneficiary, or creditor of a trust and, for a charitable trust, the attorney general if acting within the powers granted under RCW 11.110.120;

             (b) The personal representative, heir, devisee, legatee, and creditor of an estate;

             (c) The guardian, guardian ad litem, and ward of a guardianship, and a creditor of an estate subject to a guardianship; and

             (d) Any other person with standing to sue with respect to any of the matters for which judicial proceedings are authorized in subsection (1) of this section.

             (5) For the purposes of this section, "any person with an interest in or right respecting the administration of a nonprobate asset under this title" includes but is not limited to:

             (a) The notice agent, the resident agent, or a qualified person, as those terms are defined in chapter 11.-- RCW (sections 31 through 48 of this act);

             (b) The recipient of the nonprobate asset with respect to any matter arising under this title;

             (c) Any other person with standing to sue with respect to any matter for which judicial proceedings are authorized in subsection (2) of this section; and

             (d) The legal representatives of any of the persons named in this subsection.


             Sec. 56. RCW 11.96.080 and 1985 c 31 s 9 are each amended to read as follows:

             Unless rules of court or a provision of this title requires otherwise, a judicial proceeding under RCW 11.96.070 may be commenced by petition. The court shall make an order fixing the time and place for hearing the petition. The court shall approve the form and content of the notice. Notice of hearing shall be signed by the clerk of the court.


             Sec. 57. RCW 11.96.090 and 1985 c 31 s 10 are each amended to read as follows:

             The clerk of each of the superior courts is authorized to fix the time of hearing of all applications, petitions and reports in probate and guardianship proceedings, except the time for hearings upon show cause orders and citations and except for the time of hearings set under RCW 11.96.080. The authority ((herein)) granted in this section is in addition to the authority vested in the superior courts and superior court commissioners.


             Sec. 58. RCW 11.96.100 and 1985 c 31 s 11 are each amended to read as follows:

             (1) Subject to RCW 11.96.110, in all judicial proceedings under Title 11 RCW that require notice, such notice shall be personally served ((or mailed to each trustee, personal representative, heir, beneficiary including devisees, legatees, and heirs, guardian ad litem, and person having an interest in the trust or estate whose name and address are known to the petitioner)) on or mailed to all parties to the dispute at least twenty days prior to the hearing on the petition((,)) unless ((otherwise)) a different period is provided by statute or ordered by the court under RCW 11.96.080.

             (2) Proof of ((such)) the service or mailing required in this section shall be made by affidavit filed at or before the hearing.

             ((In addition, notice shall also be given to)) (3) For the purposes of this section:

             (a) When used in connection with a judicial proceeding under RCW 11.96.070(1), "parties to the dispute" means each:

             (i) Trustor if living;

             (ii) Trustee;

             (iii) Personal representative;

             (iv) Heir;

             (v) Beneficiary including devisees, legatees, and trust beneficiaries;

             (vi) Guardian ad litem; or

             (vii) Other person

who has an interest in the subject of the particular proceeding and whose name and address are known to, or are reasonably ascertainable by, the petitioner, and also includes the attorney general if required under RCW 11.110.120.

             (b) When used in connection with a judicial proceeding under RCW 11.96.070(2), "parties to the dispute" means each notice agent, if any, or other person, who has an interest in the subject of the particular proceeding and whose name and address are known to, or are reasonably ascertainable by, the petitioner, and also includes the personal representatives of the estate of the owner of the nonprobate asset that is the subject of the particular proceeding, if the subject of the particular proceeding relates to the beneficiary's liability to a decedent's estate or creditors under section 19 of this act.

             (c) "Notice agent" has the meanings given in section 31 of this act.


             Sec. 59. RCW 11.96.110 and 1985 c 31 s 12 are each amended to read as follows:

             Notwithstanding provisions of this chapter to the contrary, there is compliance with the ((notice)) requirements of Title 11 RCW for notice to the beneficiaries of, ((or)) and other persons interested in, an estate ((or)), a trust, or ((to beneficiaries or remaindermen)) a nonprobate asset, including without limitation all living persons who may participate in the corpus or income of the trust or estate, if notice is given as follows:

             (1) If an interest in an estate ((or)), trust, or nonprobate asset has been given to persons who compose a certain class upon the happening of a certain event, notice shall be given to the living persons who would constitute the class if the event had happened immediately before the commencement of the proceeding requiring notice.

             (2) If an interest in an estate ((or)), trust, or nonprobate asset has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or to persons who are, or may be, the distributees, heirs, issue, or other kindred of that living person upon the happening of a future event, notice shall be given to that living person.

             (3) Except as otherwise provided in subsection (2) of this section, if an interest in an estate ((or)), trust, or nonprobate asset has been given to a person, a class of persons, or both upon the happening of any future event, and the same interest or a share of such interest is to pass to another person, class of persons, or both, upon the happening of an additional future event, notice shall be given to the living person or persons who would take the interest upon the happening of the first event.

             (4) Notice shall be given to persons who would not otherwise be entitled to notice by law if a conflict of interest involving the subject matter of the ((trust or estate)) proceeding relating to an estate, trust, or nonprobate asset is known to exist between a person to whom notice is given and a person to whom notice need not be given under Title 11 RCW.

             Any action taken by the court is conclusive and binding upon each person receiving actual or constructive notice in the manner provided in this section.


             Sec. 60. RCW 11.96.130 and 1985 c 31 s 14 are each amended to read as follows:

             All issues of fact ((joined in probate or trust proceedings)) in any judicial proceeding under this title shall be tried in conformity with the requirements of the rules of practice in civil actions((. The probate or trust)), except as otherwise provided by statute or ordered by the court under RCW 11.96.030 or other applicable law or rules of court. The judicial proceeding may be commenced as a new action or as an action incidental to an existing ((probate or trust)) judicial proceeding relating to the same trust or estate or nonprobate asset. Once commenced, the action may be consolidated with an existing ((probate or trust)) proceeding or converted to a separate action upon the motion of any party for good cause shown, or by the court on its own motion. If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If no jury is demanded, the court shall try the issues ((joined)), and sign and file its findings and decision in writing, as provided for in civil actions. Judgment on the ((issue joined)) issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.


             Sec. 61. RCW 11.96.140 and 1985 c 31 s 15 are each amended to read as follows:

             Either the superior court or the court on appeal, may, in its discretion, order costs, including ((attorneys)) attorneys' fees, to be paid by any party to the proceedings or out of the assets of the estate or trust or nonprobate asset, as justice may require.


             Sec. 62. RCW 11.96.160 and 1988 c 202 s 19 are each amended to read as follows:

             Any interested party may seek appellate review of any final order, judgment, or decree of the court((, and such)) respecting any judicial proceedings under this title. The review shall be in the manner and way provided by law for appeals in civil actions.


             Sec. 63. RCW 11.96.170 and 1988 c 29 s 7 are each amended to read as follows:

             (1) If((, as to the)) all required parties to the dispute agree as to a matter in dispute, the ((trustor, grantor, all parties beneficially interested in the estate or trust with respect to such matter, and any current fiduciary of such estate or trust, who are also included in RCW 11.96.070 and who are entitled to notice under RCW 11.96.100 and 11.96.110 agree on any matter listed in RCW 11.96.070 or any other matter in Title 11 RCW referencing this nonjudicial resolution procedure, then the)) agreement shall be evidenced by a written agreement executed by all ((necessary persons as provided in this section)) required parties to the dispute. Those persons may reach an agreement concerning a matter in RCW 11.96.070(((4))) (1)(d) as long as those persons, rather than the court, determine that the powers to be conferred are not inconsistent with the provisions or purposes of the will or trust.

             (2) If necessary, ((the personal representative or trustee)) any one or more of the required parties to the dispute may petition the court for the appointment of a special representative to represent a ((person interested in the estate or trust who is a minor, incompetent, disabled, or)) required party to the dispute who is incapacitated by reason of being a minor or otherwise, who is yet unborn or unascertained, or ((a person)) whose identity or address is unknown. The special representative has authority to enter into a binding agreement under this section on behalf of the person or beneficiary. The special representative may be appointed for more than one person or class of persons if the interests of such persons or ((class)) classes are not in conflict. Those entitled to receive notice for persons or beneficiaries described in RCW 11.96.110 may enter into a binding agreement on behalf of such persons or beneficiaries.

             (3) The special representative shall be a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates ((or)), trusts, or nonprobate assets, as applicable. The special representative shall have no interest in any affected estate ((or)), trust, or nonprobate asset, and shall not be related to any personal representative, trustee, beneficiary, or other person interested in the estate ((or)), trust, or nonprobate asset. The special representative is entitled to reasonable compensation for services ((which)) and, if applicable, that compensation shall be paid from the principal of the estate ((or)), trust, or nonprobate asset whose beneficiaries are represented. Upon execution of the written agreement, the special representative shall be discharged of any further responsibility with respect to the estate ((or)), trust, or nonprobate asset.

             (4) The written agreement or a memorandum summarizing the provisions of the written agreement may, at the option of any ((person interested in the estate or trust)) of the required parties to the dispute, be filed with the court having jurisdiction over the estate ((or)), trust, nonprobate asset, or other matter affected by the agreement. The person filing the agreement or memorandum shall, within five days ((thereof)) after the agreement or memorandum is filed with the court, mail a copy of the agreement, the summarizing memorandum if one was filed with the court, and a notice of the filing to each ((person interested in the estate or trust)) of the required parties to the dispute whose address is known or is reasonably ascertainable by the person. Notice shall be in substantially the following form:


CAPTION        NOTICE OF FILING OF

OF CASE         AGREEMENT OR

             MEMORANDUM

             OF AGREEMENT


             Notice is hereby given that the attached document was filed by the undersigned in the above entitled court on the . . . . . . day of . . . . . ., ((19. .)) . . . . . Unless you file a petition objecting to the agreement within 30 days of the above specified date the agreement will be deemed approved and will be equivalent to a final order binding on all persons interested in the ((estate or trust)) subject of the agreement.

             If you file and serve a petition within the period specified, you should ask the court to fix a time and place for the hearing on the petition and provide for at least ((a)) ten days' notice to all persons interested in the ((estate or trust)) subject of the agreement.


             DATED this . . . . . . day of . . . . . ., ((19. .)) . . . . .

                                                                              . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                              (((Party to the agreement)) Name of person filing the agreement or memorandum with the court)


             (5) Unless a ((person interested in the estate or trust)) required party to the dispute files a petition objecting to the agreement within thirty days ((of)) after the filing of the agreement or the memorandum, the agreement will be deemed approved and will be equivalent to a final order binding on all ((persons interested in the estate or trust. If all persons interested in the estate or trust)) parties to the dispute. If all required parties to the dispute waive the notice required by this section, the agreement will be deemed approved and will be equivalent to a final order binding on all such persons ((interested in the estate or trust)) effective upon the date of filing.

             (6) For the purposes of this section:

             (a) "Matter in dispute" includes without limitation any matter listed in RCW 11.96.070 or any other matter in this title referencing this nonjudicial resolution procedure;

             (b) "Parties to the dispute" has the meaning given to that term in RCW 11.96.100(3) (a) and (b), as applicable;

             (c) "Required parties to the dispute" means those parties to the dispute who are entitled to notice under RCW 11.96.100 and 11.96.110, and, when used in the singular, means any one of the required parties to the dispute; and

             (d) "Estate" includes the estate of a deceased, missing, or incapacitated person.


             Sec. 64. RCW 11.96.180 and 1985 c 31 s 19 are each amended to read as follows:

             (1) The court, upon its own motion or on request of ((a person interested in the trust or estate)) any one or more of the required parties to the dispute as that term is defined in RCW 11.96.170(6)(c), at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, or person whose identity ((and)) or address ((are)) is unknown, or a designated class of persons who are not ascertained or are not in being. When not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

             (2) ((For the purposes of this section, a trustee is a person interested in the trust and a personal representative is a person interested in an estate.

             (3))) The court-appointed guardian ad litem supersedes the special representative if so provided in the court order.

             (((4))) (3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in RCW 11.96.070 with notice as provided in RCW 11.96.080, 11.96.100, and 11.96.110.


             Sec. 65. RCW 11.98.200 and 1993 c 339 s 2 are each amended to read as follows:

             Due to the inherent conflict of interest that exists between a trustee and a beneficiary of a trust, unless the terms of a trust refer specifically to RCW 11.98.200 through 11.98.240 and provide expressly to the contrary, the powers conferred upon a trustee who is a beneficiary of the trust, other than the trustor as a trustee, ((and other than the decedent's spouse or the testator's spouse where the spouse is the trustee of a trust for which a marital deduction is or was otherwise allowed or allowable, whether or not an appropriate marital deduction election was in fact made,)) cannot be exercised by the trustee to make:

             (1) Discretionary distributions of either principal or income to or for the benefit of the trustee, except to provide for the trustee's health, education, maintenance, or support as described under section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section;

             (2) Discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift a beneficial interest except as an incidental consequence of the discharge of the trustee's fiduciary duties; or

             (3) Discretionary distributions of either principal or income to satisfy a legal ((support)) obligation of the trustee.

             A proscribed power under this section that is conferred upon two or more trustees may be exercised by the trustees that are not disqualified under this section. If there is no trustee qualified to exercise a power proscribed under this section, a person described in RCW 11.96.070 who is entitled to seek judicial proceedings with respect to a trust may apply to a court of competent jurisdiction to appoint another trustee who would not be disqualified, and the power may be exercised by another trustee appointed by the court. Alternatively, another trustee who would not be disqualified may be appointed in accordance with the provisions of the trust instrument if the procedures are provided, or as set forth in RCW 11.98.039 as if the office of trustee were vacant, or by a nonjudicial dispute resolution agreement under RCW 11.96.170.


             Sec. 66. RCW 11.98.240 and 1993 c 339 s 6 are each amended to read as follows:

             (1)(a)(i) RCW 11.98.200 and 11.98.210 respectively apply to a trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after July 25, 1993, unless the instrument's terms refer specifically to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary. However, except for RCW 11.98.200(3), the 1994 c ... (this act) amendments to RCW 11.98.200 apply to a trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after the effective date of this section, unless the instrument's terms refer specifically to RCW 11.98.200 and provide expressly to the contrary.

             (ii) Notwithstanding (a)(i) of this subsection, for the purposes of this subsection a codicil to a will or an amendment to a trust does not cause that instrument to be executed after ((the aforementioned date)) July 25, 1993, unless the codicil or amendment clearly shows an intent to have RCW 11.98.200 or 11.98.210 apply.

             (b) Notwithstanding (a) of this subsection, RCW 11.98.200 and 11.98.210 respectively apply to a trust established under a will or codicil of a decedent dying on or after July 25, 1993, and to an inter vivos trust to which the trustor had on or after July 25, 1993, the power to terminate, revoke, amend, or modify, unless:

             (i) The terms of the instrument specifically refer to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary; or

             (ii) The decedent or the trustor was not competent, on July 25, 1993, to change the disposition of his or her property, or to terminate, revoke, amend, or modify the trust, and did not regain his or her competence to dispose, terminate, revoke, amend, or modify before the date of the decedent's death or before the trust could not otherwise be revoked, terminated, amended, or modified by the decedent or trustor.

             (2) RCW 11.98.200 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed under RCW 11.98.200 that was exercised before July 25, 1993. RCW 11.98.210 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed, limited, or qualified under RCW 11.98.210.


             NEW SECTION. Sec. 67. A new section is added to chapter 11.94 RCW to read as follows:

             (1) The restrictions in RCW 11.95.100 through 11.95.150 on the power of a person holding a power of appointment apply to attorneys-in-fact holding the power to appoint to or for the benefit of the powerholder.

             (2) This section applies retroactively to July 25, 1993.


             Sec. 68. RCW 11.100.035 and 1989 c 97 s 1 are each amended to read as follows:

             (1) Within the standards of judgment and care established by law, and subject to any express provisions or limitations contained in any particular trust instrument, guardians, trustees and other fiduciaries, whether individual or corporate, are authorized to acquire and retain securities of any open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940 as now or hereafter amended.

             (2) Within the limitations of subsection (1) of this section, whenever the trust instrument directs, requires, authorizes, or permits investment in obligations of the United States government, the trustee may invest in and hold such obligations either directly or in the form of securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940, as now or hereafter amended, if both of the following conditions are met:

             (a) The portfolio of the investment company or investment trust is limited to obligations of the United States and to repurchase agreements fully collateralized by such obligations; and

             (b) The investment company or investment trust takes delivery of the collateral for any repurchase agreement either directly or through an authorized custodian.

             (3) If the fiduciary is a bank or trust company, then the fact that the fiduciary, or an affiliate of the fiduciary, provides services to the investment company or investment trust such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise, and is receiving reasonable compensation for those services does not preclude the bank or trust company from investing or reinvesting in the securities of the open-end or closed-end management investment company or investment trust. The fiduciary shall furnish a copy of the prospectus relating to the securities to each person to whom a regular periodic accounting would ordinarily be rendered under the trust instrument or under RCW 11.106.020, upon the request of that person. The restrictions set forth under RCW 11.100.090 may not be construed as prohibiting the fiduciary powers granted under this subsection.


             Sec. 69. RCW 82.32.240 and 1988 c 64 s 21 are each amended to read as follows:

             Any tax due and unpaid and all increases and penalties thereon, shall constitute a debt to the state and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies.

             In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, involving any taxpayer who is, or decedent who was, engaging in business, the claim of the state for said taxes and all increases and penalties thereon shall be a lien upon all real and personal property of the taxpayer, and the mere existence of such cases or conditions shall be sufficient to create such lien without any prior or subsequent action by the state, and in all such cases it shall be the duty of all administrators, executors, guardians, receivers, trustees in bankruptcy or assignees for the benefit of creditors, to notify the department of revenue of such administration, receivership or assignment within sixty days from the date of their appointment and qualification.

             The lien provided for by this section shall attach as of the date of the assignment for the benefit of creditors or of the initiation of the probate, insolvency, or bankruptcy proceedings: PROVIDED, That this sentence shall not be construed as affecting the validity or priority of any earlier lien that may have attached previously in favor of the state under any other section of this title.

             Any administrator, executor, guardian, receiver or assignee for the benefit of creditors not giving the notification as provided for above shall become personally liable for payment of the taxes and all increases and penalties thereon to the extent of the value of the property subject to administration that otherwise would have been available for the payment of such taxes, increases, and penalties by the administrator, executor, guardian, receiver, or assignee.

             As used in this section, "probate" includes the nonprobate claim settlement procedure under chapter 11.-- RCW (sections 31 through 48 of this act), and "executor" and "administrator" includes any notice agent acting under chapter 11.-- RCW (sections 31 through 48 of this act).


             Sec. 70. RCW 83.100.020 and 1993 c 73 s 9 are each amended to read as follows:

             As used in this chapter:

             (1) "Decedent" means a deceased individual;

             (2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;

             (3) "Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;

             (4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;

             (5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;

             (6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;

             (7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;

             (8) "Nonresident" means a decedent who was domiciled outside Washington at his death;

             (9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;

             (10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;

             (11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;

             (12) "Resident" means a decedent who was domiciled in Washington at time of death;

             (13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;

             (14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and

             (15) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on ((July 25, 1993)) the effective date of this section.


             Sec. 71. RCW 83.110.010 and 1993 c 73 s 10 are each amended to read as follows:

             As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

             (1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state;

             (2) "Excise tax" means the federal excise tax imposed by section 4980A(d) of the Internal Revenue Code, and interest and penalties imposed in addition to the excise tax;

             (3) "Fiduciary" means executor, administrator of any description, and trustee;

             (4) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on ((July 25, 1993)) the effective date of this section;

             (5) "Person" means any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency;

             (6) "Persons interested in retirement distributions" means any person determined as of the date the excise tax is due, including a personal representative, guardian, trustee, or beneficiary, entitled to receive, or who has received, by reason of or following the death of a decedent, any property or interest therein which constitutes a retirement distribution as defined in section 4980A(e) of the Internal Revenue Code, but this definition excludes any alternate payee under a qualified domestic relations order as such terms are defined in section 414(p) of the Internal Revenue Code;

             (7) "Person interested in the estate" means any person, including a personal representative, guardian, or trustee, entitled to receive, or who has received, from a decedent while alive or by reason of the death of a decedent any property or interest therein included in the decedent's taxable estate;

             (8) "Qualified heir" means a person interested in the estate who is entitled to receive, or who has received, an interest in qualified real property;

             (9) "Qualified real property" means real property for which the election described in section 2032A of the Internal Revenue Code has been made;

             (10) "State" means any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and

             (11) "Tax" means the federal estate tax, the excise tax defined in subsection (2) of this section, and the estate tax payable to this state and interest and penalties imposed in addition to the tax.


             NEW SECTION. Sec. 72. The following acts or parts of acts are each repealed:

             (1) RCW 11.12.050 and 1965 c 145 s 11.12.050;

             (2) RCW 11.12.090 and 1965 c 145 s 11.12.090;

             (3) RCW 11.12.130 and 1965 c 145 s 11.12.130;

             (4) RCW 11.12.140 and 1965 c 145 s 11.12.140;

             (5) RCW 11.12.150 and 1965 c 145 s 11.12.150.

             (6) RCW 11.12.200 and 1965 c 145 s 11.12.200;

             (7) RCW 11.12.210 and 1965 c 145 s 11.12.210;

             (8) RCW 11.56.015 and 1965 c 145 s 11.56.015;

             (9) RCW 11.56.140 and 1965 c 145 s 11.56.140;

             (10) RCW 11.56.150 and 1965 c 145 s 11.56.150;

             (11) RCW 11.56.160 and 1965 c 145 s 11.56.160; and

             (12) RCW 11.56.170 and 1965 c 145 s 11.56.170.


             NEW SECTION. Sec. 73. (1) Sections 4 through 8 of this act shall constitute a new chapter in Title 11 RCW.

             (2) Section 19 of this act shall constitute a new chapter in Title 11 RCW.

             (3) Sections 31 through 48 of this act shall constitute a new chapter in Title 11 RCW.


             NEW SECTION. Sec. 74. The 1994 c ... (this act) amendments to RCW 11.98.200(3) are remedial in nature and apply retroactively to July 25, 1993.


             NEW SECTION. Sec. 75. (1) Except as provided in section 74 of this act, sections 1 through 72 of this act shall take effect January 1, 1995.

             (2) Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


             On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 11.02.005, 11.07.010, 11.08.170, 11.12.040, 11.12.080, 11.12.110, 11.12.120, 11.12.160, 11.12.180, 11.20.070, 11.24.010, 11.24.040, 11.28.120, 11.28.237, 11.40.010, 11.40.013, 11.40.015, 11.40.040, 11.40.080, 11.48.010, 11.56.050, 11.68.010, 11.96.009, 11.96.020, 11.96.050, 11.96.060, 11.96.070, 11.96.080, 11.96.090, 11.96.100, 11.96.110, 11.96.130, 11.96.140, 11.96.160, 11.96.170, 11.96.180, 11.98.200, 11.98.240, 11.100.035, 82.32.240, 83.100.020, and 83.110.010; adding new sections to chapter 11.12 RCW; adding a new section to chapter 11.94 RCW; adding new chapters to Title 11 RCW; creating a new section; repealing RCW 11.12.050, 11.12.090, 11.12.130, 11.12.140, 11.12.150, 11.12.200, 11.12.210, 11.56.015, 11.56.140, 11.56.150, 11.56.160, and 11.56.170; providing an effective date; and declaring an emergency."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators A. Smith, Nelson, Ludwig; Representatives Johanson, Eide, Padden.


MOTION


             Representative Johanson moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 2270 and pass the bill as recommended by the Conference Committee.


             Representatives Johanson and Ballasiotes spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2270 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2270 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Substitute House Bill No. 2270, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate concurred in the House amendments (6111-S.E AME SG AMH-62) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6111 and passed the bill as amended by the House.

and the same is herewith transmitted.


Marty Brown, Secretary



MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate grants the request of the House for a conference on HOUSE BILL NO. 2480. The President has appointed the following members as conferees; Senators Hargrove, Oke and Owen

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


REPORT OF CONFERENCE COMMITTEE


SSB 6089


Date: March 8, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6089, creating the collegiate license plate fund program, have had the same under consideration and we recommend that the House Transportation Committee amendment not be adopted and the bill as amended as follows:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

             "Collegiate license plates" means license plates that display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.


             Sec. 2. RCW 46.16.301 and 1990 c 250 s 1 are each amended to read as follows:

             (1) The department may create, design, and issue special license plates((, upon terms and conditions as may be established by the department,)) that may be used in lieu of regular or personalized license plates ((upon)) for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates may:

             (a) Denote the age or type of vehicle; or ((may))

             (b) Denote special activities or interests((,)); or

             (c) Denote the status, or contribution or sacrifice for the United States, the state of Washington, or the citizens of the state of Washington, of a registered owner of that vehicle; or

             (d) Display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.

             (2) The department has the sole discretion to determine whether or not to create, design, or issue any series of special license plates and whether any ((activity,)) interest or status((, contribution, or sacrifice)) merits the issuance of a series of special license plates. In making this determination, the department shall consider whether or not an ((activity or)) interest ((proposed)) or status contributes or has contributed significantly to the public health, safety, or welfare of the citizens of the United States or of this state or to their significant benefit, or whether the ((activity,)) interest((, contribution, or sacrifice)) or status is recognized by the United States, this state, or other states, in other settings or contexts. The department may also consider the potential number of persons who may be eligible for the plates and the cost and efficiency of producing limited numbers of the plates. The design of a special license plate shall conform to all requirements for plates for the type of vehicle for which it is issued, as provided elsewhere in this chapter.


             NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:

             Effective January 1, 1995, a state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form prescribed by the department, and request the department to issue a series of collegiate license plates depicting the name and mascot or symbol of the college or university, as submitted and approved for use by the requesting institution.


             Sec. 4. RCW 46.16.313 and 1990 c 250 s 4 are each amended to read as follows:

             (1) The department may establish a fee for ((the issuance of)) each type of special license ((plate or)) plates issued under RCW 46.16.301(1) (a), (b), or (c) in an amount calculated to offset the cost of production of the special license ((plate or)) plates and the administration of this program. The fee shall not exceed thirty-five dollars and is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

             (2) In addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in section 7 of this act.


             Sec. 5. RCW 46.16.332 and 1990 c 250 s 9 are each amended to read as follows:

             (1) The director may adopt fees to be charged by the department for emblems issued by the department under RCW 46.16.319 ((and 46.16.323)).

             (2) The fee for each remembrance emblem issued under RCW 46.16.319 shall be in an amount sufficient to offset the costs of production of remembrance emblems and the administration of that program by the department plus an amount for use by the department of veterans affairs, not to exceed a total fee of twenty-five dollars per emblem. ((The fee for each special vehicle license plate emblem issued under RCW 46.16.323 shall be an amount sufficient to offset the cost of production of the emblems and of administering the special vehicle license plate emblem program.))

             (3) The veterans' emblem account is created in the custody of the state treasurer. All receipts by the department from the issuance of remembrance emblems under RCW 46.16.319 shall be deposited into this fund. Expenditures from the fund may be used only for the costs of production of remembrance emblems and administration of the program by the department of licensing, with the balance used only by the department of veterans affairs for projects that pay tribute to those living veterans and to those who have died defending freedom in our nation's wars and conflicts and for the upkeep and operations of existing memorials, as well as for planning, acquiring land for, and constructing future memorials. Only the director of licensing, the director of veterans affairs, or their designees may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             (((4) The special vehicle license plate emblem account is established in the state treasury. Fees collected by the department for emblems issued under RCW 46.16.323 shall be deposited into the special vehicle license plate emblem account to be used only to offset the costs of administering the special vehicle license plate emblem program.))


             Sec. 6. RCW 46.16.381 and 1993 c 106 s 1 are each amended to read as follows:

             (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

             (a) Cannot walk two hundred feet without stopping to rest;

             (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

             (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

             (d) Uses portable oxygen;

             (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

             (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

             (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

             (2) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, ((and)) private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, ((or)) private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, ((and)) private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

             (3) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

             (4) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. The director may issue a second temporary placard during that period if requested by the person who is temporarily disabled. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The parking placard of a disabled person shall be renewed, when required by the director, by satisfactory proof of the right to continued use of the privileges.

             (5) Additional fees shall not be charged for the issuance of the special placards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

             (6) Any unauthorized use of the special placard or the special license plate is a misdemeanor.

             (7) It is a traffic infraction, with a monetary penalty of fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions on the use of these parking places.

             (8) The portion of a penalty imposed under subsection (7) of this section that is retained by a local jurisdiction under RCW 3.46.120, 3.50.100, 3.62.020, 3.62.040, or 35.20.220 shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

             (9) It is a misdemeanor for any person to willfully obtain a special license plate or placard in a manner other than that established under this section.


             NEW SECTION. Sec. 7. A new section is added to chapter 28B.10 RCW to read as follows:

             A collegiate license plate fund is established in the custody of the state treasurer for each college or university with a collegiate license plate program approved by the department under section 3 of this act. All receipts from collegiate license plates authorized under RCW 46.16.301 shall be deposited in the appropriate local college or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only for student scholarships. Only the president of the college or university or the president's designee may authorize expenditures from the fund.


             NEW SECTION. Sec. 8. By January 1, 1996, the department of licensing shall report to the legislative transportation committee regarding the number of colleges or universities issued a collegiate license plate series, and the total number of collegiate plates issued for each participating college or university.


             NEW SECTION. Sec. 9. RCW 46.16.323 and 1990 c 250 s 7 are each repealed."



             In line 2 of the title, after "plates;" strike the remainder of the title and insert "amending RCW 46.16.301, 46.16.313, 46.16.332, and 46.16.381; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; adding a new section to chapter 28B.10 RCW; creating a new section; repealing RCW 46.16.323; and prescribing penalties."


MOTION


             Representative R. Fisher moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 6089 and pass the bill as recommended by the Conference Committee.



             Representatives R. Fisher and Mielke spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6089 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6089 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Substitute Senate Bill No. 6089, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE



ESB 5449                                                                                                                                    Date: March 8, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred ENGROSSED SENATE BILL NO. 5449, changing provisions regarding judgments, 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 5449.E AMC CONF S5910.3) be adopted:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 4.56.100 and 1983 c 28 s 1 are each amended to read as follows:

             (1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his attorney of record in such action or his assignee acknowledged as deeds are acknowledged. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.

             (2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.

             (3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.


             Sec. 2. RCW 4.64.030 and 1987 c 442 s 1107 are each amended to read as follows:

             The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action.

              On the first page of each judgment which provides for the payment of money, the following shall be succinctly summarized: The judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total of the taxable costs and attorney fees, if known at the time of the entry of the judgment. If the attorney fees and costs are not included in the judgment, they shall be summarized in the cost bill when filed. This information is included in the judgment to assist the county clerk in his or her record-keeping function. The clerk may not sign or file a judgment, and a judgment does not take effect, until the judgment has a summary in compliance with this section. The clerk is not liable for an incorrect summary.


             Sec. 3. RCW 6.21.110 and 1987 c 442 s 611 are each amended to read as follows:

             (1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: "Sale of land for confirmation"; (b) shall mail notice of the filing of the return of sale to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them; (c) shall file proof of such mailing in the action; (d) shall apply the proceeds of the sale returned by the sheriff, or so much thereof as may be necessary, to satisfaction of the judgment, including interest as provided in the judgment, and shall pay any excess proceeds as provided in subsection (5) of this section by direction of court order; and (e) upon confirmation of the sale, shall deliver the original certificate of sale to the purchaser.

             (2) The judgment creditor or successful purchaser at the sheriff's sale is entitled to an order confirming the sale at any time after twenty days have elapsed from the mailing of the notice of the filing of the sheriff's return, on motion with notice given to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them, unless the judgment debtor, or in case of the judgment debtor's death, the representative, or any nondefaulting party to whom notice was sent shall file objections to confirmation with the clerk within twenty days after the mailing of the notice of the filing of such return.

             (3) If objections to confirmation are filed, the court shall nevertheless allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received as of that date.

             (4) Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken, except for a greater amount. If on resale the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to the former purchaser out of the proceeds of the resale the amount of the former purchaser's bid together with interest as is provided in the judgment.

             (5) If, after the satisfaction of the judgment, there be any proceeds of the sale remaining, the clerk shall pay such proceeds to the judgment debtor, or the judgment debtor's representative, as the case may be, before the order is made upon the motion to confirm the sale only if the party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; otherwise the excess proceeds shall remain in the custody of the clerk until the sale of the property has been disposed of; but if the sale be confirmed, such excess proceeds shall be paid to the judgment debtor or representative as a matter of course.

             (6) The purchaser shall file the original certificate of sale for record with the recording officer in the county in which the property is located.


             Sec. 4. RCW 36.48.090 and 1987 c 363 s 4 are each amended to read as follows:

             Whenever the clerk of the superior court has funds held in trust for any litigant or for any purpose, they shall be deposited in a separate fund designated "clerk's trust fund," and shall not be commingled with any public funds. However, in the case of child support payments, the clerk may send the checks or drafts directly to the recipient or endorse the instrument to the recipient and the clerk is not required to deposit such funds. In processing child support payments, the clerk shall comply with RCW 26.09.120. The clerk may invest the funds in any of the investments authorized by RCW 36.29.020. The clerk shall place the income from such investments in the county current expense fund to be used by the county for general county purposes unless: (1) The funds being held in trust in a particular matter are two thousand dollars or more, and (2) a litigant in the matter has filed a written request that such investment be made of the funds being held in trust ((and the income be paid to the beneficiary)). Interest income accrued from the date of filing of the written request for investment shall be paid to the beneficiary. In such an event, any income from such investment shall be paid to the beneficiary of such trust upon the termination thereof: PROVIDED, That five percent of the income shall be deducted by the clerk as an investment service fee and placed in the county current expense fund to be used by the county for general county purposes.

             In any matter where funds are held in the clerk's trust fund, any litigant who is not represented by an attorney and who has appeared in matters where the funds held are two thousand dollars or more shall receive written notice of the provisions of this section from the clerk.


             Sec. 5. RCW 7.40.080 and 1957 c 51 s 9 are each amended to read as follows:

             No injunction or restraining order shall be granted until the party asking it shall enter into a bond, in such a sum as shall be fixed by the court or judge granting the order, with surety to the satisfaction of the clerk of the superior court, to the adverse party affected thereby, conditioned to pay all damages and costs which may accrue by reason of the injunction or restraining order. The sureties shall, if required by the clerk, justify as provided by law, and until they so justify, the clerk shall be responsible for their sufficiency. The court in its sound discretion may waive the required bond in situations in which a person's health or life would be jeopardized.


             Sec. 6. RCW 6.36.025 and 1977 ex.s. c 45 s 1 are each amended to read as follows:

             (1) A copy of any foreign judgment authenticated in accordance with the act of congress or the statutes of this state may be filed in the office of the clerk of any superior court of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, set-offs, counterclaims, cross-complaints, and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner.

             (2) Alternatively, a copy of any foreign judgment (a) authenticated in accordance with the act of congress or the statutes of this state, and (b) within the civil jurisdiction and venue of the district court as provided in RCW 3.66.020, 3.66.030, and 3.66.040, may be filed in the office of the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, set-offs, counterclaims, cross-complaints, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state, and may be enforced or satisfied in like manner.


             Sec. 7. RCW 6.36.035 and 1979 c 97 s 1 are each amended to read as follows:

             (1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

             (2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer if any in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

             (3)(a) No execution or other process for enforcement of a foreign judgment filed ((hereunder)) in the office of the clerk of a superior court shall issue until ten days after the date the judgment is filed, or until ten days after mailing the notice of filing, whether mailed by the clerk or judgment creditor, whichever is later.

             (b) No execution or other process for enforcement of a foreign judgment filed in the office of the clerk of a district court shall issue until fourteen days after the date the judgment is filed, or until fourteen days after mailing the notice of filing, whether mailed by the clerk or judgment creditor, whichever is later.


             Sec. 8. RCW 6.36.045 and 1977 ex.s. c 45 s 3 are each amended to read as follows:

             (1)(a) If the judgment debtor shows the superior court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

             (((2))) (b) If the judgment debtor shows the superior court of any county any ground upon which enforcement of a judgment of a superior court of any county of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

             (2)(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

             (b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of a district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.


             NEW SECTION. Sec. 9. A new section is added to chapter 36.18 RCW to read as follows:

             Superior court clerks may contract with collection agencies or may use county collection services for the collection of unpaid court obligations. The costs for the agencies or county services shall be paid by the debtor. Collection may not be initiated with respect to a criminal offender who is under the supervision of the department of corrections without the prior agreement of the department.

             Any contract with a collection agency shall be awarded only after competitive bidding. Factors that a court clerk shall consider in awarding a collection contract include but are not limited to: (1) A collection agency's history and reputation in the community; and (2) the agency's access to a local data base that may increase the efficiency of its collections.

             The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection agency may remove the court's control over unpaid obligations owed to the court."


             On page 1, line 1 of the title, after "judgments;" strike the remainder of the title and insert "amending RCW 4.56.100, 4.64.030, 6.21.110, 36.48.090, 7.40.080, 6.36.025, 6.36.035, and 6.36.045; and adding a new section to chapter 36.18 RCW."

 and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators A. Smith, Schow, Hargrove; Representatives Johanson, Chappell, Ballasiotes.


MOTION


             Representative Johanson moved that the House adopt the Report of the Conference Committee on Engrossed Senate Bill No. 5449 and pass the bill as recommended by the Conference Committee.


             Representatives Johanson and Ballasiotes spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5449 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5449 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Engrossed Senate Bill No. 5449, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE


ESSB 6547                                                                                                                                  Date: March 8, 1994


Includes "new item": No


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL 6547, providing for auditing of mental health systems, 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 6547-S.E AMC CONF H4554.1) be adopted:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the current complex set of rules and regulations, audited and administered at multiple levels of the mental health system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. To this extent, the legislature finds that the intent of RCW 71.24.015 related to reduced administrative layering, duplication, and reduced administrative costs need much more aggressive action.


             NEW SECTION. Sec. 2. The department of social and health services shall establish a single comprehensive and collaborative project within regional support networks and with local mental health service providers aimed at creating innovative and streamlined community mental health service delivery systems, in order to carry out the purposes set forth in section 1 of this act and to capture the diversity of the community mental health service delivery system.

             The project must accomplish the following:

             (1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;

             (2) The systematic and incremental development of a single system of accountability for all appropriated funds used to provide mental health services. Assessment must be made regarding the feasibility of also including federal and local funds into the single system of accountability;

             (3) The elimination of process regulations and related contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health adult and children clients according to chapter 71.24 RCW must be used to measure the performance of mental health service providers and regional support networks. Such outcomes shall focus on stabilizing out-of-home and hospital care, increasing stable community living, increasing age-appropriate activities, achieving family and consumer satisfaction with services, and system efficiencies;

             (4) Evaluation of the feasibility of contractual agreements between the department of social and health services and regional support networks and mental health service providers that link financial incentives to the success or failure of mental health service providers and regional support networks to meet outcomes established for mental health service clients;

             (5) The involvement of mental health consumers and their representatives in the pilot projects. Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients and other related aspects of the pilot projects; and

             (6) An independent evaluation component to measure the success of the projects.


             NEW SECTION. Sec. 3. The project established in section 2 of this act must be implemented by July 1, 1995, in at least two regional support networks, with annual progress reports submitted to the appropriate committees of the legislature beginning November 1, 1994, and in all regional support networks state-wide with full implementation of the most effective and efficient practices identified by the evaluation in section 2 of this act no later than July 1, 1997. In addition, the department of social and health services, the participating regional support networks, and the local mental health service providers shall report to the appropriate policy and fiscal committees of the legislature on the need for any changes in state statute, rule, policy, or procedure, and any change in federal statute, regulation, policy, or procedure to ensure the purposes specified in section 1 of this act are carried out.


             NEW SECTION. Sec. 4. To carry out the purposes specified in section 1 of this act, the department of social and health services is encouraged to utilize its authority to immediately eliminate any unnecessary rules, regulations, standards, or contracts, to immediately eliminate duplication of audits or any other unnecessarily duplicated functions, and to seek any waivers of federal or state rules or regulations necessary to achieve the purpose of streamlining the mental health system and infusing it with incentives that reward efficiency, positive outcomes for clients, and quality services.


             NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to chapter 71.24 RCW."


             On page 1, line 1 of the title, after "accountability;" strike the remainder of the title and insert "and adding new sections to chapter 71.24 RCW."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Niemi, Deccio, Sheldon; Representatives Leonard, Thibaudeau, Cooke.


MOTION


             Representative Thibaudeau moved that the House adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6547 and pass the bill as recommended by the Conference Committee.


             Representatives Thibaudeau and Cooke spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6547 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6547 as recommended by the Conference Committee , and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Wood - 1.


             Engrossed Substitute Senate Bill No. 6547, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown, Secretary


REPORT OF CONFERENCE COMMITTEE


E2SHB 2605                                                                                                                                          March 8, 1994


Includes "NEW ITEM": YES


             Changing higher education statutory relationships.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605, Higher education, have had the same under consideration and we recommend that:

 

The Senate Committee on Higher Education amendment (2605-SE.E AAS 3/4/94) adopted as amended be adopted; and

 

That the Higher Education Committee amendment be further amended as follows: (See attached 2604-SE.E AMC CONF S5937.1);


             Beginning on page 2, line 4 of the amendment, strike all of sections 3 and 4


             On page 7, after line 22 of the amendment, insert the following:


             "NEW SECTION. Sec. 7. Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and sections 8 and 9 of this act.

             (1) "Eligible student" means an enlisted member or an officer of the rank of captain or below in the Washington national guard who is a resident student as defined in RCW 28B.15.012 and 28B.15.013, who attends an institution of higher education that is located in this state and accredited by the Northwest Association of Schools and Colleges, and who meets any additional selection criteria adopted by the office.

             (2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a member of the Washington national guard under rules adopted by the office.

             (3) "Forgiven" or "to forgive" or "forgiveness" means either to render service in the Washington national guard in lieu of monetary repayment, or to be relieved of the service obligation under rules adopted by the office.

             (4) "Office" means the office of the adjutant general of the state military department.

             (5) "Participant" means an eligible student who has received a conditional scholarship under this chapter.

             (6) "Service obligation" means serving in the Washington national guard for one additional year for each year of conditional scholarship received under this program.


             NEW SECTION. Sec. 8. The Washington state national guard conditional scholarship program is established. The program shall be administered by the office. In administering the program, the powers and duties of the office shall include, but need not be limited to:

             (1) The selection of eligible students to receive conditional scholarships;

             (2) The award of conditional scholarships funded by federal and state funds, private donations, or repayments from any participant who does not complete the participant's service obligation. Use of state funds is subject to available funds. The annual amount of each conditional scholarship may vary, but shall not exceed the annual cost of undergraduate tuition fees and services and activities fees at the University of Washington, plus an allowance for books and supplies;

             (3) The adoption of necessary rules and guidelines;

             (4) The adoption of participant selection criteria. The criteria may include but need not be limited to requirements for: Satisfactory progress, minimum grade point averages, enrollment in courses or programs that lead to a baccalaureate degree or an associate degree or a certificate, and satisfactory participation as a member of the Washington national guard;

             (5) The notification of participants of their additional service obligation or required repayment of the conditional scholarship; and

             (6) The collection of repayments from participants who do not meet the eligibility criteria or service obligations.


             NEW SECTION. Sec. 9. (1) Participants in the conditional scholarship program incur an obligation to repay the conditional scholarship, with interest, unless they serve in the Washington national guard for one additional year for each year of conditional scholarship received, under rules adopted by the office.

             (2) The entire principal and interest of each yearly repayment shall be forgiven for each additional year in which a participant serves in the Washington national guard, under rules adopted by the office.

             (3) If a participant elects to repay the conditional scholarship, the period of repayment shall be four years, with payments accruing quarterly commencing nine months from the date that the participant leaves the Washington national guard or withdraws from the institution of higher education, whichever comes first. The interest rate on the repayments shall be eight percent per year. Provisions for deferral and forgiveness shall be determined by the office.

             (4) The office is responsible for collection of repayments made under this section. The office shall exercise due diligence in such collection, maintaining all necessary records to ensure that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using the full extent of law, including wage garnishment if necessary. The office is responsible to forgive all or parts of such repayments under the criteria established in this section, and shall maintain all necessary records of forgiven payments. The office may contract with the higher education coordinating board for collection of repayments under this section.

             (5) Receipts from the payment of principal or interest paid by or on behalf of participants shall be deposited with the office and shall be used to cover the costs of granting the conditional scholarships, maintaining necessary records, and making collections under subsection (4) of this section. The office shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional scholarships to eligible students.


             NEW SECTION. Sec. 10. Sections 7 through 9 of this act shall constitute a new chapter in Title 28B RCW."


             On page 7, at the beginning of line 28 of the title amendment, strike "28B.15.012,"


             On page 7, line 29 of the title amendment, after "(uncodified);" strike everything through "28B.15 RCW." and insert "and adding a new chapter to Title 28B RCW."


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28B.15.725 and 1993 sp.s. c 18 s 26 are each amended to read as follows:

             Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, and The Evergreen State College may enter into undergraduate ((upper division)) student exchange agreements with ((comparable public four-year)) institutions of higher education of other states and agree to exempt participating undergraduate ((upper division)) students from payment of all or a portion of the nonresident tuition fees differential subject to the following restrictions:

             (1) In any given academic year, the number of students receiving a waiver at a state institution shall not exceed the number of that institution's students receiving nonresident tuition waivers at participating out-of-state institutions. Waiver imbalances that may occur in one year shall be off-set in the year immediately following.

             (2) Undergraduate ((upper division)) student participation in an exchange program authorized by this section is limited to one academic year.


             Sec. 2. 1989 c 290 s 1 (uncodified) is amended to read as follows:

             The legislature recognizes that a unique educational experience can result from an undergraduate ((upper division)) student attending an out-of-state institution. It also recognizes that some Washington residents may be unable to pursue such out-of-state enrollment owing to their limited financial resources and the higher cost of nonresident tuition. The legislature intends to facilitate expanded nonresident undergraduate ((upper division)) enrollment opportunities for residents of the state by authorizing the governing boards of the four-year institutions of higher education to enter into exchange programs with other states' ((comparable public four-year)) institutions with comparable programs wherein the participating institutions agree that visiting undergraduate ((upper division)) students will pay resident tuition rates of the host institutions.


             NEW SECTION. Sec. 3. A new section is added to chapter 28B.15 RCW to read as follows:

             For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, for a period of one year immediately before enrollment in a state institution of higher education as defined in RCW 28B.10.016, the student must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the following American Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington:

             (1) Colville Confederated Tribes;

             (2) Confederated Tribes of the Chehalis Reservation;

             (3) Hoh Indian Tribe;

             (4) Jamestown S'Klallam Tribe;

             (5) Kalispel Tribe of Indians;

             (6) Lower Elwha Klallam Tribe;

             (7) Lummi Nation;

             (8) Makah Indian Tribe;

             (9) Muckleshoot Indian Tribe;

             (10) Nisqually Indian Tribe;

             (11) Nooksack Indian Tribe;

             (12) Port Gamble S'Klallam Community;

             (13) Puyallup Tribe of Indians;

             (14) Quileute Tribe;

             (15) Quinault Indian Nation;

             (16) Confederated Tribes of Salish Kootenai;

             (17) Sauk Suiattle Indian Nation;

             (18) Shoalwater Bay Indian Tribe;

             (19) Skokomish Indian Tribe;

             (20) Snoqualmie Tribe;

             (21) Spokane Tribe of Indians;

             (22) Squaxin Island Tribe;

             (23) Stillaguamish Tribe;

             (24) Suquamish Tribe of the Port Madison Reservation;

             (25) Swinomish Indian Community;

             (26) Tulalip Tribes;

             (27) Upper Skagit Indian Tribe;

             (28) Yakama Indian Nation;

             (29) Coeur d'Alene Tribe;

             (30) Confederated Tribes of the Umatilla Indian Reservation;

             (31) Confederated Tribes of Warm Springs;

             (32) Kootenai Tribe; and

             (33) Nez Perce Tribe.

             Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student.


             Sec. 4. RCW 28B.15.012 and 1993 sp.s. c 18 s 4 are each amended to read as follows:

             Whenever used in chapter 28B.15 RCW:

             (1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

             (2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; ((or)) (e) a student who is the spouse or a dependent of a person who is on active military duty stationed in the state; or (f) a student who meets the requirements of section 3 of this act: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

             (3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. A nonresident student shall include:

             (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.

             (b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.

             (4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

             (5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require.


             Sec. 5. RCW 28B.50.839 and 1993 c 87 s 2 are each amended to read as follows:

             (1) In consultation with eligible community and technical colleges, the college board shall set priorities and guidelines for the program.

             (2) Under this section, a college shall not receive more than four faculty grants in twenty-five thousand dollar increments, with a maximum total of one hundred thousand dollars per campus in any biennium.

             (3) All community and technical colleges and foundations shall be eligible for matching trust funds. Institutions and foundations may apply to the college board for grants from the fund in twenty-five thousand dollar increments up to a maximum of one hundred thousand dollars when they can match the state funds with equal cash donations from private sources, except that in the initial year of the program, no college or foundation may receive more than one grant until every college or its foundation has received one grant. These donations shall be made specifically to the exceptional faculty awards program and deposited by the institution or foundation in a local endowment fund or a foundation's fund. Otherwise unrestricted gifts may be deposited in the endowment fund by the institution or foundation.

             (4) Once sufficient private donations are received by the institution or foundation, the institution shall inform the college board and request state matching funds. The college board shall evaluate the request for state matching funds based on program priorities and guidelines. The college board may ask the state treasurer to release the state matching funds to a local endowment fund established by the institution or a foundation's fund established by a foundation for each faculty award created.

             (5) A college, by action of its board of trustees, may transfer those exceptional faculty award funds accumulated in its local endowment fund between July 1, 1991, and July 25, 1993, to its foundation's local endowment fund established as provided in subsection (3) of this section.


             Sec. 6. RCW 28A.600.110 and 1988 c 210 s 4 are each amended to read as follows:

             There is established by the legislature of the state of Washington the Washington state scholars program. The purposes of this program annually are to:

             (1) Provide for the selection of three seniors residing in each legislative district in the state graduating from high schools ((in each legislative district)) who have distinguished themselves academically among their peers.

             (2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of Washington state public and private high school seniors through appropriate recognition ceremonies and events at both the local and state level.

             (3) Provide a listing of the Washington scholars to all Washington state public and private colleges and universities to facilitate communication regarding academic programs and scholarship availability.

             (4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding high school seniors.

             (5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship availability.

             (6) Permit a waiver of tuition and services and activities fees as provided for in RCW 28B.15.543 and grants under RCW 28B.80.245."


             On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.15.725, 28B.15.012, 28B.50.839, and 28A.600.110; amending 1989 c 290 s 1 (uncodified); and adding a new section to chapter 28B.15 RCW."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Bauer, Prince, Drew; Representatives Jacobsen, Quall, Carlson.


             With the consent of the House, further consideration of Engrossed Second Substitute House Bill No. 2605 was deferred.


             The Speaker (Representative R. Meyers presiding) declared the House to be at recess until 6:30 p.m.


EVENING SESSION


             The Speaker (Representative Pruitt presiding) called the House to order at 6:30 p.m.


             The Clerk called the roll and a quorum was present.


             The Speaker assumed the chair.


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


SECOND SUBSTITUTE HOUSE BILL NO. 2228,

SUBSTITUTE HOUSE BILL NO. 2274,

SUBSTITUTE HOUSE BILL NO. 2278,

SUBSTITUTE HOUSE BILL NO. 2351,

SUBSTITUTE HOUSE BILL NO. 2380,

HOUSE BILL NO. 2447,

ENGROSSED HOUSE BILL NO. 2555,

HOUSE BILL NO. 2558,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2644,

SUBSTITUTE HOUSE BILL NO. 2646,

SUBSTITUTE HOUSE BILL NO. 2707,

HOUSE BILL NO. 2905.

SENATE AMENDMENTS TO HOUSE BILL


March 8, 1994


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676 with the following amendment:


             On page 83, after line 20, insert the following:


             "NEW SECTION. Sec. 604. A new section is added to chapter 18.130 RCW to read as follows:

             (1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.

             (2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.

             (3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.

             (4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person."


             On page 2, at the beginning of line 15 of the title, after "RCW;" insert "adding a new section to chapter 18.130 RCW;"


             On page 107, line 31, after "the" strike "committee" and insert "((committee)) board"


             On page 134, after line 13, insert the following:


             "Sec. 754. RCW 43.63A.300 and 1993 c 280 s 68 are each amended to read as follows:

             The legislature finds that fire protection services at the state level are provided by different, independent state agencies. This has resulted in a lack of a comprehensive state-level focus for state fire protection services, funding, and policy. The legislature further finds that the paramount duty of the state in fire protection services is to enhance the capacity of all local jurisdictions to assure that their personnel with fire suppression, prevention, inspection, origin and cause, and arson investigation responsibilities are adequately trained to discharge their responsibilities. It is the intent of the legislature to consolidate fire protection services into a single state agency and to create a state board with the responsibility of (1) establishing a comprehensive state policy regarding fire protection services and (2) advising the ((director of community, trade, and economic development)) governor and the director of fire protection on matters relating to their duties under state law. It is also the intent of the legislature that the fire protection services program created herein will assist local fire protection agencies in program development without encroaching upon their historic autonomy. It is the further intent of the legislature that the fire protection services program be implemented incrementally to assure a smooth transition, to build local, regional, and state capacity, and to avoid undue burdens on jurisdictions with limited resources.


             Sec. 755. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:

             There is created the state fire protection policy board consisting of ((ten)) eight members appointed by the governor:

             (1) ((Three)) One representative((s)) of fire chiefs((. At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district));

             (2) One insurance industry representative;

             (3) One representative of cities and towns;

             (4) One representative of counties;

             (5) ((Two)) One full-time, paid, career fire fighter((s));

             (6) One volunteer fire fighter; ((and))

             (7) One representative of fire commissioners; and

             (8) One representative of fire control programs of the department of natural resources.

             In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.

             The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 855, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.

             The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

             The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.


             Sec. 756. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:

             Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:

             (1)(a) Adopt a state fire training and education master plan which allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and technical colleges to provide academic, vocational, and field training programs for the fire service and (ii) with the higher education coordinating board and the state colleges and universities to provide instructional programs requiring advanced training, especially in command and management skills;

             (b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention, inspection, and investigation responsibilities which assure continuing assessment of skills and are flexible enough to meet emerging technologies. With particular respect to training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent requirements than those adopted by the state;

             (c) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.

             Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;

             (d) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of chapter 43.19 RCW; and

             (e) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law.

             (2) In addition to its responsibilities for fire service training, the board shall:

             (a) Adopt a state fire protection master plan;

             (((2))) (b) Monitor fire protection in the state and develop objectives and priorities to improve fire protection for the state's citizens including: (i) The comprehensiveness of state and local inspections required by law for fire and life safety; (ii) the level of skills and training of inspectors, as well as needs for additional training; and (iii) the efforts of local, regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;

             (((3))) (c) Establish and promote state arson control programs and ensure development of local arson control programs;

             (((4))) (d) Provide representation for local fire protection services to the governor in state-level fire protection planning matters such as, but not limited to, hazardous materials control;

             (((5))) (e) Seek and solicit grants, gifts, bequests, ((devices)) devises, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;

             (((6))) (f) Promote mutual aid and disaster planning for fire services in this state;

             (((7))) (g) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention;

             (((8))) (h) Submit ((annually a)) an annual report to the governor ((containing a statement of)) describing its ((official acts)) activities undertaken pursuant to this chapter, and make such studies, reports, and recommendations to the governor and the legislature as are requested; and

             (((9) Adopt a state fire training and education master plan;

             (10) Develop and adopt a master plan for the construction, equipping, maintaining, and operation of necessary fire service training and education facilities, but the authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;

             (11) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary to establish and operate fire service training and education facilities in a manner provided by law;

             (12) Adopt standards for state-wide fire service training and education courses including courses in arson detection and investigation for personnel of fire, police, and prosecutor's departments;

             (13) Assure the administration of)) (i) Implement any legislation enacted by the legislature ((in pursuance of the aims and purposes)) to meet the requirements of any acts of congress ((insofar as the provisions thereof may)) that apply((;

             (14) Cooperate with the common schools, community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of Congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.

             This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule)) to this section.

             (3) In carrying out its statutory duties, the board shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.

             To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.


             Sec. 757. RCW 43.63A.340 and 1993 c 280 s 71 are each amended to read as follows:

             (1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.

             (2) The ((director of community, trade, and economic development)) governor shall appoint an assistant director who shall be known as the director of fire protection. The board, after consulting with the ((director)) governor, shall prescribe qualifications for the position of director of fire protection. The board shall submit to the ((director)) governor a list containing the names of three persons whom the board believes meet its qualifications. If requested by the ((director)) governor, the board shall submit one additional list of three persons whom the board believes meet its qualifications. The appointment shall be from one of the lists of persons submitted by the board.

             (3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.

             (4) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall((, after consultation with the board,)) prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the department's budget request.

             (5) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall implement and administer, within the constraints established by budgeted resources, the policies of the board ((and all duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection)). Such administration shall include negotiation of agreements with the state board for community and technical colleges, the higher education coordinating board, and the state colleges and universities as provided in RCW 43.63A.320. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and utilizing existing instructional personnel and facilities. Where appropriate, such contracts shall also include planning and conducting instructional programs at the state fire service training center.

             (6) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall seek the advice of the board in carrying out his or her duties under law.


             Sec. 758. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:

             Money from the fire services trust fund may be expended for the following purposes:

             (1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;

             (2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;

             (3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;

             (4) Grants or other subsidies to local ((entities)) jurisdictions to allow them to perform their functions under this section;

             (5) Costs of administering these programs under this section;

             (6) Licensing and enforcement of state laws governing the sales of fireworks; and

             (7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.


             Sec. 759. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:

             (1) The chief of each organized fire department, the sheriff or other designated county official, and the designated city or town official shall investigate the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within their respective jurisdictions, as determined by this subsection, and shall forthwith notify the ((director of community development, through the)) director of fire protection((,)) of all fires of criminal, suspected, or undetermined cause occurring within their respective jurisdictions. The county fire marshal shall also be notified of and investigate all such fires occurring in unincorporated areas of the county. Fire departments shall have the responsibility imposed by this subsection for areas within their jurisdictions. Sheriffs or other designated county officials shall have responsibility imposed by this subsection for county areas not within the jurisdiction of a fire department, unless such areas are within the boundaries of a city or town, in which case the designated city or town official shall have the responsibility imposed by this subsection. For the purposes of this subsection, county officials shall be designated by the county legislative authority, and city or town officials shall be designated by the appropriate city or town legislative or executive authority. In addition to the responsibility imposed by this subsection, any sheriff or chief of police may assist in the investigation of the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within his or her respective jurisdiction.

             (2) The ((director of community development, through the)) director of fire protection or his or her deputy((,)) may investigate any fire for the purpose of determining its cause, origin, and the extent of the loss. The ((director of community development, through the)) director of fire protection or his or her deputy((,)) shall assist in the investigation of those fires of criminal, suspected, or undetermined cause when requested by the reporting agency. In the investigation of any fire of criminal, suspected, or undetermined cause, the ((director of community development and the)) director of fire protection or his or her deputy((,)) are vested with police powers to enforce the laws of this state. To exercise these powers, authorized deputies must receive prior written authorization from the ((director of community development, through the)) director of fire protection((,)) and shall have completed a course of training prescribed by the Washington state criminal justice training commission.


             Sec. 760. RCW 48.48.065 and 1986 c 266 s 72 are each amended to read as follows:

             (1) The chief of each organized fire department, or the sheriff or other designated county official having jurisdiction over areas not within the jurisdiction of any fire department, shall report statistical information and data to the ((director of community development, through the)) director of fire protection((,)) on each fire occurring within the official's jurisdiction. Reports shall be consistent with the national fire incident reporting system developed by the United States fire administration and rules established by the ((director of community development, through the director of)) fire protection policy board. The ((director of community development, through the)) director of fire protection((,)) and the department of natural resources shall jointly determine the statistical information to be reported on fires on land under the jurisdiction of the department of natural resources.

             (2) The ((director of community development, through the)) director of fire protection((,)) shall analyze the information and data reported, compile a report, and distribute a copy annually by ((January 31)) June 30 to each chief fire official in the state. Upon request, the ((director of community development, through the)) director of fire protection((,)) shall also furnish a copy of the report to any other interested person at cost.

             (3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may contract with a qualified individual or organization to gather and report such information under the following conditions:

             (a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and

             (b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.


             NEW SECTION. Sec. 761. A new section is added to chapter 43.10 RCW to read as follows:

             (1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.

             (2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.

             (b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.

             (c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.

             (d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.


             Sec. 762. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:

             If as the result of any such investigation, or because of any information received, the ((director of community development, through the)) director of fire protection((,)) is of the opinion that there is evidence sufficient to charge any person with any crime, he or she may cause such person to be arrested and charged with such offense, and shall furnish to the prosecuting attorney of the county in which the offense was committed, the names of witnesses and all pertinent and material evidence and testimony within his or her possession relative to the offense.


             Sec. 763. RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:

             Any fire protection district organized under this title may:

             (1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;

             (2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;

             (3) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;

             (4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;

             (5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;

             (6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;

             (7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;

             (8) Perform acts consistent with this title and not otherwise prohibited by law.


             NEW SECTION. Sec. 764. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.


             NEW SECTION. Sec. 765. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.


             NEW SECTION. Sec. 766. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.


             NEW SECTION. Sec. 767. This act does not apply to forest fire service personnel and programs.


             NEW SECTION. Sec. 768. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.


             Sec. 769. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:

             Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

             (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 770 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

             (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.


             NEW SECTION. Sec. 770. A new section is added to chapter 84.52 RCW to read as follows:

             (1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

             (2) The state fire protection services account is hereby created in the state treasury. All receipts from the tax levied under this section shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for state fire protection responsibilities.


             NEW SECTION. Sec. 771. A new section is added to chapter 84.52 RCW to read as follows:

             When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:

             (1) If the limitation is exceeded only as a result of the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;

             (2) If the limitation is exceeded as a result of both the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 770 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.


             NEW SECTION. Sec. 772. Sections 754 through 771 of this act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."


             On page 2, line 2 of the title, after "74.42.380," insert "43.63A.300, 43.63A.310, 43.63A.320, 43.63A.340, 43.63A.377, 48.48.060, 48.48.065, 48.48.080, 52.12.031, 84.52.043,"

             On page 2, line 17 of the title, after "18 RCW;" insert "adding a new section to chapter 43.10 RCW; adding new sections to chapter 84.52 RCW;"

             On page 2, line 37 of the title, after "18.138.080," insert "48.48.120,"

             On page 3, beginning on line 7 of the title, strike "and providing an effective date" and insert "providing an effective date; and providing for submission of certain sections of this act to a vote of the people"

             On page 177, after line 36, insert the following:


             "NEW SECTION. Sec. 872. The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.


             NEW SECTION. Sec. 873. (1) The governor shall conduct a review of all of the boards and commissions identified under section 4 of this act and, by January 1, 1995, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 10, 1995, to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1, 1994, by the standing committees of the legislature.

             (2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.

             (3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.

             (a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?

             (b) Does the work of the board or commission directly affect public safety, welfare, or health?

             (c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?

             (d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?

             (e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?

             (f) Is the work of the board or commission being done by another board, commission, or state agency?

             (g) Could the work of the board or commission be effectively done by a nonpublic entity?

             (h) Will termination of the board or commission result in a significant loss of expertise to state government?

             (i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?

             (j) Could the work of the board or commission be done by an ad hoc committee?


             NEW SECTION. Sec. 874. The legislature shall consider and enact or not enact the legislation requested by the governor under section 2 of this act in accordance with the rules of each house, except that either house of the legislature may not add to or delete from the list of boards and commissions as requested by the governor unless done so by a unanimous vote of the members voting. The legislature may adopt such technical amendments as are necessary by a majority vote.


             NEW SECTION. Sec. 875. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.


             NEW SECTION. Sec. 876. A new section is added to chapter 43.88 RCW to read as follows:

             (1) A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established between the effective date of this section and December 31, 1997, without the express approval of the director of financial management. The director shall, before the first Monday of January each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.

             (2) Effective July 1, 1995, the total number of boards and commissions approved by the director of financial management may not exceed the difference between the number of boards and commissions terminated under section 873 of this act and any boards and commissions created by the legislature.


             NEW SECTION. Sec. 877. A new section is added to chapter 43.88 RCW to read as follows:

             When acting on a request to establish a new board or commission under section 876 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:

             (1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;

             (2) If approval will not result in duplication of the work or responsibilities of another governmental agency;

             (3) If approval will not have a significant impact on state revenues;

             (4) If approval is for a limited duration or on an ad hoc basis;

             (5) If the work of the board or commission could be effectively done by a nonpublic entity;

             (6) If approval will result in significant enhancement of expertise in state government; and

             (7) If approval will result in operational efficiencies other than fiscal savings.


             NEW SECTION. Sec. 878. The following acts or parts of acts are each repealed:

             (1) Section 873 of this act;

             (2) Section 874 of this act; and

             (3) Section 875 of this act.


             NEW SECTION. Sec. 879. The following acts or parts of acts are each repealed:

             (1) Section 872 of this act;

             (2) Section 876 of this act; and

             (3) Section 877 of this act.


             NEW SECTION. Sec. 880. (1) Sections 872 through 877 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.

             (2) Section 878 of this act shall take effect December 31, 1995.

             (3) Section 879 of this act shall take effect January 1, 1997."


             On page 3, line 8 of the title, after "date" insert "adding new sections to chapter 43.88 RCW; and declaring an emergency"

             On page 177, after line 36, insert the following:

             "NEW SECTION. Sec. 872. (1) There is created a legislative task force on liquor control administration. The task force shall be comprised of the following members:

             (a) Two members from each caucus of the senate, appointed by the president of the senate; and

             (b) Two members from each caucus of the house of representatives, appointed by the speaker of the house of representatives.

             (2) The task force shall solicit the involvement of at least one representative of the following entities: The liquor control board; the office of financial management; state employee unions; liquor manufacturers; liquor wholesalers; and liquor retailers.

             (3) The task force shall examine the current administrative structure of the liquor control board and consider alternative administrative structures, including the appointment of an executive director and the creation of a part-time board. The task force shall make recommendations regarding:

             (a) Whether an executive director position should be created; and

             (b) If so, the divisions of the following responsibilities between the board and the director: (i) Management of liquor stores and agencies; (ii) rule-making; (iii) licensing; (iv) enforcement; and (v) marketing; and

             (c) Whether a part-time board should be created.

             (4) The task force shall complete its work and issue any recommendations by December 31, 1994. The task force shall expire December 31, 1994."

             On page 178, before line 1, insert the following:


              "NEW SECTION. Sec. 871. The Washington traffic safety commission is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state patrol.


             NEW SECTION. Sec. 872. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington traffic safety commission shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington traffic safety commission shall be made available to the Washington state patrol. All funds, credits, or other assets held by the Washington traffic safety commission shall be assigned to the Washington state patrol.

             Any appropriations made to the Washington traffic safety commission shall, on the effective date of this section, be transferred and credited to the Washington state patrol.

             Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.


             NEW SECTION. Sec. 873. All employees of the Washington traffic safety commission are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.


             NEW SECTION. Sec. 874. All rules and all pending business before the Washington traffic safety commission shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.


             NEW SECTION. Sec. 875. The transfer of the powers, duties, functions, and personnel of the Washington traffic safety commission shall not affect the validity of any act performed prior to the effective date of this section.


             NEW SECTION. Sec. 876. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.


             NEW SECTION. Sec. 877. Nothing contained in sections 1 through 6 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.


             NEW SECTION. Sec. 878. A new section is added to chapter 43.06 RCW to read as follows:

             The governor shall be responsible for the administration of the traffic safety program of the state and shall be the official of the state having ultimate responsibility for dealing with the federal government with respect to all programs and activities of the state and local governments pursuant to the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966 and in so doing, to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be assisted in these duties and responsibilities by the Washington state patrol.


             NEW SECTION. Sec. 879. A new section is added to chapter 43.06 RCW to read as follows:

             The governor shall be assisted in the duties and responsibilities under section 8 of this act by the advisory committee on traffic safety. The advisory committee on traffic safety shall be composed of the governor as chair, the superintendent of public instruction, the director of licensing, the secretary of transportation, the chief of the state patrol, the secretary of health, the secretary of social and health services, a representative of the association of Washington cities to be appointed by the governor, a member of the Washington state association of counties to be appointed by the governor, a representative of the judiciary to be appointed by the governor, and four public citizens representing traffic safety interests to be appointed by the governor. In addition, appointments to any vacancies among appointee members shall be as in the case of original appointment.

             The governor or any advisory committee member except those appointed by the governor under this section may designate an employee of his or her office or agency to act on his or her behalf during the absence of the governor or member at one or more of the meetings of the committee. The vote of the designee shall have the same effect as if cast by the member if the designation is in writing and is presented to the person presiding at the meetings included within the designation.

             The governor may designate a member to preside during the governor's absence.

             The chief of the state patrol shall be responsible for convening the committee and shall serve as secretary.


             NEW SECTION. Sec. 880. A new section is added to chapter 43.06 RCW to read as follows:

             The advisory committee on traffic safety shall provide assistance and guidance in the development of the highway safety plan required pursuant to the Highway Safety Act of 1966; develop recommendations for the creation, revision, or enforcement of traffic safety laws; promote programs to improve traffic safety; and advise and assist the governor and the state patrol, as requested, in carrying out their duties and responsibilities pertaining to the state's traffic safety program. Staff support for the committee shall be provided by the state patrol. The committee shall meet at least one time per year.


             NEW SECTION. Sec. 881. A new section is added to chapter 43.43 RCW to read as follows:

             In addition to other responsibilities set forth in this chapter the state patrol shall:

             (1) Assist the governor to carry out duties and responsibilities pertaining to the traffic safety program of the state and the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731) as provided in section 8 of this act;

             (2) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 for participation in the aims and programs and purposes of that act;

             (3) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;

             (4) Provide staff support to the advisory committee on traffic safety as provided under section 10 of this act;

             (5) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington traffic safety commission;

             (6) Carry out such other responsibilities as may be consistent with section 12 of this act.


             NEW SECTION. Sec. 882. A new section is added to chapter 43.43 RCW to read as follows:

             The governor's traffic safety program as provided in section 8 of this act shall be located in the office of the chief. As the agency carrying out the governor's traffic safety program, the Washington state patrol shall have the following responsibilities: To find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local levels in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed under the federal Highway Safety Act of 1966.


             NEW SECTION. Sec. 883. A new section is added to chapter 43.43 RCW to read as follows:

             The Washington state patrol shall submit a report each biennium outlining programs planned and steps taken toward improving traffic safety to the chair of the legislative transportation committee.


             NEW SECTION. Sec. 884. A new section is added to chapter 43.43 RCW to read as follows:

             The Washington state patrol shall produce and disseminate through all possible media, informational and educational materials explaining the extent of the problems caused by drinking drivers, the need for public involvement in their solution, and the penalties of existing and new laws against driving while under the influence of intoxicating liquor or any drug.


             Sec. 885. RCW 28A.170.050 and 1987 c 518 s 209 are each amended to read as follows:

             The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and noncertificated staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the ((traffic safety commission)) Washington state patrol; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.


             Sec. 886. RCW 43.03.028 and 1993 c 281 s 45 and 1993 c 101 s 14 are each reenacted and amended to read as follows:

             (1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.

             (2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

             The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; ((the traffic safety commission;)) the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

             The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

             (3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.


             Sec. 887. RCW 43.43.390 and 1991 c 214 s 1 are each amended to read as follows:

             Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.

             A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with ((the traffic safety commission and with)) bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.


             Sec. 888. RCW 43.70.410 and 1990 c 270 s 3 are each amended to read as follows:

             As used in RCW 43.70.400 through 43.70.440, the term "head injury" means traumatic brain injury.

             A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.

             In consultation with the ((traffic safety commission)) Washington state patrol, the department shall, directly or by contract, identify and coordinate public education efforts currently underway within state government and among private groups to prevent traumatic brain injury, including, but not limited to, bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it may, within funds appropriated for the purpose, provide grants to promote public education efforts. Grants may be awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their communities, including at least schools, brain injury support organizations, hospitals, physicians, traffic safety specialists, police, and the public. The department may accept grants, gifts, and donations from public or private sources to use to carry out the head injury prevention program.

             The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.


             Sec. 889. RCW 43.70.420 and 1990 c 270 s 4 are each amended to read as follows:

             The department of health, the department of licensing, and the ((traffic safety commission)) Washington state patrol shall jointly prepare information for driver license manuals, driver education programs, and driving tests to increase driver awareness of pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers' abilities to avoid pedestrian motor vehicle accidents.


             Sec. 890. RCW 44.40.070 and 1988 c 167 s 10 are each amended to read as follows:

             Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the utilities and transportation commission, the transportation improvement board, the Washington state patrol, the department of licensing, ((the traffic safety commission,)) the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.

             The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.


             Sec. 891. RCW 46.01.030 and 1990 c 250 s 14 are each amended to read as follows:

             The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:

             (1) driver examining and licensing;

             (2) driver improvement;

             (3) driver records;

             (4) financial responsibility;

             (5) certificates of ownership;

             (6) certificates of license registration and license plates;

             (7) proration and reciprocity;

             (8) liquid fuel tax collections;

             (9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;

             (10) general highway safety promotion in cooperation with the Washington state patrol ((and traffic safety commission));

             (11) such other activities as the legislature may provide.


             Sec. 892. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:

             (1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

             (2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, ((the director of the Washington traffic safety commission)), and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.

             (3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.


             Sec. 893. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:

             (1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state ((traffic safety commission)) patrol. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.

             (2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.

             (3) Duties of the advisory committee shall be to:

             (a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;

             (b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;

             (c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; and

             (d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.


             Sec. 894. RCW 46.90.010 and 1993 c 400 s 2 are each amended to read as follows:

             In consultation with the chief of the Washington state patrol ((and the traffic safety commission)), the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).


             Sec. 895. RCW 47.01.250 and 1990 c 266 s 5 are each amended to read as follows:

             The chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing are designated as official consultants to the transportation commission so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the transportation commission and the secretary of transportation on the implications and impacts on the transportation related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.

             In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities. The secretary of transportation shall provide written comments to the governor and the legislature on the extent to which the state patrol's, ((the traffic safety commission's,)) the county road administration board's, and the department of licensing's final plans, programs, and budgets are compatible with the priorities established in the department of transportation's final plans, programs, and budgets.


             NEW SECTION. Sec. 896. The following acts or parts of acts are each repealed:

             (1) RCW 43.59.010 and 1967 ex.s. c 147 s 1;

             (2) RCW 43.59.020 and 1967 ex.s. c 147 s 2;

             (3) RCW 43.59.030 and 1991 c 3 s 298, 1982 c 30 s 1, 1979 c 158 s 105, 1971 ex.s. c 85 s 7, 1969 ex.s. c 105 s 1, & 1967 ex.s. c 147 s 3;

             (4) RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 & 1967 ex.s. c 147 s 4;

             (5) RCW 43.59.050 and 1975-'76 2nd ex.s. c 34 s 120 & 1967 ex.s. c 147 s 6;

             (6) RCW 43.59.060 and 1967 ex.s. c 147 s 7;

             (7) RCW 43.59.070 and 1967 ex.s. c 147 s 8;

             (8) RCW 43.59.080 and 1967 ex.s. c 147 s 9;

             (9) RCW 43.59.130 and 1987 c 505 s 31, 1971 ex.s. c 195 s 5, & 1967 ex.s. c 147 s 14; and

             (10) RCW 43.59.140 and 1991 c 290 s 4 & 1983 c 165 s 42.


             NEW SECTION. Sec. 897. This act shall take effect July 1, 1994."


             On page 2, line 11 of the title, strile "and 90.54.190" and insert "90.54.190, 28A.170.050, 43.43.390, 43.70.410, 43.70.420, 44.40.070, 46.01.030, 46.52.120, 46.82.300, 46.90.010, and 47.01.250"

             On page 2, line 12 of the amendment, strike "and"

             On page 2, line 13 of the amendment, after "050" insert ", and 43.03.028"

             On pate 2, line 16 of the title, before "creating" insert "adding new sections to chapter 43.06 RCW; adding new sections to chapter 43.43 RCW;"


             On page 3, line 7 of the title, before the semicolon insert ", 43.59.010, 43.59.020, 43.59.030, 43.59.040, 43.59.050, 43.59.060, 43.59.070, 43.59.080, 43.59.130, and 43.59.140"

and the same is herewith transmitted.


Marty Brown, Secretary


POINT OF ORDER


             Representative Sommers: Mr. Speaker, I request a ruling on the scope and object of Senate amendment Number 406 to Engrossed Substitute House Bill No. 2676.


SPEAKER'S RULING


             In ruling on the point of order, the Speaker finds that Substitute House Bill No. 2676 is entitled "an act relating to the restructuring of boards, committees, commissions and councils." The measure abolishes or consolidates numerous boards, councils and commissions. Senate amendment number 406 includes authorization for a property tax to fund fire protection and prevention to be submitted to a vote of the people at the next general election. This provision is unrelated to the restructuring, abolishment or consolidation of government boards, committees, commissions or councils.

             The Speaker therefore finds that Senate Amendment number 406 is beyond the scope and object of the bill and that the point of order is well taken.


MOTION


             Representative Sommers moved that the House concur in Senate amendments 452, 522, 390 and 523 to Engrossed Substitute House Bill No. 2676 and refuses to concur in amendments number 314 and 406 and ask the Senate to recede therefrom. The motion was carried.


             With the consent of the House, the House resumed consideration of Engrossed Second Substitute House Bill No. 2605.


MOTION


             Representative Johanson moved that the House adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2605 and pass the bill as recommended by the Conference Committee.


             Representatives Jacobsen, Carlson, Dyer and Flemming spoke in favor of the motion. The motion was carried.


MOTIONS


             On motion of Representative L. Thomas, Representative Wood was excused.

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


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2605 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2605, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 95.

             Voting nay: Representative Wang - 1.

             Excused: Representatives Riley and Wood - 2.


             Engrossed Second Substitute House Bill No. 2605, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED HOUSE BILL NO. 1756, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown, Secretary


REPORT OF CONFERENCE COMMITTEE


EHB 1756                                                                                                                                              March 8, 1994


Includes "NEW ITEM": YES


             Requiring the use of licensed or certified electricians for certain purposes.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 1756, Certified electricians use, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendment by the Conference Committee (See attached 1756.E AMC CONF S5929.1) be adopted:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 19.28.610 and 1992 c 240 s 3 are each amended to read as follows:

             Nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him((: PROVIDED, HOWEVER, That)) or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease. However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence. The owner shall apply to the department for this exemption and may only receive an exemption once every twenty-four months. It is intended that the owner receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units. Nothing in RCW 19.28.510 through 19.28.620 shall be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW 19.28.010(((2)))(3), except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the electrical construction trade((: AND PROVIDED FURTHER, That)). RCW 19.28.510 through 19.28.620 shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees((: AND PROVIDED FURTHER, That)). Nothing in RCW 19.28.510 through 19.28.620 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems. The licensing provisions of RCW 19.28.510 through 19.28.620 shall not apply to:

             (1) Persons making electrical installations on their own property((;

             (2))) or to regularly employed employees working on the premises of their employer, unless the electrical work is on the construction of a new building intended for rent, sale, or lease; or

             (((3))) (2) Employees of an employer while the employer is performing utility type work of the nature described in RCW 19.28.200 so long as such employees have registered in the state of Washington with or graduated from a state-approved outside lineman apprenticeship course that is recognized by the department and that qualifies a person to perform such work((:)).

             ((AND PROVIDED FURTHER, That))

             Nothing in RCW 19.28.510 through 19.28.620 shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing the electrical installation hold themselves out as engaged in the trade or business of electrical installations. Nothing precludes any person who is exempt from the licensing requirements of this chapter under this section from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter."


             On page 1, line 1 of the title, after "19.28.620;" strike the remainder of the title and insert "and amending RCW 19.28.610."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Sutherland, Hochstatter, Prentice; Representatives Heavey, Veloria, Chandler.


MOTION


             Representative G. Cole moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 1756 and pass the bill as recommended by the Conference Committee.


             Representatives G. Cole and Chandler spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1756 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1756 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, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Riley and Wood - 2.


             Engrossed House Bill No. 1756 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED HOUSE BILL NO. 2190, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.

Marty Brown, Secretary


             With the consent of the House, the rules were suspended and the Conference Committee Report on Engrossed House Bill No. 2190 was considered.


REPORT OF CONFERENCE COMMITTEE


EHB 2190                                                                                                                                              March 8, 1994


Includes "NEW ITEM": YES


             Modifying limitations of housing-related capital bond proceeds.



Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 2190, Housing trust fund/bond proc, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendment by the Conference Committee (See attached 2190.E AMC CONF H4557.2) be adopted,


             Strike everything after the enacting clause and insert the following:


             "Sec. 2. RCW 43.185.050 and 1991 c 356 s 4 are each amended to read as follows:

             (1) The department shall use moneys from the housing trust fund and other legislative appropriations to finance in whole or in part any loans or grant projects that will provide housing for persons and families with special housing needs and with incomes at or below fifty percent of the median family income for the county or standard metropolitan statistical area where the project is located. At least thirty percent of these moneys used in any given funding cycle shall be for the benefit of projects located in rural areas of the state as defined by the department ((of community development)). If the department determines that it has not received an adequate number of suitable applications for rural projects during any given funding cycle, the department may allocate unused moneys for projects in nonrural areas of the state.

             (2) Activities eligible for assistance from the housing trust fund and other legislative appropriations include, but are not limited to:

             (a) New construction, rehabilitation, or acquisition of low and very low-income housing units;

             (b) Rent subsidies;

             (c) Matching funds for social services directly related to providing housing for special-need tenants in assisted projects;

             (d) Technical assistance, design and finance services and consultation, and administrative costs for eligible nonprofit community or neighborhood-based organizations;

             (e) Administrative costs for housing assistance groups or organizations when such grant or loan will substantially increase the recipient's access to housing funds other than those available under this chapter;

             (f) Shelters and related services for the homeless;

             (g) Mortgage subsidies, including temporary rental and mortgage payment subsidies to prevent homelessness;

             (h) Mortgage insurance guarantee or payments for eligible projects;

             (i) Down payment or closing cost assistance for eligible first-time home buyers;

             (j) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing; and

             (k) Projects making housing more accessible to families with members who have disabilities.

             (3) Legislative appropriations from capital bond proceeds ((and moneys from repayment of loans from appropriations from capital bond proceeds)) may be used only for the costs of projects authorized under subsection (2) (a), (i), and (j) of this section, and not for the administrative costs of the department.

             (4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the housing assistance program except for activities authorized under subsection (2) (b) and (c) of this section.

             (5) Administrative costs of the department shall not exceed four percent of the annual funds available for the housing assistance program.


             Sec. 3. RCW 43.185.060 and 1991 c 295 s 1 are each amended to read as follows:

             Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, regional support networks established under chapter 71.24 RCW, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or state-wide nonprofit housing assistance organizations.

             Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.


             Sec. 4. RCW 43.185A.030 and 1991 c 356 s 12 are each amended to read as follows:

             (1) Using moneys specifically appropriated for such purpose, the department shall finance in whole or in part projects that will provide housing for low-income households.

             (2) Activities eligible for assistance include, but are not limited to:

             (a) New construction, rehabilitation, or acquisition of housing for low-income households;

             (b) Rent subsidies in new construction or rehabilitated multifamily units;

             (c) Down payment or closing costs assistance for first-time home buyers;

             (d) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units; and

             (e) Mortgage insurance guarantee or payments for eligible projects.

             (3) Legislative appropriations from capital bond proceeds ((and moneys from repayment of loans from appropriations from capital bond proceeds)) may be used only for the costs of projects authorized under subsection (2)(a), (c), (d), and (e) of this section, and not for the administrative costs of the department.

             (4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the affordable housing program except for activities authorized under subsection (2)(b) of this section.

             (5) Administrative costs of the department shall not exceed four percent of the annual funds available for the affordable housing program.


             Sec. 5. RCW 43.185A.040 and 1991 c 356 s 13 are each amended to read as follows:

             Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or state-wide nonprofit housing assistance organizations.

             Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made."


             On page 1, line 1 of the title, after "fund;" strike the remainder of the title and insert "and amending RCW 43.185.050, 43.185.060, 43.185A.030, and 43.185A.040."

and that the bill do pass as recommended by the Conference Committee.

Senators Prentice, Amondson, Pelz; Representative Wang, Ogden, Morris


MOTION


             Representative Wang moved that the House adopt the Report of the Conference Committee on Engrossed House Bill No. 2190 and pass the bill as recommended by the Conference Committee. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2190 as recommended by the Conference Committee.


             Representatives Ogden and Sehlin spoke in favor of the passage of the bill and Representative McMorris spoke against it.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2190 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 64, Nays - 32, Absent - 0, Excused - 2.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Basich, Bray, Brown, Carlson, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Reams, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 64.

             Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Dyer, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Lemmon, Lisk, McMorris, Mielke, Padden, Rayburn, Roland, Schmidt, Sheldon, Silver, Stevens, Tate, Thomas, B., Thomas, L. and Van Luven - 32.

             Excused: Representatives Riley and Wood - 2.


             Engrossed House Bill No. 2190, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to SUBSTITUTE HOUSE BILL NO. 1159, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown, Secretary


             With the consent of the House, the rules were suspended and the Conference Committee Report on Substitute House Bill No. 1159 was considered.


REPORT OF CONFERENCE COMMITTEE


SHB 1159                                                                                                                                               March 8, 1994


Includes "NEW ITEM": YES


             Disclosing improper governmental action.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1159, Whistleblower protection, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendment by the Conference Committee (See attached 1159-S AMC CONF S5938.1) be adopted,


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 42.41.020 and 1992 c 44 s 2 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1)(a) "Improper governmental action" means any action by a local government officer or employee:

             (i) That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and

             (ii) That is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.

             (b) "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken under chapter 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.

             (2) "Local government" means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to cities, counties, school districts, and special purpose districts.

             (3) "Retaliatory action" means: (a) Any adverse change in a local government employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action; or (b) hostile actions by another employee towards a local government employee that were encouraged by a supervisor or senior manager or official.

             (4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.


             NEW SECTION. Sec. 2. A new section is added to chapter 42.41 RCW to read as follows:

             (1) A local government official or employee may not use his or her official authority or influence, directly or indirectly, to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee's right to disclose information concerning an improper governmental action in accordance with the provisions of this chapter.

             (2) Nothing in this section authorizes an individual to disclose information prohibited by law."


             On page 1, line 1 of the title, after "action;" strike the remainder of the title and insert "amending RCW 42.41.020; and adding a new section to chapter 42.41 RCW."

and that the bill do pass as recommended by the Conference Committee.

Senators Haugen, Winsley, Drew; Representatives H. Myers, Springer, Edmondson


MOTION


             Representative H. Myers moved that the House adopt the Report of the Conference Committee on Substitute House Bill No. 1159 and pass the bill as recommended by the Conference Committee.


             Representatives H. Myers and Edmondson spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1159 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1159, 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, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Riley and Wood - 2.


             Substitute House Bill No. 1159, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGES FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The President has signed:


SENATE BILL NO. 6065,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6071,

SENATE BILL NO. 6080,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6084,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6111,

SUBSTITUTE SENATE BILL NO. 6138,

SUBSTITUTE SENATE BILL NO. 6428,

SENATE BILL NO. 6584,and the same are herewith transmitted.


Marty Brown, Secretary


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


SECOND SUBSTITUTE SENATE BILL NO. 5372,

THIRD SUBSTITUTE SENATE BILL NO. 5918,

ENGROSSED SENATE BILL NO. 5920,

SUBSTITUTE SENATE BILL NO. 6018,

ENGROSSED SENATE BILL NO. 6044,

SECOND SUBSTITUTE SENATE BILL NO. 6053,

ENGROSSED SENATE BILL NO. 6057,

SENATE BILL NO. 6065,

SUBSTITUTE SENATE BILL NO. 6070,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6071,

SENATE BILL NO. 6080,

SUBSTITUTE SENATE BILL NO. 6081,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6084,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6111,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6123,

SUBSTITUTE SENATE BILL NO. 6138,

SUBSTITUTE SENATE BILL NO. 6143,

SENATE BILL NO. 6203,

SUBSTITUTE SENATE BILL NO. 6217,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6228,

SENATE BILL NO. 6266,

SUBSTITUTE SENATE BILL NO. 6283,

ENGROSSED SENATE BILL NO. 6284,

SUBSTITUTE SENATE BILL NO. 6298,

SUBSTITUTE SENATE BILL NO. 6307,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6339,

ENGROSSED SENATE BILL NO. 6356,

SENATE BILL NO. 6377,

SENATE BILL NO. 6408,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6426,

SUBSTITUTE SENATE BILL NO. 6428,

SUBSTITUTE SENATE BILL NO. 6447,

SUBSTITUTE SENATE BILL NO. 6466,

SUBSTITUTE SENATE BILL NO. 6487,

ENGROSSED SENATE BILL NO. 6493,

SENATE BILL NO. 6516,

SENATE BILL NO. 6584,

SENATE JOINT MEMORIAL NO. 8030.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to SUBSTITUTE HOUSE BILL NO. 2627, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown,Secretary


             With the consent of the House, the rules were suspended and the report of the Conference Committee on Substitute House Bill No. 2627 was considered.


REPORT OF CONFERENCE COMMITTEE


SHB 2627                                                                                                                                               March 8, 1994


Includes "NEW ITEM": YES


             Creating a housing finance program.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 2627, Single-family home ownership, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendment by the Conference Committee (See attached 2627-S AMC CONF S5940.1) be adopted:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 43.180 RCW to read as follows:

             The commission, in cooperation with the department of community, trade, and economic development, and the state investment board, shall develop and implement a housing finance program that:

             (1) Provides subsidized or unsubsidized mortgage financing for single-family home ownership, including a single condominium unit, located in the state of Washington;

             (2) Requests the state investment board to make investments, within its policies and investment guidelines, in mortgage-backed securities that are collateralized by loans made within the state of Washington; and

             (3) Provides flexible loan underwriting guidelines, including but not limited to provisions that will allow reduced downpayment requirements for the purchaser.


             NEW SECTION. Sec. 2. A new section is added to chapter 43.180 RCW to read as follows:

             The housing finance program developed under section 1 of this act shall:

             (1) Be limited to borrowers with incomes that do not exceed one hundred fifteen percent of the state or county median family income, whichever is higher, adjusted for family size;

             (2) Be limited to first-time home buyers as defined in RCW 43.185A.010;

             (3) Be targeted so that priority is given to low-income households as defined in RCW 43.185A.010;

             (4) To the extent funds are made available, provide either downpayment or closing costs assistance to households eligible for assistance under chapter 43.185A RCW and this chapter; and

             (5) Provide notification to active participants of the state retirement systems managed by the department of retirement systems under chapter 41.50 RCW.


             NEW SECTION. Sec. 3. A new section is added to chapter 43.180 RCW to read as follows:

             (1) The commission shall submit to the legislature in its annual report a summary of the progress of the housing finance program developed under section 1 of this act. The report shall include, but not be limited to the number of loans made and location of property financed under sections 1 and 2 of this act.

             (2) The commission shall take such steps as are necessary to ensure that sections 1 and 2 of this act are implemented on the effective date of this act.


             NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

             On page 1, line 1 of the title, after "finance;" strike the remainder of the title and insert "and adding new sections to chapter 43.180 RCW."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Moore, Amondson, Prentice; Representatives Wineberry, Quall, Schoesler.


MOTION


             Representative Wineberry moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 2627 and pass the bill as recommended by the Conference Committee.


             Representatives Quall, Schoesler and B. Thomas spoke in favor of the motion and Representative Dorn spoke against it. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2627 as recommended by the Conference Committee.


             Representative Wineberry spoke in favor of passage of the bill and Representatives Basich and Sheldon spoke against it.


             Representative Wineberry again spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2627 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, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Riley and Wood - 2.


             Substitute House Bill No. 2627, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 9, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown, Secretary


             With the consent of the House, the rules were suspended and the Conference Committee Report on Engrossed Substitute House Bill No. 1652 was considered.


REPORT OF CONFERENCE COMMITTEE


ESHB 1652                                                                                                                                            March 8, 1994


Includes "NEW ITEM": YES


             Revising provisions relating to animal cruelty.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652, Animal cruelty, have had the same under consideration and we recommend that:


             That the Senate Committee on Law and Justice striking amendment (1652-S.E AAS 3/3/94) be adopted with the following change:


             On page 6, line 24 of the striking amendment, after "intentionally" strike "or knowingly"

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators A. Smith, Nelson; Representatives Johanson, Romero, Fuhrman.


MOTION


             Representative Johanson moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1652 and pass the bill as recommended by the Conference Committee.


             Representative Johanson spoke in favor of the motion. Representative Fuhrman spoke against the motion. The motion was carried.


FINAL PASSAGE OF HOUSE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1652 as recommended by the Conference Committee.


             Representatives Cooke, Van Luven and Reams 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. 1652 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

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

             Voting nay; Representatives Fuhrman and McMorris-2

             Excused: Representatives Riley and Wood - 2.


             Engrossed Substitute House Bill No. 1652 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative R. Meyers to preside.


REPORT OF CONFERENCE COMMITTEE


SB 6074                                                                                                                                       Date: March 7, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred SENATE BILL NO. 6074, changing the Washington award for excellence, have had the same under consideration and we recommend that the House Education Committee amendment not be adopted and that the bill be amended as follows:

 

On page 3, line 36, after "employees," insert "superintendents employed by second class school districts,"

On page 4, beginning on line 1, after "award" strike all material down to and including "than" on line 2 and insert "of at least"

On page 4, line 3, after "dollars." insert "The amount of the recognition award for superintendents employed by first class school districts shall be at least one thousand dollars."

On page 4, after line 4, strike all material down to and including "(4)" on line 9 and insert "(3)"

and that the bill do pass as recommended by the Conference Committee. 

             Signed by Senators Pelz, Moyer, McAuliffe; Representatives Dorn, Cothern, Brough.


MOTION


             Representative Cothern moved that the House adopt the Report of the Conference Committee on Senate Bill No. 6074 and pass the bill as recommended by the Conference Committee.


             Representative Cothern spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6074 as recommended by the Conference Committee.


             Representatives Brough and Dorn spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6074, 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, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Riley and Wood - 2.


             Senate Bill No. 6074, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE


SSB 6204                                                                                                                                    Date: March 9, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6204, changing seaweed harvesting provisions, have had the same under consideration and we recommend that the attached House amendment (6204-S AME FW AMH-42) be adopted with the following amendment:


             On page 1, line 25 of the amendment (6204-S AME FW AMH-42), after "fishery." insert:

              "(4) Seaweed species of the genus Macrocystis may not be imported after July 1, 1995 for use in the herring spawn-on-kelp fishery."


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 79.01.805 and 1993 c 283 s 3 are each amended to read as follows:

             (1) The maximum daily wet weight harvest or possession of seaweed for personal use from all ((private and public tidelands and state bedlands)) aquatic lands as defined under RCW 79.90.010 and all privately owned tidelands is ten pounds per person. The department of natural resources in cooperation with the department of ((fisheries)) fish and wildlife may establish seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.

             (2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from aquatic lands as defined under RCW 79.90.010, and all privately owned tidelands is prohibited. This subsection shall in no way affect commercial seaweed aquaculture.

             (3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.


             Sec. 2. RCW 79.01.810 and 1993 c 283 s 4 are each amended to read as follows:

             ((A violation of RCW 79.01.805 is an infraction under chapter 7.84 RCW, punishable by a penalty of one hundred dollars.))

             It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.01.805. A violation of this section is a misdemeanor punishable in accordance with RCW 9.92.030, and a violation taking place on aquatic lands is subject to the provisions of RCW 79.01.760. A person committing a violation of this section on private tidelands which he or she owns is liable to the state for treble the amount of damages to the seaweed resource, and a person trespassing on private tidelands and committing a violation of this section is liable to the private tideland owner for treble the amount of damages to the seaweed resource. Damages recoverable include, but are not limited to, damages for the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.


             Sec. 3. RCW 79.01.815 and 1993 c 283 s 5 are each amended to read as follows:

             The department of ((fisheries)) fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.01.805 and 79.01.810.


             NEW SECTION. Sec. 4. RCW 79.01.820 and 1993 c 283 s 6 are each repealed.


             NEW SECTION. Sec. 5. RCW 79.96.907 is decodified.


             NEW SECTION. Sec. 6. This act shall take effect July 1, 1994."

             Signed by Senators Snyder, Owen, Oke; Representatives King, Quall, Talcott.


MOTION


             Representative King moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 6204 and pass the bill as recommended by the Conference Committee.


             Representatives King and Talcott spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6204 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6204, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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., Lemmon, Leonard, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Kremen, Linville and Wang - 3.

             Excused: Representatives Riley and Wood - 2.


             Substitute Senate Bill No. 6204, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE


SSB 6230                                                                                                                                    Date: March 8, 1994


Includes "new item": No


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6230, changing charitable organizations and business licensing provisions, have had the same under consideration and we recommend that the House amendment (6230-S AMH JUD H4454.1) be adopted and the bill do pass as recommended by the Conference Committee:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 19.09.076 and 1993 c 471 s 4 are each amended to read as follows:

             The application requirements of RCW 19.09.075 do not apply to the following:

             (1) Any charitable organization raising less than ((five thousand dollars)) an amount as set by rule adopted by the secretary in any accounting year when all the activities of the organization, including all fund raising activities, are carried on by persons who are unpaid for their services and no part of the charitable organization's assets or income inures to the benefit of or is paid to any officer or member of the organization;

             (2) Any charitable organization located outside of the state of Washington if the organization files the following with the secretary:

             (a) The registration documents required under the charitable solicitation laws of the state in which the charitable organization is located;

             (b) The registration required under the charitable solicitation laws of the state of California and the state of New York; and

             (c) Such federal income tax forms as may be required by rule of the secretary.

             All entities soliciting charitable donations shall comply with the requirements of RCW 19.09.100.


             Sec. 2. RCW 19.09.100 and 1993 c 471 s 9 are each amended to read as follows:

             The following conditions apply to solicitations as defined by RCW 19.09.020:

             (1) A charitable organization, whether or not required to register pursuant to this chapter, that directly solicits contributions from the public in this state shall make the following clear and conspicuous disclosures at the point of solicitation:

             (a) The name of the individual making the solicitation;

             (b) The identity of the charitable organization and the city of the principal place of business of the charitable organization;

             (c) If requested by the solicitee, the ((toll-free)) published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary.

             (2) A commercial fund raiser shall clearly and conspicuously disclose at the point of solicitation:

             (a) The name of the individual making the solicitation;

             (b) The name of the entity for which the fund raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted; and

             (c) If requested by the solicitee, the ((toll-free)) published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made.

             (3) A person or organization soliciting charitable contributions by telephone shall make the disclosures required under subsection (1) or (2) of this section in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge within five working days of making the pledge. If the person or organization sends any materials to the person or organization solicited before the receipt of any contribution, those materials shall include the disclosures required in subsection (1) or (2) of this section, whichever is applicable.

             (4) In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publication, and audio or video broadcasts, it shall be clearly and conspicuously disclosed in the body of the solicitation material that:

             (a) The solicitation is conducted by a named commercial fund raiser, if it is;

             (b) The notice of solicitation required by the charitable solicitation act is on file with the secretary's office; and

             (c) The potential donor can obtain additional financial disclosure information at a ((toll-free)) published number in the office of the secretary.

             (5) A container or vending machine displaying a solicitation must also display in a clear and conspicuous manner the name of the charitable organization for which funds are solicited, the name, ((residence)) business address, and telephone number of the individual and any commercial fund raiser responsible for collecting funds placed in the containers or vending machines, and the following statement: "This charity is currently registered with the secretary's office under the charitable solicitation act, registration number . . . ."

             (6) A commercial fund raiser shall not represent that tickets to any fund raising event will be donated for use by another person unless all the following requirements are met:

             (a) The commercial fund raiser prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept;

             (b) The written commitments are kept on file by the commercial fund raiser for three years and are made available to the secretary, attorney general, or county prosecutor on demand;

             (c) The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file under (a) of this subsection; and

             (d) Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the commercial fund raiser shall give all donated tickets to the persons who made the written commitments to accept them.

             (7) Each person or organization soliciting charitable contributions shall not represent orally or in writing that:

             (a) The charitable contribution is tax deductible unless the charitable organization for which charitable contributions are being solicited or to which tickets for fund raising events or other services or goods will be donated, has applied for and received from the internal revenue service a letter of determination granting tax deductible status to the charitable organization;

             (b) The person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services;

             (c) The person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund raiser.

             (8) If the charitable organization is associated with, or has a name that is similar to, any unit of government each person or organization soliciting contributions shall disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This subsection does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.

             (9) No person may, in conducting any solicitation, use the name "police," "sheriff," "fire fighter," "firemen," or a similar name unless properly authorized by a bona fide police, sheriff, or fire fighter organization or police, sheriff, or fire department. A proper authorization shall be in writing and signed by two authorized officials of the organization or department and shall be filed with the secretary.

             (10) A person may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans' service organization as determined by the United States veterans' administration unless authorized in writing by the highest ranking official of that organization in this state.

             (11) A charitable organization shall comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations.

             (12) The advertising material and the general promotional plan for a solicitation shall not be false, misleading, or deceptive, and shall afford full and fair disclosure.

             (13) Solicitations shall not be conducted by a charitable organization or commercial fund raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a charitable organization in this state, the United States, or any other state or foreign country within the past ten years or has been subject to any permanent injunction or administrative order or judgment under RCW 19.86.080 or 19.86.090, involving a violation or violations of RCW 19.86.020, within the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations.

             (14) No charitable organization or commercial fund raiser subject to this chapter may use or exploit the fact of registration under this chapter so as to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number . . . ."

             (15) No entity may engage in any solicitation for contributions for or on behalf of any charitable organization or commercial fund raiser unless the charitable organization or commercial fund raiser is currently registered with the secretary.

             (16) No entity may engage in any solicitation for contributions unless it complies with all provisions of this chapter.

             (17)(a) No entity may place a telephone call for the purpose of charitable solicitation that will be received by the solicitee before eight o'clock a.m. or after nine o'clock p.m.

             (b) No entity may, while placing a telephone call for the purpose of charitable solicitation, engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.

             (18) Failure to comply with subsections (1) through (17) of this section is a violation of this chapter.


             Sec. 3. RCW 19.09.230 and 1993 c 471 s 13 are each amended to read as follows:

             No charitable organization, commercial fund raiser, or other entity may knowingly use the identical or deceptively similar name, symbol, or emblem of any other entity for the purpose of soliciting contributions from persons in this state without the written consent of such other entity. If the official name or the "doing business name" being registered is the same or deceptively similar as that of another entity, the secretary may request that a copy of the written consent from that entity be filed with the registration. Such consent may be deemed to have been given by anyone who is a director, trustee, or other authorized officer((, employee, agent, or commercial fund raiser of the charitable organization, and)) of that entity. A copy of the written consent must be kept on file by the charitable organization or commercial fund raiser and made available to the secretary, attorney general, or county prosecutor upon demand.

             A person may be deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure, or correspondence of the charitable organization or person or if such name is listed or represented to any one who has contributed to, sponsored, or endorsed the charitable organization or person, or its or his activities.

             The secretary may revoke or deny any application for registration that violates this section.


             NEW SECTION. Sec. 4. A new section is added to chapter 19.09 RCW to read as follows:

             The secretary may waive penalties that have been set by rule and assessed by the secretary due from a registered charitable organization previously in good standing that would otherwise be penalized. A charitable organization desiring to seek relief under this section must, within fifteen days of discovery by its corporate officials, director, or other authorized officer of the missed filing or lapse, notify the secretary in writing. The notification must include the name and mailing address of the organization, the organization's officer to whom correspondence should be sent, and a statement under oath by a responsible officer of the organization, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary shall investigate the circumstances of the missed filing or lapse. If the secretary is satisfied that sufficient exigent or mitigating circumstances exist, that the organization has demonstrated good faith and a reasonable attempt to comply with the applicable corporate statutes of this state, the secretary may issue an order allowing relief from the penalty. If the secretary determines the request does not comply with the requirements for relief, the secretary shall deny the relief and state the reasons for the denial. Notwithstanding chapter 34.05 RCW, a denial of relief by the secretary is not reviewable.


             Sec. 5. RCW 19.77.090 and 1982 c 35 s 184 are each amended to read as follows:

             The secretary of state shall be the agent for service of process in any action relating to the registration of any registrant who is at the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a resident of this state designated as the registrant's agent for service of record with the secretary of state, or who cannot be found in this state, and service of process, pleadings and papers in such action made upon the secretary of state shall be held as due and sufficient process upon the registrant. The secretary of state shall charge and collect ((a fee of twenty-five dollars)) an assessment, as set by rule by the secretary of state, at the time of any service of process upon the secretary of state under this section. The ((fee)) assessment may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. The ((fee)) assessment shall be deposited in the secretary of state's revolving fund.


             Sec. 6. RCW 23B.01.570 and 1991 c 72 s 30 are each amended to read as follows:

             In the event any corporation, foreign or domestic, fails to file a full and complete initial report under RCW 23B.02.050(4) and 23B.16.220(3) or does business in this state without having paid its annual corporate license fee and without having filed a substantially complete annual report under RCW 23B.16.220(1) when either is due, there shall become due and owing the state of Washington a penalty ((of twenty-five dollars)) as established by rule by the secretary.

             A corporation organized under this title may at any time prior to its dissolution as provided in RCW 23B.14.200, and a foreign corporation qualified to do business in this state may at any time prior to the revocation of its certificate of authority as provided in RCW 23B.15.300, pay to the state of Washington its current annual license fee, provided it also pays an amount equal to all previously unpaid annual license fees plus the penalty ((specified in this section)) established by rule by the secretary.


             Sec. 7. RCW 23B.14.200 and 1991 c 72 s 37 are each amended to read as follows:

             The secretary of state may administratively dissolve a corporation under RCW 23B.14.210 if:

             (1) The corporation does not pay any license fees or penalties, imposed by this title, when they become due;

             (2) The corporation does not deliver its completed initial report or annual report to the secretary of state when it is due;

             (3) The corporation is without a registered agent or registered office in this state;

             (4) The corporation does not notify the secretary of state that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;

             (5) The corporation's period of duration stated in its articles of incorporation expired after July 1, 1990; or

             (6) The corporation's period of duration stated in its articles of incorporation expired prior to July 1, 1990, but the corporation has timely paid all license fees imposed by this title and set by rule by the secretary, has timely filed annual reports with the secretary of state, has never been without a registered agent or registered office in this state for sixty days or more, and has never failed to notify the secretary of state of changes in a registered agent or registered office within sixty days of such change.


             Sec. 8. RCW 24.03.302 and 1993 c 356 s 5 are each amended to read as follows:

             A corporation shall be administratively dissolved by the secretary of state upon the conditions prescribed in this section when the corporation:

             (1) Has failed to file or complete its annual report within the time required by law; or

             (2) Has failed for thirty days to appoint or maintain a registered agent in this state; or

             (3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.

             A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days' notice of its delinquency or omission, by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period.

             When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of the state shall dissolve the corporation by issuing a certificate of administrative dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of administrative dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of administrative dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution.

             Any notice provided by the secretary of state under this section shall be designed to clearly identify and warn the recipient of the contents thereof. A delinquency notice shall provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and the action necessary to cure the delinquency or omission prior to dissolution.

             A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its administrative dissolution if it completes and files a current annual report for the reinstatement year or if it appoints or maintains a registered agent, or if it files with the secretary of state a required statement of change of registered agent or registered office and in addition, if it pays a reinstatement fee ((of twenty-five dollars)) as set by rule by the secretary plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties established by rule by the secretary of state. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation's name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided in RCW 24.03.300 and the directors of the corporation shall hold the title to the property of the corporation as trustees for the benefit of its creditors and members.


             Sec. 9. RCW 24.03.388 and 1993 c 356 s 9 are each amended to read as follows:

             (1) An application processing fee as provided in RCW 24.03.405 shall be charged for an application for reinstatement under RCW 24.03.386.

             (2) An application processing fee as provided in RCW 24.03.405 shall be charged for each amendment or supplement to an application for reinstatement.

             (3) The corporation seeking reinstatement shall file a current annual report and pay the full amount of all annual corporation fees which would have been assessed for the years of the period of administrative revocation, had the corporation been in active status, including the reinstatement year, plus any penalties as established by rule by the secretary.


             Sec. 10. RCW 24.06.290 and 1993 c 356 s 18 are each amended to read as follows:

             Failure of the corporation to file its annual report within the time required shall not derogate from the rights of its creditors, or prevent the corporation from being sued and from defending lawsuits, nor shall it release the corporation from any of the duties or liabilities of a corporation under law.

             A corporation shall be dissolved by the secretary of state upon the conditions prescribed in this section when the corporation:

             (1) Has failed to file or complete its annual report within the time required by law;

             (2) Has failed for thirty days to appoint or maintain a registered agent in this state; or

             (3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.

             A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days' notice of its delinquency or omission, by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period.

             When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of state shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of involuntary dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution.

             A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its dissolution if it ((shall file or)) completes and files a current annual report((, appoint and maintain)) for the current reinstatement year or it appoints or maintains a registered agent, or files a required statement of change of registered agent or registered office and in addition pays the reinstatement fee ((of twenty-five dollars plus any other fees that may be due or owing the secretary of state including the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year)) as set by rule by the secretary of state, plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties as established by rule by the secretary of state. If during the period of dissolution another person or corporation has reserved or adopted a corporate name which is identical or deceptively similar to the dissolved corporation's name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided by RCW 24.06.335 and thereafter the directors of the corporation shall hold title to the property of the corporation as trustees for the benefit of its creditors and shareholders.


             Sec. 11. RCW 24.06.465 and 1969 ex.s. c 120 s 93 are each amended to read as follows:

             Each corporation, domestic or foreign, which fails or refuses to file its annual report for any year within the time prescribed by this chapter shall be subject to a penalty ((of five dollars to be)) as established and assessed by the secretary of state.

             Each corporation, domestic or foreign, which fails or refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the secretary of state in accordance with the provisions of this chapter, shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars on each count."

and that the bill do pass as recommended by the Conference Committee.

             Signed by Senators Nelson, Quigley; Representatives Appelwick, Johanson, Long.


MOTION


             Representative Johanson moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 6230 and pass the bill as recommended by the Conference Committee.


             Representatives Johanson and Long spoke in favor of the motion. The motion was carried.


FINAL PASSAGE OF SENATE BILL

AS RECOMMENDED BY THE CONFERENCE COMMITTEE


             The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6230 as recommended by the Conference Committee.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6230 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, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Riley and Wood - 2.


             Substitute Senate Bill No. 6230, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.


REPORT OF CONFERENCE COMMITTEE


ESSB 5061                                                                                                                                  Date: March 9, 1994


Includes "new item": Yes


Mr. Speaker:

Mr. President:


             We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5061, limiting residential time in parenting plans and visitation orders for abusive parents, have had the same under consideration and we recommend that:

 

The House Judiciary Committee amendment (5061-S.E AMH JUD H4224.2) not be adopted, and the striking amendment by the Conference Committee (attached 5061-S.E AMC CONF H4562.1) be adopted:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 26.09.191 and 1989 c 375 s 11 and 1989 c 326 s 1 are each reenacted and amended to read as follows:

             (1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct: (a) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or a pattern of emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.

             (2)(a) The parent's residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. This subsection shall not apply when (c) of this subsection applies.

             (b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; or (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm. This subsection (2)(b) shall not apply when (c) of this subsection applies.

             (c) If a parent has been convicted as an adult of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated, of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or who has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.

             (d)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time. If the court expressly finds based on the evidence that limitation on the residential time with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the parent requesting residential time from all contact with the child.

             (((c))) (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.

             (iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.

             (e) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection, or if the court expressly finds the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c) and (d)(ii) of this subsection apply.

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

             (a) A parent's neglect or substantial nonperformance of parenting functions;

             (b) A long-term emotional or physical impairment which interferes with the parent's performance of parenting functions as defined in RCW 26.09.004;

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

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

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

             (f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

             (g) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

             (4) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

             (5) In determining whether any of the conduct described in this section has occurred, the court shall apply the civil rules of evidence, proof, and procedure.


             Sec. 2. RCW 26.10.160 and 1989 c 326 s 2 are each amended to read as follows:

             (1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.

             (2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. This subsection shall not apply when (c) of this subsection applies.

             (b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; or (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.

             (c) If a parent has been convicted as an adult of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated, of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or who has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.

             (d)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child.

             (((c))) (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.

             (iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is