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FIFTY-FOURTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, March 4, 1994

      The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Deccio, Niemi, Quigley, Rasmussen, Rinehart and Sellar. On motion of Senator Oke, Senators Cantu, Deccio and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages David Baldwin and Joshua Reno, presented the Colors. Senator Bob Morton offered the prayer.


MOTION


      On motion of Senator Newhouse, the reading of the Journal of the previous day was dispensed with and it was approved.


REPORT OF SELECT COMMITTEE


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-0095


February 24, 1994


Marty Brown

Secretary of the Senate

Legislative Building

Olympia, Washington 98504


Dear Secretary Brown:

      Enclosed is the Report to the Legislature required by Senate Bill No. 6319 (Chapter 230, Section 2, Laws of 1992). This legislation required the Department of Social and Health Services to develop an implementation strategy to discourage the inappropriate placement of persons with developmental disabilities, head injury, and substance abuse at the state mental hospitals and encourage their care in community settings.

Sincerely,

JEAN SOLIZ, Secretary


      The Select Committee Report is on file in the Office of the Secretary of the Senate.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Haugen, Gubernatorial Appointment No. 9392, Eugene Matt, as a member of the Personnel Board, was confirmed.


APPOINTMENT OF EUGENE MATT


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 4; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.

      Absent: Senators Niemi, Quigley, Rasmussen, M. and Rinehart - 4.

      Excused: Senators Cantu, Deccio and Sellar - 3.


MOTION


      On motion of Senator Drew, Senators Niemi, Rasmussen and Rinehart were excused.


MOTION


      On motion of Senator Vognild, Gubernatorial Appointment No. 9441, Richard G. Thompson, Jr., as a member of the Transportation Commission, was confirmed.


APPOINTMENT OF RICHARD G. THOMPSON, JR.


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.

      Absent: Senator Bauer - 1.

      Excused: Senators Cantu, Niemi, Rasmussen, M., Rinehart and Sellar - 5.



SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628, by House Committee on Local Government (originally sponsored by Representatives R. Fisher, Campbell, Edmondson, Sommers, Appelwick and Dorn)

 

Revising provisions relating to condemnation of blighted property.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2628 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2628.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2628 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 38.

      Voting nay: Senators Amondson, Cantu, Morton, Nelson, Newhouse, Roach, Schow and Williams - 8.

      Excused: Senators Niemi, Rinehart and Sellar - 3.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2702, by Representatives Brown, Orr and Padden

 

Concerning public improvement bonds' retainage level.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 2702 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2702.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2702 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Excused: Senators Niemi and Sellar - 2.

      ENGROSSED HOUSE BILL NO. 2702, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2642, by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey and Lisk) (by request of Department of Community Development)

 

Modifying fireworks enforcement protection services.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2642 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.




REQUEST TO BE EXCUSED


      Citing Rule 22, and a possible conflict of interest, Senator Talmadge requested to be excused from voting on Substitute House Bill No. 2642.

      The President declared the question before the Senate to be the roll call on the final passage of Substituted House Bill No. 2642.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2642 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 44.

      Voting nay: Senators Bluechel and McCaslin - 2.

      Excused: Senators Niemi, Sellar and Talmadge - 3.

      SUBSTITUTE HOUSE BILL NO. 2642, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 8:41 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 8:53 a.m. by President Pritchard.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Newhouse, Gubernatorial Appointment No. 9290, Norman F. Richardson, as a member of the Wildlife Commission, was confirmed.


APPOINTMENT OF NORMAN F. RICHARDSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Absent: Senator Ludwig - 1.

      Excused: Senator Niemi - 1.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2655, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Shin, H. Myers and Forner) (by request of Department of Community Development)

 

Revising provisions relating to ownership of manufactured homes.


      The bill was read the second time.


MOTION


      On motion of Senator Snyder, the rules were suspended, Substitute House Bill No. 2655 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2655.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2655 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Voting nay: Senators Amondson and Newhouse - 2.

      SUBSTITUTE HOUSE BILL NO. 2655, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2558, by Representative Zellinsky (by request of Utilities and Transportation Commission)

 

Changing provisions relating to regulation of securities issued by regulated utilities and transportation companies.


      The bill was read the second time.


MOTIONS


      On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:

      On page 9, after line 29, delete subsection (1) and renumber the remaining subsections consecutively


      On motion of Senator Sutherland, the following amendments by Senators Sutherland, Hochstatter and Ludwig were considered simultaneously and were adopted:

      On page 2, beginning on line 30, after "indebtedness", delete ", or to create liens on its property situated within this state"

       On page 2, line 32, delete "or creation"

       On page 2, beginning on line 33, delete "or creation"

       On page 2, line 37, delete "or creation"

       On page 3, after line 2, insert the following new subsection:

       "(4) Any public service company undertaking an issuance and making a filing in conformance with this section may at any time of such filing request the commission to enter a written order that such company has complied with the requirements of this section. The commission shall enter such written order after such company has provided all information and statements required by paragraphs (1), (2) and (3) of this section."

       On page 6, beginning on line 34, after "indebtedness", delete ", or to create liens on its property situated within this state"

       On page 6, line 36, delete "or creation"

       On page 6, beginning on line 37, delete "or creation"

       On page 7, line 3, delete "or creation"


MOTIONS


      On motion of Senator Sutherland, the following title amendment was adopted:

      On page 1, line 7 of the title, after "80.08.105," delete "81.08.010,"

      On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 2558, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2558, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2558, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

      SUBSTITUTE HOUSE BILL NO. 2558, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2333, by Representatives Eide, Johanson, H. Myers, Heavey, Wineberry, Karahalios, Brough and Kessler

 

Preventing custodial interference.


      The bill was read the second time.


MOTION


      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2333.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2333 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.

      HOUSE BILL NO. 2333, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2592, by Representatives R. Fisher, Schmidt, Wood and Springer (by request of Department of Transportation)

 

Harmonizing oversize vehicle permit laws.


      The bill was read the second time.


MOTION


      On motion of Senator Vognild, the rules were suspended, House Bill No. 2592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2592.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2592 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

      Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Voting nay: Senator Anderson - 1.

      Absent: Senator Hargrove - 1.

      HOUSE BILL NO. 2592, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2412, by House Committee on Transportation (originally sponsored by Representatives Zellinsky and Schmidt)

 

Revising provisions relating to registration of rental cars.


      The bill was read the second time.


MOTION


      On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 2412 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2412.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2412 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

      Absent: Senator Hargrove - 1.

      SUBSTITUTE HOUSE BILL NO. 2412, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626, by House Committee on Commerce and Labor (originally sponsored by Representatives Mastin and Grant)

 

Providing for the enforcement of plumbing certificate of competency requirements.


      The bill was read the second time.


MOTIONS


      Senator Moore moved that the following Committee on Labor and Commerce amendments be considered simultaneously and be adopted:

      On page 2, line 5, after "No" strike "person" and insert "contractor"

      On page 2, line 9, after "permit." insert "For the purposes of this section, "contractor" means any person or body of persons, corporate or otherwise, engaged in any work covered by the provisions of this chapter, chapter 18.27 RCW, or chapter 19.28 RCW, by way of trade or business."

      On page 2, line 22, after "The" strike "employer of a person employed" and insert "contractor"

      On page 2, line 24, after "The" strike "employer's supervisor" and insert "contractor's employee"


      On motion of Senator Moore, the following amendment by Senators Moore and Amondson to the Committee on Labor and Commerce amendments was adopted:

      On page 1, line 9 of the amendment, after "business." insert "However, in no case shall this section apply to a contractor who is contracting for work on his or her own residence."

      The President declared the question before the Senate to be adoption of the Committee on Labor and Commerce amendments on page 2, lines 5, 9, 22 and 24, as amended, to Engrossed Substitute House Bill No. 2626.

      The motion by Senator Moore carried and the Committee on Labor and Commerce amendments, as amended, were adopted.


MOTION


      On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 2626, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2626, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2626, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 1; Excused, 0.

      Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 31.

      Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Schow, Sellar and Smith, L. - 17.

      Absent: Senator Rinehart - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2277, by House Committee on Education (originally sponsored by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Karahalios, Holm, Kessler, Zellinsky, Brough, Mastin, Patterson, Basich and J. Kohl)

 

Changing teacher evaluation provisions.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2277 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2277.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2277 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 31.

      Voting nay: Senators Amondson, Bluechel, Cantu, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Roach, Schow, Sellar, Smith, L., Talmadge and West - 18.

      SUBSTITUTE HOUSE BILL NO. 2277, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2382, by Representatives Veloria, Lisk, Heavey, Horn, Anderson, Schmidt, King, Chandler, Conway and Springer

 

Changing gambling provisions.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, House Bill No. 2382 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


PARLIAMENTARY INQUIRY


      Senator McDonald: "Mr. President, would you rule on whether this is a sixty percent requirement or not?"


RULING BY THE PRESIDENT


      President Pritchard: "Yes, just give us a minute here. The President rules that it does expand gambling and will take a sixty percent vote."

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2382.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2382 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Fraser, Gaspard, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and West - 35.

      Voting nay: Senators Cantu, Franklin, Hargrove, Haugen, McCaslin, McDonald, Oke, Rasmussen, M., Rinehart, Roach, Smith, L., Williams, Winsley and Wojahn - 14.

      HOUSE BILL NO. 2382, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 9:59 a.m., on motion of Senator Gaspard, the Senate was declared to be at ease.


      The Senate was called to order at 11:15 a.m. by President Pritchard.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the 1994 Hubert Humphrey Scholars who were seated in the gallery.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2464, by House Committee on Local Government (originally sponsored by Representatives H. Myers, Edmondson, Jones, Brown, Springer, Wolfe, Shin, Kessler, Ogden, Leonard, Thibaudeau, Flemming, J. Kohl, Dunshee, Reams, R. Fisher, Romero, Wood, Morris, Sommers, Zellinsky, Orr, Mastin, Kremen, Appelwick, Wang, Peery, Cooke, Wineberry, Karahalios, Brough, Caver, King, Eide and L. Johnson)

 

Limiting zoning regulation of family day-care providers' home facilities.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following Committee on Government Operations amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 35.63 RCW to read as follows:

       No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

       A city may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.

       This section has no application to a city that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.

       Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

       NEW SECTION. Sec. 2. A new section is added to chapter 35A.63 RCW to read as follows:

       No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

       A city may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.

       This section has no application to a city that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.

       Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

       NEW SECTION. Sec. 3. A new section is added to chapter 36.70 RCW to read as follows:

       No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

       A county may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.

       This section has no application to a county that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.

       Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

       NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:

       No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

       A city or county may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.

       This section has no application to a city or county that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.

       Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

       Sec. 5. RCW 74.15.020 and 1991 c 128 s 14 are each amended to read as follows:

       For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

       (1) "Department" means the state department of social and health services;

       (2) "Secretary" means the secretary of social and health services;

       (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

       (a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

       (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

       (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

       (d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

       (e) "Family day-care provider" means a licensed day-care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters;

       (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

       (((f))) (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

       (4) "Agency" shall not include the following:

       (a) Persons related by blood or marriage to the child, expectant mother, or persons with developmental disabilities in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;

       (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

       (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;

       (d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors;

       (e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

       (f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

       (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

       (h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

       (i) Licensed physicians or lawyers;

       (j) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

       (k) Facilities approved and certified under chapter 71A.22 RCW;

       (l) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

       (m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

       (n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

       (o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

       (5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency."

      Debate ensued.



      The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment to Substitute House Bill No. 2464.

      The motion by Senator Haugen failed and the Committee on Government Operations striking amendment was not adopted on a rising vote.


MOTION


      On motion of Senator Spanel, further consideration of Substitute House Bill No. 2464 was deferred.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2555, by Representative Heavey (by request of Department of Health)

 

Modifying licensing and inspection of transient accommodations.


      The bill was read the second time.


MOTIONS


      On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

      On page 3, line 11, after "board." insert the following:

      "NEW SECTION. Sec. 5. The 1994 amendments to RCW 70.62.250, section 4, chapter ..., Laws of 1994 (this act), expire on June 30, 1997, unless specifically extended by the legislature by an act of law. The department of health shall report to the legislature by December 1, 1996, on the impact of these amendments on transient accommodation licensees in the state of Washington."


      On motion of Senator Talmadge, the rules were suspended, Engrossed House Bill No. 2555, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2555, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2555, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

      Absent: Senator Quigley - 1.

      ENGROSSED HOUSE BILL NO. 2555, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2480, by Representatives G. Fisher and Foreman (by request of Department of Revenue)

 

Relating to the taxation of manufacturers of fish products.


      The bill was read the second time.


MOTIONS


      On motion of Senator Rinehart, the following amendment by Senators Rinehart, Hargrove, Owen and Oke was adopted:

      On page 1, after line 8, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follow:

      Local governments shall not charge taxes or permit fees for fish enhancement projects that are proposed by state agencies, cooperative groups, and regional fisheries enhancement groups."

      Renumber the remainder sections consecutively and correct any internal references accordingly


      On motion of Senator Rinehart, the following title amendment was adopted:

      On page 1, line 2 of the title, after "RCW;" insert "adding a new section to chapter 75.20 RCW;"


MOTION


      On motion of Senator Rinehart, the rules were suspended, House Bill No. 2480, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2480, as amended by the Senate.



ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2480, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Absent: Senators McDonald and Quigley - 2.

      HOUSE BILL NO. 2480, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2479, by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Karahalios and Springer) (by request of Department of Revenue)

 

Making technical corrections of excise and property tax statutes.


      The bill was read the second time.


MOTION


      Senator Prince moved that the following amendment be adopted:

      On page 6, after line 4, insert the following:

       "Sec. 5. RCW 82.04.470 and 1993 1st sp.s. c 25 s 701 are each amended to read as follows:

       (1) Unless a seller has taken from the buyer a resale certificate, the burden of proving that a sale of tangible personal property, or of services, was not a sale at retail shall be upon the person who made it.

       (2) If a seller does not receive a resale certificate at the time of the sale, have a resale certificate on file at the time of the sale, or obtain a resale certificate from the buyer within a reasonable time after the sale, the seller shall remain liable for the tax as provided in RCW 82.08.050, unless the seller can demonstrate facts and circumstances according to rules adopted by the department of revenue that show the sale was properly made without payment of sales tax.

       (3) Resale certificates shall be valid for a period of four years from the date the certificate is provided to the seller.

       (4) The department may provide by rule for suggested forms for resale certificates or equivalent documents containing the information that will be accepted as resale certificates. The department shall provide by rule the categories of items or services that must be specified on resale certificates and the business classifications that may use a blanket resale certificate.

       (5) The department shall develop a form to meet the unique buying conditions of the landlord-tenant relationship within the agricultural industry. In no instance may a landlord farmer be held liable for any tax liability under this section that may be due on the purchase and use of products handled exclusively by a tenant farmer, nor may the landlord farmer be required to sign a form that includes such language. For purposes of this section, any tax liability shall be borne by the tenant farmer making the purchases on behalf of the landlord farmer.

       (((5))6) As used in this section, "resale certificate" means documentation provided by a buyer to a seller stating that the purchase is for resale in the regular course of business, or that the buyer is exempt from retail sales tax, and containing the following information:

       (a) The name and address of the buyer;

       (b) The uniform business identifier or revenue registration number of the buyer, if the buyer is required to [be] registered;

       (c) The type of business engaged in;

       (d) The categories of items or services to be purchased for resale or that are exempt, unless the buyer is in a business classification that may present a blanket resale certificate as provided by the department by rule;

       (e) The date on which the certificate was provided;

       (f) A statement that the items or services purchased either: (i) Are purchased for resale in the regular course of business; or (ii) are exempt from tax pursuant to statute;

       (g) A statement that the buyer acknowledges that the buyer is solely responsible for purchasing within the categories specified on the certificate and that misuse of the resale or exemption privilege claimed on the certificate subjects the buyer to a penalty of fifty percent of the tax due, in addition to the tax, interest, and any other penalties imposed by law;

       (h) The name of the individual authorized to sign the certificate, printed in a legible fashion;

       (i) The signature of the authorized individual; and

       (j) The name of the seller."

       Renumber the remaining sections consecutively


POINT OF ORDER


      Senator Spanel: "I rise to the question of scope and object on this amendment. The underlying bill deals with technical issues and the amendment is a major policy issue."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Substitute House Bill No. 2479.


MOTION


      On motion of Senator Oke, Senator Cantu was excused.


SECOND READING


      HOUSE BILL NO. 2481, by Representatives Holm, G. Fisher, Foreman and Kremen (by request of Department of Revenue)

 

Modifying use tax on tangible personal property used in this state by a person engaged in business outside this state.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, House Bill No. 2481 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2481.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2481 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.

      Absent: Senators McAuliffe, Pelz and Quigley - 3.

      Excused: Senator Cantu - 1.

      HOUSE BILL NO. 2481, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTIONS


      On motion of Senator Oke, Senator Prince was excused.

      On motion of Senator Drew, Senators McAuliffe and Quigley were excused.


SECOND READING


      HOUSE BILL NO. 2482, by Representatives Holm, Foreman, Brough, B. Thomas, Forner, Long, Springer, Kessler, Cooke and Wood (by request of Department of Revenue)

 

Extending the qualifying date for tax deferral of certain investment projects.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, House Bill No. 2482 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2482.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2482 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.

      Excused: Senators Cantu, McAuliffe, Prince and Quigley - 4.

      HOUSE BILL NO. 2482, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Loveland, Senators Gaspard and Vognild were excused.


STATEMENT FOR THE JOURNAL


      I missed votes on Engrossed House Bill No. 2643, as amended by the Senate; Second Substitute House Bill No. 2616, as amended by the Senate; Substitute House Bill No. 2428; Second Substitute House Bill No. 2228, as amended by the Senate; House Bill No. 2478, as amended by the Senate; and Substitute House Bill No. 2351, as amended by the Senate; on the floor of the Senate because I was called away for a meeting with the Governor.

MARCUS S. GASPARD, 25th District


SECOND READING


      ENGROSSED HOUSE BILL NO. 2643, by Representatives Sommers and Silver (by request of Department of Retirement Systems)

 

Cross-referencing pension statutes.


      The bill was read the second time.


MOTIONS


      On motion of Senator Bauer, the following amendments by Senators Bauer and Rinehart were considered simultaneously and were adopted:

      On page 1, line 19, after "retirees." insert "Sections 6 and 7 of this act create the pension improvement account in the state treasury and direct the transfer of moneys deposited in the budget stabilization account by the 1993-95 operating appropriations act, section 919, chapter 24, Laws of 1993 sp. sess., for the continuing costs of state retirement system benefits to the pension improvement account."

       On page 18, after line 12, insert the following:

       "NEW SECTION. Sec. 6. A new section is added to chapter 41.04 RCW to read as follows:

       The pension improvement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the continuing costs of any state retirement system benefits.

       NEW SECTION. Sec. 7. On July 1, 1995, the state treasurer shall transfer twenty-five million dollars from the budget stabilization account to the pension improvement account created under section 6 of this act."


      On motion of Senator Rinehart, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 3 of the title, after "41.26 RCW;" insert "adding a new section to chapter 41.04 RCW;"

      On page 1, line 3 of the title, after "creating" strike "a new section" and insert "new sections"


MOTION


      On motion of Senator Rinehart, the rules were suspended, Engrossed House Bill No. 2643, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2643, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2643, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 43.

      Absent: Senator Winsley - 1.

      Excused: Senators Gaspard, McAuliffe, Prince, Quigley and Vognild - 5.

      ENGROSSED HOUSE BILL NO. 2643, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2320, by Representatives Holm, Horn, Rust and Cothern (by request of Department of Ecology)

 

Reviewing sewerage or disposal systems.


      The bill was read the second time.


MOTION


      Senator Owen moved that the following amendment by Senators Owen, Oke and Sheldon be adopted:

      On page 2, after line 8, insert the following:

       "Sec. 2. RCW 70.05.060 and 1991 c 3 s 308 are each amended to read as follows:

       (1) Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:

       (((1))) (a) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health;

       (((2))) (b) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction;

       (((3))) (c) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;

       (((4))) (d) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;

       (((5))) (e) Provide for the prevention, control and abatement of nuisances detrimental to the public health;

       (((6))) (f) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; ((and

       (7))) (g) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services; and

       (h) Adopt rules regulating the design, construction, installation, and maintenance of "systems of sewerage" as defined in RCW 36.94.010. Such rules shall be submitted to the appropriate state agencies for approval pursuant to RCW 36.94.100 and shall conform to standards established by the department of health except that:

       (i) The local rules may vary from the state standards when the local board has determined that the variance will not pose any hazard to the public health; and

       (ii) The department of health may require the local board to adopt a repair and maintenance standard to ensure on-site sanitary systems meet the requirements for a safe, functioning system.

       (2) The department of health, upon giving its approval to the local board of health on-site sanitary system rules, shall grant the county authority to, by adoption of its rules, system of sewerage plan or amendments, approve and issue a permit for the installation of an on-site sanitary system that varies from the state standards for on-site sanitary systems without obtaining a waiver from the department of health."


POINT OF ORDER


      Senator Fraser: "A point of order, Mr. President. I believe this amendment exceeds the scope and object of the bill. This bill relates to existing authority of the Department of Ecology only. It does not add or subtract from regulations, regulatory responsibilities or change any standards whatsoever. It merely allows the department to delegate some of its existing authority to local governments if they qualify and they want to do it--dealing with review of engineering reports for construction expansion of sewer systems.

      "In contrast, what this amendment does is, it adds a new department, the Department of Health. It makes major substantive changes to the role of the State Health Department regarding all septic tanks in the state of Washington and the relationship of state and local government regarding septic tank standards and regulations. The amendment has the effect of eliminating minimum state standards for design, construction and installation of septic tanks. It would allow each county, in effect, to have its own standards, so I feel this does exceed the scope and object of the bill."

      Further debate ensued.

      There being no objection, the President deferred further consideration of House Bill No. 2320.


MOTIONS


      On motion of Senator Loveland, Senator Moore was excused.

      On motion of Senator West, Senator McCaslin was excused.

      On motion of Senator Oke, Senator Roach was excused.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2616, by House Committee on Capital Budget (originally sponsored by Representatives Linville, Horn, Rust, Foreman, Kremen, B. Thomas, Roland, Van Luven, Basich, Karahalios, Holm, Hansen, L. Johnson, Peery, J. Kohl, Bray, Flemming, Pruitt, Edmondson, Forner, Valle, Shin, R. Meyers, Ogden, Dunshee, Wolfe, Sheldon, Jones, Brough, Sheahan, Romero, Chappell, Dyer, Springer, King, Cothern and Long)

 

Directing the department of health to test ground water in order to seek waivers under the safe drinking water act.


      The bill was read the second time.


MOTIONS


      On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

      On page 6, after line 26, insert the following:

       "Sec. 6. RCW 70.105D.020 and 1989 c 2 s 2 are each amended to read as follows:

       (1) "Department" means the department of ecology.

       (2) "Director" means the director of ecology or the director's designee.

       (3) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.

       (4) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499.

       (5) "Hazardous substance" means:

       (a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW;

       (b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;

       (c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14);

       (d) Petroleum or petroleum products; and

       (e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.

       The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.

       (6) "Owner or operator" means:

       (a) Any person with any ownership interest in the facility or who exercises any control over the facility; or

       (b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment;

       The term does not include:

       (i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; or

       (ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility.

       (7) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.

       (8) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW 70.105D.040. The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise.

       (9) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.

       (10) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.

       (11) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health. These terms also include the provision of drinking water, including the construction of necessary delivery systems, when undertaken to minimize any threat or potential threat to human health posed by a facility at which a release of a hazardous substance has occurred.

       NEW SECTION. Sec. 7. A new section is added to chapter 70.105D RCW to read as follows:

       For the purpose of conducting a remedial action or requiring potentially liable persons to take remedial action under this chapter, and for the purpose of making grants for remedial actions from the local toxics control account, the department shall give a high priority to facilities where the release of hazardous substances has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply, or a substantial threat exists that such a closure or contamination may occur."

       Renumber the remaining sections consecutively and correct internal references accordingly.


      On motion of Senator Fraser, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 2 of the title, strike "and 70.105D.070" and insert ", 70.105D.070, and 70.105D.020"

      On page 1, line 2 of the title, after "70.119A RCW;" insert "adding a new section to chapter 70.105D RCW;"


MOTION


      On motion of Senator Fraser, the rules were suspended, Second Substitute House Bill No. 2616, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2616, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2616, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.

      Excused: Senators Gaspard, McAuliffe, McCaslin, Moore, Prince, Roach and Vognild - 7.

      SECOND SUBSTITUTE HOUSE BILL NO. 2616, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2428, by House Committee on Education (originally sponsored by Representatives Karahalios, Foreman, Chappell, Chandler and J. Kohl)

 

Allowing spouses of officers of school districts to be under contract as a certificated or classified employee.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2428.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2428 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.

      Absent: Senators Deccio and Newhouse - 2.

      Excused: Senators Gaspard, McCaslin, Moore, Prince and Vognild - 5.

      SUBSTITUTE HOUSE BILL NO. 2428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2228, by House Committee on Revenue (originally sponsored by Representatives Heavey, Lisk, Springer, Schmidt, Van Luven and Roland)

 

Clarifying the state's public policy on gambling.


      The bill was read the second time.


MOTION


      Senator Prentice moved that the following Committee on Labor and Commerce amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature intends with this act to clarify the state's public policy on gambling regarding the frequency of state lottery drawings, the means of addressing problem and compulsive gambling, and the enforcement of the state's gambling laws. This act is intended to clarify the specific types of games prohibited in chapter 9.46 RCW and is not intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video pull-tabs, video poker, and other electronic games of chance have been considered to be gambling devices before the effective date of this act.

       Sec. 2. RCW 9.46.010 and 1975 1st ex.s. c 259 s 1 are each amended to read as follows:

       The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.

       It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.

       The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.

       The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punch boards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.

       The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.

       All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

       Sec. 3. RCW 67.70.010 and 1987 c 511 s 1 are each amended to read as follows:

       For the purposes of this chapter:

       (1) "Commission" means the state lottery commission established by this chapter;

       (2) (("Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;

       (3))) "Director" means the director of the state lottery established by this chapter;

       (3) "Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;

       (4) "On-line game" means a lottery game in which a player pays a fee to a lottery retailer and selects a combination of digits, numbers, or symbols, type and amount of play, and receives a computer-generated ticket with those selections, and the lottery separately draws or selects the winning combination or combinations.

       Sec. 4. RCW 67.70.040 and 1991 c 359 s 1 are each amended to read as follows:

       The commission shall have the power, and it shall be its duty:

       (1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:

       (a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;

       (b) The price, or prices, of tickets or shares in the lottery;

       (c) The numbers and sizes of the prizes on the winning tickets or shares;

       (d) The manner of selecting the winning tickets or shares;

       (e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;

       (f) The frequency of the drawings or selections of winning tickets or shares((, without limitation)). Approval of the legislature is required before conducting any on-line game in which the drawing or selection of winning tickets occurs more frequently than once every twenty-four hours;

       (g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;

       (h) The method to be used in selling tickets or shares;

       (i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;

       (j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public;

       (k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) The payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, ((less amounts of unclaimed prizes deposited in the general fund under RCW 67.70.190 during the fiscal year ending June 30, 1989,)) (ii) transfers to the lottery administrative account created by RCW 67.70.260, and (iii) transfer to the state's general fund. Transfers to the state general fund shall be made in compliance with RCW 43.01.050;

       (l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.

       (2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.

       (3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.

       (4) To advise and make recommendations to the director for the operation and administration of the lottery.

       Sec. 5. RCW 67.70.190 and 1988 c 289 s 802 are each amended to read as follows:

       (((1))) Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, the prize shall be retained in the state lottery fund for further use as prizes((, except as provided in subsection (2) of this section)), and all rights to the prize shall be extinguished.

       (((2) During the fiscal year ending June 30, 1989, moneys from unclaimed prizes shall be used as follows:

       (a) Fifty percent of the moneys, not exceeding one million dollars, shall be deposited quarterly in the general fund.

       (b) The remainder of the moneys shall be retained in the state lottery account for further use as prizes.))

       NEW SECTION. Sec. 6. The legislature recognizes that some individuals in this state are problem or compulsive gamblers. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of services for problem and compulsive gamblers. Therefore, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop informational signs concerning problem and compulsive gambling which include a toll-free hot line number for problem and compulsive gamblers. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers.

       NEW SECTION. Sec. 7. A new section is added to chapter 9.46 RCW to read as follows:

       (1) The following are subject to seizure and forfeiture and no property right exists in them:

       (a) All gambling devices as defined in this chapter;

       (b) All furnishings, fixtures, equipment, and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, or safekeeping, used in connection with professional gambling or maintaining a gambling premises;

       (c) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, in any manner to facilitate the sale, delivery, receipt, or operation of any gambling device, or the promotion or operation of a professional gambling activity, except that:

       (i) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;

       (ii) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;

       (iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and

       (iv) If the owner of a conveyance has been arrested under this chapter the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;

       (d) All books, records, and research products and materials, including formulas, microfilm, tapes, and electronic data that are used, or intended for use, in violation of this chapter;

       (e) All moneys, negotiable instruments, securities, or other tangible or intangible property of value at stake or displayed in or in connection with professional gambling activity or furnished or intended to be furnished by any person to facilitate the promotion or operation of a professional gambling activity;

       (f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to professional gambling activity and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter. A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission. Personal property may not be forfeited under this subsection (1)(f), to the extent of the interest of an owner, by reason of any act or omission that that owner establishes was committed or omitted without the owner's knowledge or consent; and

       (g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements that:

       (i) Have been used with the knowledge of the owner for the manufacturing, processing, delivery, importing, or exporting of any illegal gambling equipment, or operation of a professional gambling activity that would constitute a felony violation of this chapter; or

       (ii) Have been acquired in whole or in part with proceeds traceable to a professional gambling activity, if the activity is not less than a class C felony.

       Real property forfeited under this chapter that is encumbered by a bona fide security interest remains subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.

       (2)(a) A law enforcement officer of this state may seize real or personal property subject to forfeiture under this chapter upon process issued by any superior court having jurisdiction over the property. Seizure of real property includes the filing of a lis pendens by the seizing agency. Real property seized under this section may not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, but real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a bona fide security interest.

       (b) Seizure of personal property without process may be made if:

       (i) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

       (ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;

       (iii) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

       (iv) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.

       (3) In the event of seizure under subsection (2) of this section, proceedings for forfeiture are deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property must be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

       (4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) (c), (e), (f), or (g) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized is deemed forfeited. The community property interest in real property of a person whose spouse committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.

       (5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) (b), (c), (d), (e), (f), or (g) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The hearing must be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except if the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing must be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed must be the district court if the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom must be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence is upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture is upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a final determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1) (b), (c), (d), (e), (f), or (g) of this section.

       (6) If property is forfeited under this chapter the seizing law enforcement agency may:

       (a) Retain it for official use or upon application by any law enforcement agency of this state release the property to the agency for training or use in enforcing this chapter;

       (b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or

       (c) Destroy any articles that may not be lawfully possessed within the state of Washington, or that have a fair market value of less than one hundred dollars.

       (7)(a) If property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property. The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure, and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.

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

       (c) Each seizing agency shall file a report including a copy of the records of forfeited property with the state treasurer the calendar quarter after the end of the fiscal year.

       (d) The annual report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.

       (8) The seizing law enforcement agency shall retain forfeited property and net proceeds exclusively for the expansion and improvement of gambling-related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.

       (9) Gambling devices that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and must be seized and summarily forfeited to the state. Gambling equipment that is seized or comes into the possession of a law enforcement agency, the owners of which are unknown, are contraband and must be summarily forfeited to the state.

       (10) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. The superior court shall enter orders for the forfeiture of real property, subject to court rules. The seizing agency shall file such an order in the county auditor's records in the county in which the real property is located.

       (11)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (6)(b) of this section, only if:

       (i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and

       (ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer before asserting a claim under this section.

       (A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search; and

       (B) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency shall notify the landlord of the status of the claim by the end of the thirty-day period. This section does not require the claim to be paid by the end of the sixty-day or thirty-day period.

       (b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:

       (i) Knew or consented to actions of the tenant in violation of this chapter; or

       (ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency within seven days of receipt of notification of the illegal activity.

       (12) The landlord's claim for damages under subsection (11) of this section may not include a claim for loss of business and is limited to:

       (a) Damage to tangible property and clean-up costs;

       (b) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;

       (c) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (6)(b) of this section; and

       (d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (7)(a) of this section.

       (13) Subsections (11) and (12) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (11) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.

       Sec. 8. RCW 9.46.0241 and 1987 c 4 s 11 are each amended to read as follows:

       "Gambling device," as used in this chapter, means: (1) Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance; (2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device: PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.

       NEW SECTION. Sec. 9. A new section is added to chapter 9.46 RCW to read as follows:

       Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both. However, this section does not apply to persons licensed by the commission, or who are otherwise authorized by this chapter, or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are being used, solely in that activity for which the license was issued, or for which the person has been otherwise authorized if:

       (1) The person is acting in conformance with this chapter and the rules adopted under this chapter; and

       (2) The devices are a type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts by the persons in furtherance of the activity for which the license was issued, or for which the person is authorized, when the activity is conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling device is presumed to be knowing possession thereof.

       NEW SECTION. Sec. 10. A new section is added to chapter 9.46 RCW to read as follows:

       Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or buys, sells, offers, or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a gross misdemeanor. However, this section does not apply to records relating to and kept for activities authorized by this chapter when the records are of the type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts in furtherance of the activities when conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling record is presumed to be knowing possession thereof.

       Sec. 11. RCW 9.46.220 and 1991 c 261 s 10 are each amended to read as follows:

       (1) A person is guilty of professional gambling in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:

       (a) While engaging in professional gambling acts in concert with or conspires with five or more people;

       (b) Accepts wagers exceeding five thousand dollars during any ((calendar month)) thirty-day period on future contingent events; or

       (c) Operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities that are not authorized by this chapter or licensed by the commission.

       (2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.

       (3) Professional gambling in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.

       Sec. 12. RCW 9.46.221 and 1991 c 261 s 11 are each amended to read as follows:

       (1) A person is guilty of professional gambling in the second degree if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:

       (a) While engaging in professional gambling acts in concert with or conspires with less than five people;

       (b) Accepts wagers exceeding two thousand dollars during any ((calendar month)) thirty-day period on future contingent events;

       (c) Maintains a "gambling premises" as defined in this chapter; or

       (d) Maintains gambling records as defined in RCW ((9.46.020)) 9.46.0253.

       (2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.

       (3) Professional gambling in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.

       Sec. 13. RCW 9.46.222 and 1991 c 261 s 12 are each amended to read as follows:

       (1) A person is guilty of professional gambling in the third degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter((;)), and:

       (a) His or her conduct does not constitute first or second degree professional gambling;

       (b) He or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or

       (c) He or she is directly employed in but not managing or directing any gambling operation.

       (2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter.

       (3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.

       Sec. 14. RCW 9.46.080 and 1981 c 139 s 6 are each amended to read as follows:

       The commission shall employ a full time director, who shall be the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations adopted by the commission governing the activities authorized hereunder and shall supervise commission employees in carrying out the purposes and provisions of this chapter. In addition, the director shall employ a deputy director, ((two)) not more than three assistant directors, together with such investigators and enforcement officers and such staff as the commission determines is necessary to carry out the purposes and provisions of this chapter. The director, the deputy director, ((both)) the assistant directors, and personnel occupying positions requiring the performing of undercover investigative work shall be exempt from the provisions of chapter 41.06 RCW, as now law or hereafter amended. Neither the director nor any commission employee working therefor shall be an officer or manager of any bona fide charitable or bona fide nonprofit organization, or of any organization which conducts gambling activity in this state.

       The director, subject to the approval of the commission, is authorized to enter into agreements on behalf of the commission for mutual assistance and services, based upon actual costs, with any state or federal agency or with any city, town, or county, and such state or local agency is authorized to enter into such an agreement with the commission. If a needed service is not available from another agency of state government within a reasonable time, the director may obtain that service from private industry.

       Sec. 15. RCW 9.46.235 and 1987 c 191 s 1 are each amended to read as follows:

       (1) For purposes of a prosecution under ((RCW 9.46.230(4))) section 9 of this act or a seizure, confiscation, or destruction order under ((RCW 9.46.230(1))) section 7 of this act, it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner. No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section. If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.

       (2) ((RCW 9.46.230(2))) Section 7 of this act shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.

       (3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it is at least twenty-five years old.

       (4) Sections 7 and 9 of this act do not apply to gambling devices on board a passenger cruise ship which has been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state.

       Sec. 16. RCW 9.46.260 and 1973 1st ex.s. c 218 s 26 are each amended to read as follows:

       Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in ((RCW 9.46.230)) section 9 of this act is prima facie evidence of possession thereof with knowledge of its character or contents.

       Sec. 17. RCW 9A.82.010 and 1992 c 210 s 6 and 1992 c 145 s 13 are each reenacted and amended to read as follows:

       Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

       (1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

       (2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

       (3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

       (4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

       (5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

       (6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

       (7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

       (8) "Dealer in property" means a person who buys and sells property as a business.

       (9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

       (10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

       (11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

       (12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

       (13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

       (14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:

       (a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

       (b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

       (c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;

       (d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

       (e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

       (f) Child selling or child buying, as defined in RCW 9A.64.030;

       (g) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

       (h) Gambling, as defined in RCW 9.46.220 and ((9.46.230)) sections 9 and 10 of this act;

       (i) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

       (j) Extortionate extension of credit, as defined in RCW 9A.82.020;

       (k) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

       (l) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

       (m) Collection of an unlawful debt, as defined in RCW 9A.82.045;

       (n) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

       (o) Trafficking in stolen property, as defined in RCW 9A.82.050;

       (p) Leading organized crime, as defined in RCW 9A.82.060;

       (q) Money laundering, as defined in RCW 9A.83.020;

       (r) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

       (s) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

       (t) Promoting pornography, as defined in RCW 9.68.140;

       (u) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

       (v) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

       (w) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

       (x) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

       (y) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

       (z) A pattern of equity skimming, as defined in RCW 61.34.020; or

       (aa) Commercial telephone solicitation in violation of RCW 19.158.040(1).

       (15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

       (16) "Records" means any book, paper, writing, record, computer program, or other material.

       (17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

       (18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

       (a) In violation of any one of the following:

       (i) Chapter 67.16 RCW relating to horse racing;

       (ii) Chapter 9.46 RCW relating to gambling;

       (b) In a gambling activity in violation of federal law; or

       (c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

       (19)(a) "Beneficial interest" means:

       (i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

       (ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

       (iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

       (b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

       (c) A beneficial interest shall be considered to be located where the real property owned by the trustee is located.

       (20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

       (21)(a) "Trustee" means:

       (i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

       (ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

       (iii) A successor trustee to a person who is a trustee under subsection (21)(a) (i) or (ii) of this section.

       (b) "Trustee" does not mean a person appointed or acting as:

       (i) A personal representative under Title 11 RCW;

       (ii) A trustee of any testamentary trust;

       (iii) A trustee of any indenture of trust under which a bond is issued; or

       (iv) A trustee under a deed of trust.

       Sec. 18. RCW 10.105.900 and 1993 c 288 s 1 are each amended to read as follows:

       This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505, 9.41.098, ((9.46.230)) section 7 of this act, 9A.82.100, 9A.83.030, 7.48.090, or 77.12.101.

       NEW SECTION. Sec. 19. RCW 9.46.230 and 1987 c 202 s 139, 1987 c 4 s 43, 1981 c 139 s 12, 1977 ex.s. c 326 s 16, 1974 ex.s. c 155 s 5, 1974 ex.s. c 135 s 5, & 1973 1st ex.s. c 218 s 23 are each repealed.

       NEW SECTION. Sec. 20. 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."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Labor and Commerce striking amendment to Second Substitute House Bill No. 2228.

      The motion by Senator Prentice carried and the Committee on Labor and Commerce striking amendment was adopted.



MOTIONS


      On motion of Senator Prentice, the following title amendment was adopted:

      On page 1, line 4 of the title, after "laws;" strike the remainder of the title and insert "amending RCW 9.46.010, 67.70.010, 67.70.040, 67.70.190, 9.46.0241, 9.46.220, 9.46.221, 9.46.222, 9.46.080, 9.46.235, 9.46.260, and 10.105.900; reenacting and amending RCW 9A.82.010; adding new sections to chapter 9.46 RCW; creating new sections; repealing RCW 9.46.230; prescribing penalties; and declaring an emergency."


      On motion of Senator Prentice, the rules were suspended, Second Substitute House Bill No. 2228, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Drew, Senators Franklin, Skratek and Williams were excused.

      On motion of Senator Oke, Senators Cantu and Deccio were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2228, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2228, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 39.

      Excused: Senators Cantu, Deccio, Franklin, Gaspard, McCaslin, Moore, Prince, Skratek, Vognild and Williams - 10.

      SECOND SUBSTITUTE HOUSE BILL NO. 2228, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2478, by Representatives Foreman and G. Fisher (by request of Department of Revenue)

 

Requiring reporting to the department of revenue by purchasers of timber and logs.


      The bill was read the second time.


MOTIONS


      Senator Owen moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 84.33 RCW to read as follows:

       (1) A purchaser of privately owned timber in an amount in excess of two hundred thousand board feet in a voluntary sale made in the ordinary course of business shall, on or before the last day of the month following the purchase of the timber, report the particulars of the purchase to the department.

       (2) The report required in subsection (1) of this section shall contain all information relevant to the value of the timber purchased including, but not limited to, the following, as applicable: Purchaser's name and address, sale date, termination date in sale agreement, total sale price, total acreage involved in the sale, net volume of timber purchased, legal description of the area involved in the sale, road construction or improvements required or completed, timber cruise data, and timber thinning data. A report may be submitted in any reasonable form or, at the purchaser's option, by submitting relevant excerpts of the timber sales contract. A purchaser may comply by submitting the information in the following form:


Purchaser's name:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Purchaser's address:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Sale date:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Termination date:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Total sale price:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Total acreage involved:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Net volume of timber purchased:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Legal description of sale area:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Property improvements:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Timber cruise data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Timber thinning data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 


       (3) A purchaser of privately owned timber involved in a purchase described in subsection (1) of this section who fails to report a purchase as required shall be liable for a penalty of two hundred fifty dollars for each failure to report, as determined by the department.

       (4) This section shall expire March 1, 1997."


      Senator Owen moved that the following amendment by Senators Owen and Anderson to the Committee on Ways and Means striking amendment be adopted:

      On page 2, line 3 of the committee amendment, after "required" strike "shall" and insert "may"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Owen and Anderson on page 2, line 3, to the Committee on Ways and Means striking amendment to House Bill No. 2478.

      The motion by Senator Owen carried and the amendment to the Committee on Ways and Means striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to House Bill No. 2478.

      The motion by Senator Owen carried and the Committee on Ways and Means striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Owen, the following title amendment was adopted:

      On page 1, line 2 of the title, after "logs;" strike the remainder of the title and insert "adding a new section to chapter 84.33 RCW; and prescribing penalties."

 

      On motion of Senator Owen, the rules were suspended, House Bill No. 2478, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Oke, Senators Amondson, Bluechel, Sellar and Winsley were excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2478, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2478, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 2; Absent, 0; Excused, 12.

      Voting yea: Senators Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge and Wojahn - 35.

      Voting nay: Senators Niemi and West - 2.

      Excused: Senators Amondson, Bluechel, Cantu, Gaspard, McCaslin, Moore, Prince, Sellar, Skratek, Vognild, Williams and Winsley - 12.

      HOUSE BILL NO. 2478, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2351, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Shin, Patterson, Campbell, Finkbeiner, Forner, Appelwick, J. Kohl and Johanson)

 

Modifying provisions relating to recovery of stray logs.


      The bill was read the second time.


MOTION


      Senator Owen moved that the following Committee on Natural Resources amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

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

       (1) Reduced levels of log raft storage and transportation on the waters of this state have resulted in a reduction of commercial log recovery activity and have eliminated the need for a separate licensing program for recovery of stray logs; and

       (2) While stray logs are a much less common problem today than when log raft transportation was more common, stray logs that are adrift on waters of this state may still pose a threat to navigation, life, and property; and

       (3) Recovery of submerged or stranded stray logs can result in damage to the environment.

       Therefore, the legislature finds that an alternative method for encouraging the recovery of adrift stray logs must be established.

       NEW SECTION. Sec. 2. A new section is added to chapter 76.40 RCW to read as follows:

       For the purposes of this chapter, the following terms shall have the following meanings:

       (1) "Adrift" means floating without control; neither aground, beached, stranded, fully submerged, anchored in place, or secured in any way;

       (2) "Department" means the Washington state department of natural resources;

       (3) "Having a merchantable value" means capable of commanding value alone or in combination with other recovered logs;

       (4) "Person" means an individual, partnership, private corporation, or association of individuals of whatever nature, including public agencies;

       (5) "Stray logs" means logs, piling, poles, and boom sticks having a merchantable value that have escaped from their owner or the owner's agent during storage or while being transported. The term includes stray logs that are adrift, those that have been adrift and are stranded on beaches, marshes, tidelands, shorelands, or state-owned aquatic lands, and those that are partially or wholly submerged in the waters of the state; and

       (6) "Waters of the state" means bodies of fresh or salt water including all rivers and lakes and their tributaries, harbors, bays, bayous, and marshes within the state capable of being used for the transportation or storage of forest products.

       NEW SECTION. Sec. 3. A new section is added to chapter 76.40 RCW to read as follows:

       Any person may recover and secure adrift stray logs on waters of this state. Landowners may recover and secure stray logs that have become submerged or stranded on their property as the result of being adrift on waters of this state. A person who chooses to recover and secure stray logs must do so in a manner that does not damage beaches, marshes, tidelands, shorelands, aquatic lands, or other property and that does not diminish the merchantable value of the timber. Within thirty days of recovering stray logs, the person who recovered the logs must notify the owner of the logs that the logs have been recovered. Ownership of logs shall be determined under chapter 76.36 RCW.

       NEW SECTION. Sec. 4. A new section is added to chapter 76.40 RCW to read as follows:

       Within thirty days of receipt of notification that an owner's stray log or logs have been recovered, a log owner, the owner's agent, or the transportation agency of the log may retrieve the stray log or logs from the person who recovered them. The person that recovered the stray log or logs shall be entitled to a reasonable compensation, for the recovery effort and return of stray log or logs to the owner, the owner's agent, or the transportation agency provided compensation shall not exceed two hundred dollars or thirty percent of the value of the log or logs, whichever is less. A person shall not take into possession any stray logs including unbranded logs during the time that the owner, the owner's agent, or the transportation agency is attempting immediate recovery of the stray logs. If the owner, the owner's agent or the transportation agency chooses not to retrieve the stray logs, the person who recovered the logs may sell them or dispose of them as the person sees fit after ninety days, provided the person has made three attempts in writing to notify the owner. Of the written notice to the owner, one of the three must be a certified return receipt mail at the owner's last known address.

       NEW SECTION. Sec. 5. A new section is added to chapter 76.40 RCW to read as follows:

       Branded and marked logs, boom sticks, and boom chains shall be presumed to be the property of the person in whose name the brand or catch brand thereon is imprinted and is registered with the department of natural resources.

       NEW SECTION. Sec. 6. A new section is added to chapter 76.40 RCW to read as follows:

       Any person having possession of stray logs, boom sticks, or boom chains, except as provided in this chapter shall be presumed to have and to hold possession of same with intent to deprive and defraud the owner thereof and such possession shall be prima facie evidence to deprive and defraud.

       NEW SECTION. Sec. 7. A new section is added to chapter 76.40 RCW to read as follows:

       It shall be unlawful to purchase or otherwise acquire stray logs other than from the owner, or from a person who has recovered stray logs according to this chapter or to process or manufacture products from logs acquired in contravention of the provisions of this chapter or to possess such logs for such purpose.

       NEW SECTION. Sec. 8. A new section is added to chapter 76.40 RCW to read as follows:

       Any violation of this chapter shall be a gross misdemeanor. In addition, the owner who has been deprived of the use, benefit, or possession of any stray logs, booms sticks, or boom chains, in violation of this chapter, shall have a right of civil action to recover damages from any person causing such deprivation, including the purchaser of such stray logs, boom sticks, and boom chains.

       NEW SECTION. Sec. 9. A new section is added to chapter 76.40 RCW to read as follows:

       The department may close areas under its jurisdiction to log recovery activities if the department determines that log recovery in those areas would pose a threat to public safety or the environment.

       NEW SECTION. Sec. 10. A new section is added to chapter 76.40 RCW to read as follows:

       The department may enter into agreements with the state of Oregon and its applicable agencies to coordinate log recovery activities where possible.

       Sec. 11. RCW 76.36.110 and 1984 c 60 s 6 are each amended to read as follows:

       Every person:

       (1) Except boom companies ((and log patrol companies)) organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or,

       (2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,

       (3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,

       (4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner; is guilty of a gross misdemeanor.

       Sec. 12. RCW 76.42.020 and 1973 c 136 s 3 are each amended to read as follows:

       "Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or ((navigable [tidal])) tidal and shorelands and which is not merchantable or economically salvageable under ((the Log Patrol Act,)) chapter 76.40 RCW.

       "Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.

       Sec. 13. RCW 76.42.030 and 1973 c 136 s 4 are each amended to read as follows:

       The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by ((licensed log patrolmen, other)) private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his own personal use.

       Sec. 14. RCW 82.16.010 and 1991 c 272 s 14 are each amended to read as follows:

       For the purposes of this chapter, unless otherwise required by the context:

       (1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.

       (2) "Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.

       (3) "Railroad car business" means the business of renting, leasing or operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.

       (4) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.

       (5) "Light and power business" means the business of operating a plant or system for the generation, production or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.

       (6) "Telegraph business" means the business of affording telegraphic communication for hire.

       (7) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.

       (8) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business), common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That "motor transportation business" shall not mean or include the transportation of logs or other forest products exclusively upon private roads or private highways.

       (9) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.

       (10) "Public service business" means any of the businesses defined in subdivisions (1), (2), (3), (4), (5), (6), (7), (8), and (9) or any business subject to control by the state, or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the legislature to be of a public service nature, except telephone business as defined in RCW 82.04.065 and low-level radioactive waste site operating companies as redefined in RCW 81.04.010. It includes, among others, without limiting the scope hereof: Airplane transportation, boom, dock, ferry, ((log patrol,)) pipe line, toll bridge, toll logging road, water transportation and wharf businesses.

       (11) "Tugboat business" means the business of operating tugboats, towboats, wharf boats or similar vessels in the towing or pushing of vessels, barges or rafts for hire.

       (12) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.

       (13) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount" and "successor" shall apply equally in the provisions of this chapter.

       NEW SECTION. Sec. 15. REPEALER. The following acts or parts of acts are each repealed:

       (1) RCW 76.40.010 and 1984 c 60 s 9 & 1957 c 182 s 1;

       (2) RCW 76.40.012 and 1984 c 60 s 10, 1955 c 108 s 1, & 1953 c 140 s 2;

       (3) RCW 76.40.013 and 1984 c 60 s 11 & 1957 c 182 s 9;

       (4) RCW 76.40.020 and 1984 c 60 s 12, 1957 c 182 s 2, 1955 c 27 s 1, 1953 c 140 s 9, & 1947 c 116 s 1;

       (5) RCW 76.40.030 and 1984 c 60 s 13, 1979 ex.s. c 67 s 13, 1963 c 12 s 1, 1957 c 182 s 3, 1955 c 108 s 3, 1953 c 140 s 10, & 1947 c 116 s 3;

       (6) RCW 76.40.040 and 1984 c 60 s 14, 1957 c 182 s 4, & 1947 c 116 s 5;

       (7) RCW 76.40.050 and 1984 c 60 s 15, 1957 c 182 s 5, 1953 c 140 s 11, & 1947 c 116 s 5;

       (8) RCW 76.40.060 and 1982 c 35 s 199 & 1947 c 116 s 6;

       (9) RCW 76.40.070 and 1984 c 60 s 16, 1957 c 182 s 6, & 1947 c 116 s 8;

       (10) RCW 76.40.080 and 1984 c 60 s 17 & 1947 c 116 s 9;

       (11) RCW 76.40.090 and 1947 c 116 s 10;

       (12) RCW 76.40.100 and 1984 c 60 s 18 & 1947 c 116 s 11;

       (13) RCW 76.40.110 and 1957 c 182 s 7, 1953 c 140 s 12, & 1947 c 116 s 12;

       (14) RCW 76.40.120 and 1984 c 60 s 19 & 1947 c 116 s 14;

       (15) RCW 76.40.130 and 1947 c 116 s 13;

       (16) RCW 76.40.135 and 1984 c 60 s 20;

       (17) RCW 76.40.140 and 1984 c 60 s 21;

       (18) RCW 76.40.145 and 1984 c 60 s 22;

       (19) RCW 76.40.900 and 1947 c 116 s 15; and

       (20) RCW 76.40.910 and 1947 c 116 s 16.

       NEW SECTION. Sec. 16. 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."

      The President declared the question before the Senate to be the motion by Senator Owen that the Committee on Natural Resources striking amendment to Substitute House Bill No. 2351 not be adopted.

      The motion by Senator Owen carried and the Committee on Natural Resources striking amendment to Substitute House Bill No. 2351 was not adopted.


MOTION


      Senator Owen moved that the following amendment by Senators Owen and Oke be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 76.36.110 and 1984 c 60 s 6 are each amended to read as follows:

       Every person:

       (1) Except boom companies ((and log patrol companies)) organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or,

       (2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,

       (3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,

       (4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner; is guilty of a gross misdemeanor.

       Sec. 2. RCW 76.42.020 and 1973 c 136 s 3 are each amended to read as follows:

       "Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or ((navigable [tidal])) tidal and shorelands and which is not merchantable or economically salvageable under ((the Log Patrol Act,)) chapter 76.40 RCW.

       "Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.

       Sec. 3. RCW 76.42.030 and 1973 c 136 s 4 are each amended to read as follows:

       The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by ((licensed log patrolmen, other)) private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his own personal use.

       Sec. 4. RCW 82.16.010 and 1991 c 272 s 14 are each amended to read as follows:

       For the purposes of this chapter, unless otherwise required by the context:

       (1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.

       (2) "Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.

       (3) "Railroad car business" means the business of renting, leasing or operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.

       (4) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.

       (5) "Light and power business" means the business of operating a plant or system for the generation, production or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.

       (6) "Telegraph business" means the business of affording telegraphic communication for hire.

       (7) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.

       (8) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business), common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That "motor transportation business" shall not mean or include the transportation of logs or other forest products exclusively upon private roads or private highways.

       (9) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.

       (10) "Public service business" means any of the businesses defined in subdivisions (1), (2), (3), (4), (5), (6), (7), (8), and (9) or any business subject to control by the state, or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the legislature to be of a public service nature, except telephone business as defined in RCW 82.04.065 and low-level radioactive waste site operating companies as redefined in RCW 81.04.010. It includes, among others, without limiting the scope hereof: Airplane transportation, boom, dock, ferry, ((log patrol,)) pipe line, toll bridge, toll logging road, water transportation and wharf businesses.

       (11) "Tugboat business" means the business of operating tugboats, towboats, wharf boats or similar vessels in the towing or pushing of vessels, barges or rafts for hire.

       (12) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.

       (13) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount" and "successor" shall apply equally in the provisions of this chapter.

       NEW SECTION. Sec. 5. The department of natural resources shall convene a discussion between persons representative of the various interested parties including, but not limited to, log owners, transportation companies, recreational boaters, property owners, port authorities, local law enforcement agencies, and state agencies charged with the management and protection of aquatic resources to review issues related to stray log recovery.

       On or before October 31, 1994, the department of natural resources shall report proposed guidelines for the recovery of adrift stray logs, to provide for the protection of: (1) Life, property, and navigational safety; and (2) the environment and publicly owned aquatic resources.

       NEW SECTION. Sec. 6. REPEALER. The following acts or parts of acts are each repealed:

       (1) RCW 76.40.010 and 1984 c 60 s 9 & 1957 c 182 s 1;

       (2) RCW 76.40.012 and 1984 c 60 s 10, 1955 c 108 s 1, & 1953 c 140 s 2;

       (3) RCW 76.40.013 and 1984 c 60 s 11 & 1957 c 182 s 9;

       (4) RCW 76.40.020 and 1984 c 60 s 12, 1957 c 182 s 2, 1955 c 27 s 1, 1953 c 140 s 9, & 1947 c 116 s 1;

       (5) RCW 76.40.030 and 1984 c 60 s 13, 1979 ex.s. c 67 s 13, 1963 c 12 s 1, 1957 c 182 s 3, 1955 c 108 s 3, 1953 c 140 s 10, & 1947 c 116 s 3;

       (6) RCW 76.40.040 and 1984 c 60 s 14, 1957 c 182 s 4, & 1947 c 116 s 5;

       (7) RCW 76.40.050 and 1984 c 60 s 15, 1957 c 182 s 5, 1953 c 140 s 11, & 1947 c 116 s 5;

       (8) RCW 76.40.060 and 1982 c 35 s 199 & 1947 c 116 s 6;

       (9) RCW 76.40.070 and 1984 c 60 s 16, 1957 c 182 s 6, & 1947 c 116 s 8;

       (10) RCW 76.40.080 and 1984 c 60 s 17 & 1947 c 116 s 9;

       (11) RCW 76.40.090 and 1947 c 116 s 10;

       (12) RCW 76.40.100 and 1984 c 60 s 18 & 1947 c 116 s 11;

       (13) RCW 76.40.110 and 1957 c 182 s 7, 1953 c 140 s 12, & 1947 c 116 s 12;

       (14) RCW 76.40.120 and 1984 c 60 s 19 & 1947 c 116 s 14;

       (15) RCW 76.40.130 and 1947 c 116 s 13;

       (16) RCW 76.40.135 and 1984 c 60 s 20;

       (17) RCW 76.40.140 and 1984 c 60 s 21;

       (18) RCW 76.40.145 and 1984 c 60 s 22;

       (19) RCW 76.40.900 and 1947 c 116 s 15; and

       (20) RCW 76.40.910 and 1947 c 116 s 16."


POINT OF INQUIRY


      Senator Oke: "Senator Owen, maybe we are trying to slow this process down a little bit. This was a 'trust me' amendment and I really want to do that, but I'm being asked by others, 'Exactly what does this do?' Are we actually now deleting the two hundred dollar or thirty percent value and going back to somewhere else?"

      Senator Owen: "Yes, the original bill did not have that it in. It was put on as an amendment--well there was an amendment similar put on in the House and we offered a different amendment that made it a little more acceptable. We've removed that by not accepting the committee amendment. We now are just proposing that the Department of Natural Resources bring the parties together that deal with this and come up with a recommendation for us in the future, so that provision that you asked for is now gone."

      Senator Oke: "So, we are back to a study then?"

      Senator Owen: "Well, we are back to repealing the log patrol statute for the Department of Natural Resources as they originally requested and a study to determine how we are going to deal with this next session."

      Senator Oke: "Thank you."

      Senator Owen: "I should add that Representative Shin who was vitally concerned about this and offered the original language has agreed to this."

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Owen and Oke to Substitute House Bill No. 2351.

      The motion by Senator Owen carried and the striking amendment to House Bill No. 2351 was adopted.


MOTIONS


      On motion of Senator Owen, the following title amendment was adopted:

      On page 1, line 1 of the title, after "logs;" strike the remainder of the title and insert "amending RCW 76.36.110, 76.42.020, 76.42.030, and 82.16.010; creating a new section; and repealing RCW 76.40.010, 76.40.012, 76.40.013, 76.40.020, 76.40.030, 76.40.040, 76.40.050, 76.40.060, 76.40.070, 76.40.080, 76.40.090, 76.40.100, 76.40.110, 76.40.120, 76.40.130, 76.40.135, 76.40.140, 76.40.145, 76.40.900, and 76.40.910."

      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2351, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Anderson: "Senator Owen, in the repealing of these statutes, is there anticipated any savings to the state by this or does this only affect the private sector?"

      Senator Owen: "I think any savings would be minimal, because the Department of Natural Resources does very little in that area--if anything right now--and that is why they just want to clean up the statutes and take it off."


MOTIONS


      On motion of Senator Oke, Senator Linda Smith was excused.

      On motion of Senator Loveland, Senators Bauer and Ludwig were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2351, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2351, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 0; Absent, 1; Excused, 14.

      Voting yea: Senators Anderson, Bluechel, Deccio, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West and Williams - 34.

      Absent: Senator Wojahn - 1.

      Excused: Senators Amondson, Bauer, Cantu, Drew, Gaspard, Ludwig, McCaslin, Moore, Prince, Sellar, Skratek, Smith, L., Vognild and Winsley - 14.

      SUBSTITUTE HOUSE BILL NO. 2351, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      Senator Oke moved to invoke Rule No 15.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Sentor Oke to invoke Rule No 15.

      The motion by Senator Oke failed on a rising vote.


      EDITOR'S NOTE: Rule No. 15 states: 'The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day, the Senate shall recess ninety minutes for dinner each working evening. The rule may be suspended by a majority.'


SECOND READING


      HOUSE BILL NO. 2242, by Representatives Leonard, Cooke, Wolfe, Morris, L. Johnson, J. Kohl, Roland, Karahalios and Springer (by request of Department of Corrections and Department of Social and Health Services)

 

Authorizing the department of corrections to transfer juveniles under age eighteen to juvenile correctional institutions.


      The bill was read the second time.


MOTION


      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2242.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2242 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

      Excused: Senators Cantu, Drew, Moore, Prince and Smith, L. - 5.

      HOUSE BILL NO. 2242, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


MOTION


      On motion of Senator Roach, Senator Oke was excused.


SECOND READING


      HOUSE BILL NO. 2447, by Representatives Roland, Brough, Dorn, Thibaudeau and Patterson (by request of Department of Community Development)

 

Modifying the early childhood education and assistance program.


      The bill was read the second time.


MOTIONS


      On motion of Senator Pelz, the following Committee on Education amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 28A.215.100 and 1985 c 418 s 1 are each amended to read as follows:

       It is the intent of the legislature to establish ((a preschool)) an early childhood state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.

       Sec. 2. RCW 28A.215.110 and 1990 c 33 s 213 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.

       (1) "Advisory committee" means the advisory committee under RCW 28A.215.140.

       (2) (("At risk" means a child not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal head start program.

       (3))) "Department" means the department of community, trade, and economic development.

       (((4))) (3) "Eligible child" means ((an at-risk child as defined in this section)) a child not eligible for kindergarten whose family income is at or below one hundred percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing ((like educational)) comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the ((preschool)) early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible children from families with multiple needs.

       (((5))) (4) "Approved ((preschool)) programs" means those state-supported education and special assistance programs which are recognized by the department of community, trade, and economic development as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.

       (5) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.

       (6) "Family support services" means providing opportunities for parents to:

       (a) Actively participate in their child's early childhood program;

       (b) Increase their knowledge of child development and parenting skills;

       (c) Further their education and training;

       (d) Increase their ability to use needed services in the community;

       (e) Increase their self-reliance.

       Sec. 3. 1988 c 174 s 1 (uncodified) is amended to read as follows:

       The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and ((preschool)) early childhood programs.

       ((The legislature further finds that existing federal head start programs and state-supported early childhood education programs provide services for less than one-third of the eligible children in Washington.))

       The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education.

       Sec. 4. RCW 28A.215.120 and 1988 c 174 s 3 are each amended to read as follows:

       The department of community, trade, and economic development shall administer a state-supported ((preschool)) early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved ((preschool)) early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds.

       Sec. 5. RCW 28A.215.130 and 1988 c 174 s 4 are each amended to read as follows:

       Approved ((preschool)) early childhood programs shall receive state-funded support through the department. ((School districts, and existing head start grantees in cooperation with school districts)) Public or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state ((preschool)) early childhood program. ((School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the state program.)) Funds appropriated for the state program shall be used to continue to operate existing programs or to establish new or expanded ((preschool)) early childhood programs, and shall not be used to supplant federally supported head start programs. Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained, but shall not be used to supplant federally supported head start programs or state-supported ((preschool)) early childhood programs. Persons applying to conduct the ((preschool)) early childhood program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.

       Sec. 6. RCW 28A.215.150 and 1988 c 174 s 6 are each amended to read as follows:

       The department shall adopt rules under chapter 34.05 RCW for the administration of the ((preschool)) early childhood program. ((Federal head start program criteria, including set aside provisions for the)) Approved early childhood programs shall conduct needs assessments of their service area, identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation, ((to the extent practicable, shall be considered as guidelines for the state preschool early childhood assistance program)) and provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations.

       The department in developing rules for the ((preschool)) early childhood program shall consult with the advisory committee, and shall consider such factors as coordination with existing head start and other ((preschool)) early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the ((preschool)) early childhood programs to provide for parental involvement ((at a level not less than that provided under the federal head start program criteria)) in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.

       Sec. 7. 1987 c 518 s 1 (uncodified) is amended to read as follows:

       The long-term social, community welfare, and economic interests of the state will be served by an investment in our children. Conclusive studies and experiences show that providing children with ((certain)) developmental experiences and providing parents with effective parental ((guidance)) partnership, empowerment, opportunities for involvement with their child's developmental learning, and expanding parenting skills, learning, and training can greatly improve ((their)) children's performance in school as well as increase the likelihood of ((their)) children's success as adults. National studies have also confirmed that special attention to, and educational assistance for, children ((and)), their school environment ((is)), and their families are the most effective ways in which to meet the state's social and economic goals.

       The legislature intends to enhance the readiness to learn of certain children and students by: Providing for an expansion of the state early childhood education and assistance program for children from low-income families and establishing an adult literacy program for certain parents; assisting school districts to establish elementary counseling programs; instituting a program to address learning problems due to drug and alcohol use and abuse; and establishing a program directed at students who leave school before graduation.

       The legislature intends further to establish programs that will allow for parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn.

       Sec. 8. RCW 28A.215.160 and 1988 c 174 s 7 are each amended to read as follows:

       The department shall review applications from public or private nonsectarian organizations for state funding of early childhood education and assistance programs and award funds ((on a competitive basis)) as determined by department rules and based on local community needs and demonstrated capacity to provide services.

       Sec. 9. RCW 28A.215.170 and 1988 c 174 s 8 are each amended to read as follows:

       The governor shall report to the legislature before each regular session of the legislature convening in an odd-numbered year, on the ((merits of continuing and expanding the preschool program or instituting other means of providing early childhood development assistance. The)) current status of the program, the state-wide need for early childhood program services, and the plans to address these needs. The department shall consult with the office of the superintendent of public instruction ((shall assist the governor)) in the preparation of the biennial report and ((shall be consulted)) on all issues of mutual concern addressed in ((said)) the report.

       ((If the governor recommends the continuation of a state-funded preschool program, then)) The governor's report shall include specific recommendations on at least the following issues:

       (1) The desired relationships of a state-funded ((preschool)) early childhood education and assistance program with the common school system;

       (2) The types of children and their needs that the program should serve;

       (3) The appropriate level of state support for implementing a comprehensive ((preschool)) early childhood education and assistance program for all eligible children, including related programs to prepare instructors and provide facilities, equipment, and transportation;

       (4) The state administrative structure necessary to implement the program; and

       (5) The establishment of a system to examine and monitor the effectiveness of ((preschool)) early childhood educational and assistance services for ((disadvantaged)) eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those ((at-risk)) eligible students who ((do)) did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of ((at-risk)) eligible students who ((do)) did not have access to this program needing such services.

       Sec. 10. RCW 28A.215.180 and 1990 c 33 s 214 are each amended to read as follows:

       For the purposes of RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the department may award state support under RCW 28A.215.100 through 28A.215.160 to increase the numbers of eligible children assisted by the federal or state-supported ((preschool)) early childhood programs in this state ((by up to five thousand additional children)). Priority shall be given to ((groups in)) those geographical areas which include a high percentage of families qualifying under the ((federal "at risk")) "eligible child" criteria. The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.

       Sec. 11. RCW 28A.215.200 and 1990 c 33 s 215 are each amended to read as follows:

       The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the ((preschool)) early childhood state education and assistance program established by RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908. The department shall actively solicit support from business and industry and from the federal government for the ((preschool)) state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for ((children-at-risk)) eligible children.

       NEW SECTION. Sec. 12. This act shall take effect July 1, 1994."


      On motion of Senator Pelz, the following title amendment was adopted:

      On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "amending RCW 28A.215.100, 28A.215.110, 28A.215.120, 28A.215.130, 28A.215.150, 28A.215.160, 28A.215.170, 28A.215.180, and 28A.215.200; amending 1988 c 174 s 1 (uncodified); amending 1987 c 518 s 1 (uncodified); and providing an effective date."


MOTION


      On motion of Senator Pelz, the rules were suspended, House Bill No. 2447, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2447, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2447, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

      Excused: Senators Cantu, Drew, Moore, Oke and Prince - 5.

      HOUSE BILL NO. 2447, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2433, by House Committee on Revenue (originally sponsored by Representatives Peery, Ballard, G. Fisher, Foreman, Linville, Pruitt, Wineberry, Silver, Van Luven, L. Johnson, Cooke, Dunshee, Horn, Appelwick, Thibaudeau, Forner, Wang, H. Myers, Romero, Fuhrman, Wood, Valle, Brumsickle, Mastin, Finkbeiner, Ballasiotes, Chandler, Brough, Morris, Lemmon, Ogden, Springer, Quall, Wolfe, McMorris, Moak, Dorn, Sheahan, Carlson, R. Fisher, Karahalios, Johanson, Campbell, Edmondson, Cothern, Kessler, Basich, J. Kohl, Conway, Jones, Shin, Sheldon, King, Orr, Patterson, Eide, Dellwo, Rayburn, Roland and Anderson)

 

Providing open government through unedited televised coverage of state government proceedings.


      The bill was read the second time.


MOTIONS


      Senator Rinehart moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.08 RCW to read as follows:

       INTENT. The legislature finds that increasing citizens' access to information about both the processes of state government, and the issues dealt with by state government, will strengthen the democratic process. Recent technological developments in the area of telecommunications offer efficient and effective ways to expand this access to information about state government.

       It is the intent of the legislature, in a partnership with the private sector, to establish a mechanism to produce unedited televised coverage of state government deliberations and other public policy events of state-wide significance. Funding provided by the state is intended to cover the annual operating cost of the core services, which include gavel-to-gavel coverage of state government deliberations and other public policy events of state-wide significance. This service is intended to increase citizen access to government, and is a public purpose for which public funds may be expended. It is assumed that private contributions will be raised to purchase equipment, and to cover the cost of programming activities such as curriculum development for use in school classrooms.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.08 RCW to read as follows:

       ESCROW ACCOUNT. (1) The state treasurer shall contract with a qualified public deposit protection commission bank for the establishment of an escrow account. The account shall hold moneys appropriated by the legislature to the state treasurer specifically for the purposes of televising unedited, gavel-to-gavel coverage of state government deliberations and other public policy events of state-wide significance.

       The account may also be used to pay for the direct costs of producing interactive hearings over the Washington interactive teleconferencing system. These hearings shall be linked to the public television system provided for in this section to broadcast the hearings to the general public.

       The contracted bank shall disburse funds to the nonprofit organization, determined to be qualified by the office of financial management, on a quarterly basis to cover the annual operating expenses of the nonprofit organization. No more than one million seven hundred fifty thousand dollars may be disbursed for this purpose in the first year. Disbursements for this purpose may be increased by three percent per year thereafter. Expenditures for the production of interactive hearings must be approved by the administrative committees of both the house of representatives and the senate and may not exceed a total of fifty thousand dollars in any single year.

       (2) A qualified nonprofit organization is a nonprofit corporation formed solely for the purpose of providing unedited televised coverage of state government deliberations and other events of state-wide significance, and which has received a determination of a tax exempt status under section 501(c)(3) of the federal internal revenue code.

       (3) Interested qualified nonprofit organizations shall submit a four-year financial plan, a feasibility plan, and an engineering plan that includes a schedule of equipment needs and distribution plan to the office of financial management. The office of financial management may set criteria for these plans. The office of financial management shall review the submitted plans and, by May 2, 1994, select a qualified nonprofit organization to carry out sections 1 through 3 of this act from those nonprofit organizations whose plans indicate the ability to carry out sections 1 through 3 of this act.

       (4) Beginning January 1995, the qualified nonprofit organization shall prepare an annual independent audit, an annual financial statement, an annual report, and operational benchmarks that measure the nonprofit organization's impact on success of this program in meeting the intent of sections 1 through 3 of this act.

       (5) The initial selection award under this section shall be for a period of four years. The office of financial management shall by December 31, 1998, reopen the application process and select a qualified nonprofit organization.

       NEW SECTION. Sec. 3. A new section is added to chapter 43.08 RCW to read as follows:

       TERMS AND CONDITIONS. Placement and operation of equipment within legislative facilities are subject to terms and conditions between the qualified nonprofit organization and the respective houses of the legislature. Such terms and conditions may include but are not limited to: Programming standards requiring a fair and balanced presentation without regard to partisanship or ideology and a balance of possible subject matter and deliberating bodies.

       The initial terms and conditions and any amendment to those terms and conditions shall be ratified by a two-thirds vote of each house of the legislature. Such ratification shall be made in the form of a concurrent resolution.

       NEW SECTION. Sec. 4. CAPTIONS. Section captions as used in this act do not constitute any part of the law.

       NEW SECTION. Sec. 5. APPROPRIATION. The sum of six million six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the state treasurer for the purposes of this act.

       NEW SECTION. Sec. 6. EMERGENCY CLAUSE. 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 motion of Senator Williams, the following amendment by Senators Williams, Sutherland, Gaspard, Rinehart and McDonald to the Committee on Ways and Means striking amendment was adopted:

      On page 3, after line 16, strike all of section 5.

      Renumber the sections consecutively


MOTION


      On motion of Senator Spanel, further consideration of Substitute House Bill No. 2433 was deferred.


MOTION


      On motion of Senator Spanel, the Senate reverted to the fourth order of business.


MESSAGES FROM THE HOUSE


March 3, 1994


MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 6582,

      SECOND SUBSTITUTE SENATE JOINT MEMORIAL NO. 8003,

      SENATE JOINT MEMORIAL NO. 8013,

      SENATE JOINT MEMORIAL NO. 8027,

      SENATE CONCURRENT RESOLUTION NO. 8422, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


March 4, 1994


MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1561,

      SUBSTITUTE HOUSE BILL NO. 2151,

      SUBSTITUTE HOUSE BILL NO. 2170,

      HOUSE BILL NO. 2271,

      HOUSE BILL NO. 2282,

      HOUSE BILL NO. 2338,

      SUBSTITUTE HOUSE BILL NO. 2414,

      SUBSTITUTE HOUSE BILL NO. 2424,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,

      HOUSE BILL NO. 2477,

      HOUSE BILL NO. 2492,

      SUBSTITUTE HOUSE BILL NO. 2541,

      SUBSTITUTE HOUSE BILL NO. 2582, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


March 4, 1994


MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1955,

      SUBSTITUTE HOUSE BILL NO. 2182,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,

      SUBSTITUTE HOUSE BILL NO. 2246,

      SUBSTITUTE HOUSE BILL NO. 2526, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1561,

      SUBSTITUTE HOUSE BILL NO. 2151,

      SUBSTITUTE HOUSE BILL NO. 2170,

      HOUSE BILL NO. 2271,

      HOUSE BILL NO. 2282,

      HOUSE BILL NO. 2338,

      SUBSTITUTE HOUSE BILL NO. 2414,

      SUBSTITUTE HOUSE BILL NO. 2424,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,

      HOUSE BILL NO. 2477,



      HOUSE BILL NO. 2492,

      SUBSTITUTE HOUSE BILL NO. 2541,

      SUBSTITUTE HOUSE BILL NO. 2582.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1955,

      SUBSTITUTE HOUSE BILL NO. 2182,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,

      SUBSTITUTE HOUSE BILL NO. 2246,

      SUBSTITUTE HOUSE BILL NO. 2526.


      There being no objection, the President Pro Tempore advanced the Senate to the sixth order of business.


SECOND READING


      HOUSE BILL NO. 2512, by Representatives Leonard, Cooke, Thibaudeau, Karahalios, Sheldon, J. Kohl and King (by request of Department of Social and Health Services)

 

Expanding eligibility criteria for funds for sexually aggressive youth.


      The bill was read the second time.


MOTION


      On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

      On page 2, after line 17 insert the following:

      "(3) The department may provide funds, under this section, for youth in the care and custody of a tribe or through a tribal court, for the treatment of sexually aggressive youth only if: (a) The tribe uses the same or equivalent definitions and standards for determining which youth are sexually aggressive; and (b) The department seeks to recover any federal funds available for the treatment of youth."


MOTION


      On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2512, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Roach, Senators Nelson and Schow were excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2512, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2512, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.

      Absent: Senator Pelz - 1.

      Excused: Senators Nelson, Prince and Schow - 3.

      HOUSE BILL NO. 2512, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pritchard assumed the Chair.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2571, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Schmidt, R. Meyers and Dorn) (by request of Insurance Commissioner)

 

Requiring certain capital and surplus for insurers.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2571 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator West: "Senator Moore, it says that they must meet the requirements as existed prior to the effective date of this act. Is that prior to when we enact this act or is this prior to when the grandfather clause was put in? Are you repealing the grandfather clause for the--"

      Senator Moore: "For the companies outside the state, we are repealing the grandfather clause. Those within are still grandfathered, but still under the supervision of the Insurance Commissioner."

      Senator West: "O.K., thank you."


MOTION


      On motion of Senator Loveland, Senator Prentice was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2571.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2571 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 44.

      Voting nay: Senator West - 1.

      Absent: Senator Roach - 1.

      Excused: Senators Nelson, Prentice and Prince - 3.

      SUBSTITUTE HOUSE BILL NO. 2571, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2278, by House Committee on Local Government (originally sponsored by Representatives Horn, H. Myers, Edmondson and Springer)

 

Making laws relating to local government office vacancies more uniform.


      The bill was read the second time.


MOTIONS


      Senator Haugen moved that the following Committee on Government Operations amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 42.12 RCW to read as follows:

       A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:

       (1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.

       (2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.

       (3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.

       (4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.

       (5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.

       (6) As provided in RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.

       If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29.01.135 and shall service both the remainder of the unexpired term and the succeeding term.

       Sec. 2. RCW 42.12.010 and 1993 c 317 s 9 are each amended to read as follows:

       Every elective office shall become vacant on the happening of any of the following events:

       (1) The death of the incumbent;

       (2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;

       (3) His or her removal;

       (4) Except as provided in RCW 3.46.067 and 3.50.057, his or her ceasing to be a legally ((qualified elector)) registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which he or she shall have been elected or appointed;

       (5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;

       (6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;

       (7) The decision of a competent tribunal declaring void his or her election or appointment; or

       (8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.

       Sec. 3. RCW 43.06.010 and 1993 c 142 s 5 are each amended to read as follows:

       In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:

       (1) The governor shall supervise the conduct of all executive and ministerial offices;

       (2) The governor shall see that all offices are filled, including as provided in section 1 of this act, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;

       (3) The governor shall make the appointments and supply the vacancies mentioned in this title;

       (4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;

       (5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

       (6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

       (7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of ((his)) the prosecutor's duties;

       (8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

       (9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;

       (10) The governor shall issue and transmit election proclamations as prescribed by law;

       (11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;

       (12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;

       (13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;

       (14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.

       Sec. 4. RCW 14.08.304 and 1979 ex.s. c 126 s 3 are each amended to read as follows:

       The board of airport district commissioners shall consist of three members((, who shall each be a registered voter and actually a resident of the district)). The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as provided in RCW 29.13.020, three airport district commissioners shall be elected. The terms of office of airport district commissioners shall be two years, or until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular district general election on a nonpartisan basis in accordance with the general election law. ((They shall be nominated by petition of ten registered voters of the district.)) Vacancies on the board of airport district commissioners shall occur and shall be filled ((by appointment by the remaining commissioners)) as provided in chapter 42.12 RCW. Members of the board of airport district commissioners shall receive no compensation for their services, but shall be reimbursed for actual necessary traveling and sustenance expenses incurred while engaged on official business.

       Sec. 5. RCW 28A.315.520 and 1971 c 53 s 4 are each amended to read as follows:

       A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated. In addition, vacancies shall occur as provided in RCW 42.12.010.

       Sec. 6. RCW 29.15.120 and 1990 c 59 s 86 are each amended to read as follows:

       A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.

       NEW SECTION. Sec. 7. A new section is added to chapter 29.15 RCW to read as follows:

       Each person who files a declaration of candidacy for an elected office of a city, town, or special district shall be given written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120.

       Sec. 8. RCW 29.15.200 and 1975-'76 2nd ex.s. c 120 s 13 are each amended to read as follows:

       If after both the normal filing period and special three day filing period as provided by RCW 29.15.170 and 29.15.180((, as now or hereafter amended,)) have passed ((and still)), no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until ((his)) a successor is elected at the next election when such positions are voted upon ((as provided by RCW 29.21.410, as now or hereafter amended)).

       NEW SECTION. Sec. 9. A new section is added to chapter 35.02 RCW to read as follows:

       An election shall be held to elect city or town elected officials at the next municipal general election occurring more than twelve months after the date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town council shall be established at this election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office. Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners shall not be staggered, as provided in chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

       Sec. 10. RCW 35.17.020 and 1979 ex.s. c 126 s 17 are each amended to read as follows:

       All regular elections in cities organized under the statutory commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW 29.13.020. The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. ((If a vacancy occurs in the commission the remaining members shall appoint a person to fill it for the unexpired term.)) Vacancies on a commission shall occur and shall be filled as provided in chapter 42.12 RCW, except that in every instance a person shall be elected to fill the remainder of the unexpired term at the next general municipal election that occurs twenty-eight or more days after the occurrence of the vacancy.

       Sec. 11. RCW 35.17.400 and 1979 ex.s. c 126 s 18 are each amended to read as follows:

       The first election of commissioners shall be held ((within)) at the next special election that occurs at least sixty days after the ((adoption of)) election results are certified where the proposition to organize under the commission form was approved by city voters, and the commission first elected shall commence to serve as soon as they have been elected and have qualified and shall continue to serve until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. The date of the second election for commissioners shall be in accordance with RCW 29.13.020 such that the term of the first commissioners will be as near as possible to, but not in excess of, four years calculated from the first day in January in the year after the year in which the first commissioners were elected.

       Sec. 12. RCW 35.18.020 and 1981 c 260 s 7 are each amended to read as follows:

       (1) The number of ((councilmen)) councilmembers in a city or town operating with a council-manager plan of government shall be ((in proportion to the population of the city or town indicated in its petition for incorporation and thereafter shall be in proportion to its population as last)) based upon the latest population of the city or town that is determined by the office of financial management as follows:

       (a) A city or town having not more than two thousand inhabitants, five ((councilmen)) councilmembers; and

       (b) A city or town having more than two thousand, seven ((councilmen)) councilmembers.

       (2) ((All councilmen shall be elected at large or from such wards or districts as may be established by ordinance, and shall serve for a term of four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, HOWEVER, That at the first general municipal election held in the city in accordance with RCW 29.13.020, after the election approving the council-manager plan, the following shall apply:

       (a) One councilman shall be nominated and elected from each ward or such other existing district of said city as may have been established for the election of members of the legislative body of the city and the remaining councilmen shall be elected at large; but if there are no such wards or districts in the city, or at an initial election for the incorporation of a community, the councilmen shall be elected at large.

       (b) In cities electing five councilmen, the candidates having the three highest number of votes shall be elected for a four year term and the other two for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

       (c) In cities electing seven councilmen, the candidates having the four highest number of votes shall be elected for a four year term and the other three for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

       (d) In determining the candidates receiving the highest number of votes, only the candidate receiving the highest number of votes in each ward, as well as the councilman-at-large or councilmen-at-large, are to be considered)) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All councilmembers shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Councilmembers may be elected on a city-wide or town-wide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific positions. Wards or districts shall be redrawn as provided in chapter 29.70 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or district; and (b) only voters of the ward or district may vote at a primary to nominate candidates for a councilmember of the ward or district. Voters of the entire city or town may vote at the general election to elect a councilmember of a ward or district, unless the city or town had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward or district associated with the council positions. If a city or town had so limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be authorized to continue to do so.

       (3) When a ((municipality)) city or town has qualified for an increase in the number of ((councilmen)) councilmembers from five to seven by virtue of the next succeeding population determination made by the office of financial management ((after the majority of the voters thereof have approved operation under the council-manager plan)), two additional council positions shall be filled at the ((first)) next municipal general election ((when two additional councilmen are to be elected, one of the two additional councilmen receiving)) with the person elected to one of the new council positions receiving the ((highest)) greatest number of votes ((shall be)) being elected for a four-year term of office and the person elected to the other additional ((councilman shall be)) council position being elected for a two-year term of office. The ((terms of the)) two additional ((councilmen)) councilmembers shall ((commence)) assume office immediately when qualified in accordance with RCW 29.01.135, but the term of office shall be computed from the first day of January after the year in which they are elected. Their successors shall be elected to four-year terms of office.

       (((4) In the event such population determination as provided in subsection (3) of this section requires an increase in the number of councilmen)) Prior to the election of the two new councilmembers, the city or town council shall fill the additional ((councilmanic)) positions by appointment not later than ((thirty)) forty-five days following the release of ((said)) the population determination, and ((the)) each appointee shall hold office only until ((the next regular city or town election at which a person shall be elected to serve for the remainder of the unexpired term. In the event such population determination results in a decrease in the number of councilmen, said decrease shall not take effect until the next regular city or town election: PROVIDED, That)) the new position is filled by election.

       (4) When a city or town has qualified for a decrease in the number of councilmembers from seven to five by virtue of the next succeeding population determination made by the office of financial management, two council positions shall be eliminated at the next municipal general election if four council positions normally would be filled at that election, or one council position shall be eliminated at each of the next two succeeding municipal general elections if three council positions normally would be filled at the first municipal general election after the population determination. The council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from wards or districts.

       (5) ((If a vacancy in the council occurs, the remaining members shall appoint a person to fill such office only until the next regular general municipal election at which a person shall be elected to serve for the remainder of the unexpired term)) Vacancies on a council shall occur and shall be filled as provided in chapter 42.12 RCW.

       Sec. 13. RCW 35.18.270 and 1979 ex.s. c 126 s 20 are each amended to read as follows:

       If the majority of the votes cast at a special election for organization on the council-manager plan favor the plan, the city or town ((at its next regular election)) shall elect the council required under the council-manager plan in number according to ((the)) its population ((of the municipality: PROVIDED, That if the date of the next municipal general election is more than one year from the date of the election approving the council-manager plan, a special election shall be held to elect the councilmen; the newly elected councilmen shall assume office immediately when they are qualified in accordance with RCW 29.01.135 following the canvass of votes as certified and shall remain in office until their successors are elected at the next general municipal election: PROVIDED, That such successor shall hold office for staggered terms as provided in RCW 35.18.020 as now or hereafter amended. Councilmen shall take office at the time provided by general law. Declarations of candidacy for city or town elective positions under the council-manager plan for cities and towns shall be filed with the county auditor as the case may be not more than forty-five nor less than thirty days prior to said special election to elect the members of the city council. Any candidate may file a written declaration of withdrawal at any time within five days after the last day for filing a declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in group under the designation of the title of the offices for which they are candidates. There shall be no rotation of names)) at the next municipal general election. However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an even-numbered year if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan. The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.

       Sec. 14. RCW 35.23.050 and 1965 c 7 s 35.23.050 are each amended to read as follows:

       All municipal elections held under the provisions of this chapter shall be conducted according to the general election laws of this state((, as far as practicable: PROVIDED, That any qualified voter of such city, duly registered for the general county or state election next preceding any municipal election, general or special, shall be qualified to vote at such municipal election. No person shall be qualified to vote at such election unless he is a qualified elector of the county and has resided in such city for at least thirty days next preceding such election)).

       Sec. 15. RCW 35.23.240 and 1965 c 7 s 35.23.240 are each amended to read as follows:

       The city council may declare an office vacant: (1) If anyone either elected or appointed to that office fails for ten days to qualify as required by law or fails to enter upon ((his)) the duties of that office at the time fixed by law or the orders of the city council, ((his)) the office shall become vacant; or (2) if such an officer ((absents himself)) who serves for compensation is absent from the city without the consent of the city council for three consecutive weeks or openly neglects or refuses to discharge ((his)) the duties((, the council may declare his office vacant: PROVIDED, That this penalty for absence from the city shall not apply to such officers as serve without compensation.

       If a vacancy occurs by reason of death, resignation, or otherwise in the office of mayor or councilman, the city council shall fill the vacancy until the next general municipal election)) of that office. In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.

       If a vacancy occurs ((by reason of death, resignation, or otherwise)) in any other office it shall be filled by appointment of the mayor and confirmed by the council in the same manner as other appointments are made.

       Sec. 16. RCW 35.23.530 and 1965 c 7 s 35.23.530 are each amended to read as follows:

       At any time not within three months previous to an annual election the city council of a second class city may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his election: PROVIDED, That if this results)) their elections. However, if these boundary changes result in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.

       The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.

       ((No person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election and removal of his residence from the ward for which he was elected renders his office vacant.))

       Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.

       Sec. 17. RCW 35.24.050 and 1979 ex.s. c 126 s 22 are each amended to read as follows:

       General municipal elections in third class cities not operating under the commission form of government shall be held biennially in the odd-numbered years ((as provided in RCW 29.13.020)) and shall be subject to general election law.

       The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.

       ((A councilman-at-large shall be elected biennially for a two-year term and until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. Of the other six councilmen, three shall be elected in each biennial general municipal election for terms of four years and until their successors are elected and qualified and assume)) Council positions shall be numbered in each third class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       In its discretion the council of a third class city may divide the city by ordinance into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.

       Sec. 18. RCW 35.24.060 and 1965 c 7 s 35.24.060 are each amended to read as follows:

       All elections shall be held in accordance with the general election laws of the state ((insofar as the same are applicable and no person shall be entitled to vote at any election unless he shall be a qualified elector of the county and shall have resided in such city for at least thirty days next preceding such election)).

       Sec. 19. RCW 35.24.100 and 1965 c 7 s 35.24.100 are each amended to read as follows:

       ((In cities of)) The council of a third class city may declare a council position vacant if ((a member of the city council absents himself)) that councilmember is absent for three consecutive regular meetings ((thereof, unless by)) without the permission of the council((, his office may be declared vacant by the council.

       Vacancies in the city council or in the office of mayor shall be filled by majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.

       Vacancies in offices other than that of mayor or city ((councilman)) councilmember shall be filled by appointment of the mayor.

       ((If a vacancy occurs in an elective office the appointee shall hold office only until the next regular election at which a person shall be elected to serve for the remainder of the unexpired term.))

       If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.

       Sec. 20. RCW 35.24.290 and 1993 c 83 s 6 are each amended to read as follows:

       The city council of each third class city shall have power:

       (1) To pass ordinances not in conflict with the Constitution and laws of this state or of the United States;

       (2) To prevent and regulate the running at large of any or all domestic animals within the city limits or any part thereof and to cause the impounding and sale of any such animals;

       (3) To establish, build and repair bridges, to establish, lay out, alter, keep open, open, widen, vacate, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish and reestablish the grades thereof; to grade, plank, pave, macadamize, gravel and curb the same, in whole or in part; to construct gutters, culverts, sidewalks and crosswalks therein or upon any part thereof; to cultivate and maintain parking strips therein, and generally to manage and control all such highways and places; to provide by local assessment for the leveling up and surfacing and oiling or otherwise treating for the laying of dust, all streets within the city limits;

       (4) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets and alleys or within two hundred feet thereof along which sewers shall have been constructed to make proper connections therewith and to use the same for proper purposes, and in case the owners of the property on such streets and alleys or within two hundred feet thereof fail to make such connections within the time fixed by such council, it may cause such connections to be made and assess against the property served thereby the costs and expenses thereof;

       (5) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;

       (6) To impose and collect an annual license on every dog within the limits of the city, to prohibit dogs running at large and to provide for the killing of all dogs not duly licensed found at large;

       (7) To license, for the purposes of regulation and revenue, all and every kind of business authorized by law, and transacted and carried on in such city, and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof, to fix the rate of license tax upon the same, and to provide for the collection of the same by suit or otherwise;

       (8) To improve rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channel thereof, and remove obstructions therefrom; to improve the water-front of the city, and to construct and maintain embankments and other works to protect such city from overflow; to prevent the filling of the water of any bay, except such filling over tide or shorelands as may be provided for by order of the city council; to purify and prevent the pollution of streams of water, lakes or other sources of supply, and for this purpose shall have jurisdiction over all streams, lakes or other sources of supply, both within and without the city limits. Such city shall have power to provide by ordinance and to enforce such punishment or penalty as the city council may deem proper for the offense of polluting or in any manner obstructing or interfering with the water supply of such city or source thereof;

       (9) To erect and maintain buildings for municipal purposes;

       (10) To permit, under such restrictions as it may deem proper, and to grant franchises for, the laying of railroad tracks, and the running of cars propelled by electric, steam or other power thereon, and the laying of gas and water pipes and steam mains and conduits for underground wires, and to permit the construction of tunnels or subways in the public streets, and to construct and maintain and to permit the construction and maintenance of telegraph, telephone and electric lines therein;

       (11) ((In its discretion to divide the city by ordinance, into a convenient number of wards, not exceeding six, to fix the boundaries thereof, and to change the same from time to time: PROVIDED, That no change in the boundaries of any ward shall be made within sixty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmen to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmen so designated shall be elected by the qualified electors resident in such ward, or by general vote of the whole city as may be designated in such ordinance. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. The removal of a councilman from the ward for which he was elected shall create a vacancy in such office;

       (12))) To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed five thousand dollars nor the term of such imprisonment exceed the term of one year, except that the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime; or to provide that violations of ordinances constitute a civil violation subject to monetary penalty, but no act that is a state crime may be made a civil violation;

       (((13))) (12) To establish fire limits, with proper regulations;

       (((14))) (13) To establish and maintain a free public library;

       (((15))) (14) To establish and regulate public markets and market places;

       (((16))) (15) To punish the keepers and inmates and lessors of houses of ill fame, gamblers and keepers of gambling tables, patrons thereof or those found loitering about such houses and places;

       (((17))) (16) To make all such ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the corporation and its trade, commerce and manufactures, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter, and to enact and enforce within the limits of such city all other local, police, sanitary and other regulations as do not conflict with general laws;

       (((18))) (17) To license steamers, boats and vessels used in any bay or other watercourse in the city and to fix and collect such license; to provide for the regulation of berths, landings, and stations, and for the removing of steamboats, sail boats, sail vessels, rafts, barges and other watercraft; to provide for the removal of obstructions to navigation and of structures dangerous to navigation or to other property, in or adjoining the waterfront, except in municipalities in counties in which there is a city of the first class.

       Sec. 21. RCW 35.27.100 and 1965 c 7 s 35.27.100 are each amended to read as follows:

       All elections in towns shall be held in accordance with the general election laws of the state((, so far as the same may be applicable; and no person shall be entitled to vote at such election, unless he is a qualified elector of the county, and has resided in the town for at least thirty days next preceding the election)).

       Sec. 22. RCW 35.27.140 and 1965 c 7 s 35.27.140 are each amended to read as follows:

       ((If a member of)) The council of a town may declare a council position vacant if that councilmember is absent from the town for three consecutive council meetings ((unless by)) without the permission of the council ((his office shall be declared vacant by the council. A vacancy in the office of mayor and vacancies in the council shall be filled by a majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.

       A vacancy in any other office shall be filled by appointment by the mayor. ((An appointee filling the vacancy in an elective office shall hold office only until the next general election at which time a person shall be elected to serve for the remainder of the unexpired term except that the person appointed to fill a vacancy in the office of mayor shall serve for the unexpired term.))

       Sec. 23. RCW 35.61.050 and 1979 ex.s. c 126 s 24 are each amended to read as follows:

       At the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five park commissioners shall be elected ((to hold office respectively for the following terms: Where the election is held in an odd-numbered year, one commissioner shall be elected to hold office for two years, two shall be elected to hold office for four years, and two shall be elected to hold office for six years. Where the election is held in an even-numbered year, one commissioner shall hold office for three years, two shall hold office for five years, and two shall hold office for seven years)). The election of park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary shall be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a commissioner. The staggering of the terms of office shall occur as follows: (1) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (2) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January ((of)) in the year after they are elected. ((The term of each nominee for park commissioner shall be expressed on the ballot.)) Thereafter, all commissioners shall ((serve)) be elected to six-year terms of office ((and)). All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled ((by majority action of the remaining commissioners appointing a voter to fill the remainder of the term of the vacant commissioner position)) as provided in chapter 42.12 RCW.

       Sec. 24. RCW 35A.01.070 and 1979 ex.s. c 18 s 1 are each amended to read as follows:

       Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context:

       (1) "Classify" means a change from a city of the first, second, or third class, or a town, to a code city.

       (2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first, second, or third class city, unclassified city, or town, or otherwise as a code city.

       (3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055.

       (4) "Organization" means the general plan of government under which a city operates.

       (5) "Plan of government" means ((either the)) a mayor-council form of government under chapter 35A.12 RCW, council-manager form of government under chapter 35A.13 RCW, or a mayor-council, council-manager, or commission form of government in general that is retained by a noncharter code city as provided in RCW 35A.02.130, without regard to variations in the number of elective offices or whether officers are elective or appointive.

       (6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city.

       (7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification.

       (8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government, for which an election of new officers under RCW 35A.02.050 is required. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.

       (9) "Reorganization" means a change in general plan of government where an election of all new officers is required in order to accomplish this change, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization.

       Sec. 25. RCW 35A.02.050 and 1979 ex.s. c 18 s 7 are each amended to read as follows:

       The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with RCW 29.13.020. In the event that the first election of officers ((as herein provided)) is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to RCW 29.21.010 and 29.13.070. In the event that the first election of all officers ((as herein provided)) is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by RCW 29.13.010: PROVIDED, That in the event the ordinances calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed with the secretary of state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in ((chapter 35A.29 RCW)) general election law.

       Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions((, and an)). The initial terms ((or)) of office for those elected at a first election of all officers ((to positions one and two for a five member council, or positions one through three for a seven member council, shall if the election occurs at a general municipal election be only until the second Monday in January first following the next general municipal election two years hence and if the election occurs at a special election, the duration of these initial terms shall be until the second Monday in January in the first even-numbered year that follows the next general municipal election. The duration of the initial term attaching to the remaining councilmanic positions shall be until the second Monday in January two years next thereafter, so that staggered regular four year terms will ultimately result. Any declarations of candidacy for any primary or other election held pursuant to this section shall be filed as provided in RCW 35A.29.110 as now or hereafter amended)) shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an odd-numbered year, or one-year terms of office, if the election is held in an even-numbered year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayor-council plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in RCW 29.04.170.

       The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof. ((Officers elected at the first election of officers held pursuant to this amendatory act shall assume office as soon as the election returns have been certified.))

       Sec. 26. RCW 35A.02.130 and 1967 ex.s. c 119 s 35A.02.130 are each amended to read as follows:

       Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election.

       Sec. 27. RCW 35A.06.020 and 1967 ex.s. c 119 s 35A.06.020 are each amended to read as follows:

       The classifications of municipalities which existed prior to the time this title goes into effect--first class city, second class city, third class ((and fourth class)) city, town, and unclassified city--and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city changes its plan of government to the provisions of either chapter 35A.12 or 35A.13 RCW.

       Sec. 28. RCW 35A.06.030 and 1979 ex.s. c 18 s 14 are each amended to read as follows:

       By use of the resolution for election or petition for election methods described in RCW 35A.06.040, any noncharter code city which has operated for more than six consecutive years under one of the optional plans of government authorized by this title, or for more than a combined total of six consecutive years under a particular plan of government both as a code city and under the same general plan under Title 35 RCW immediately prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a noncharter code city for more than one year or a city after operating for more than six consecutive years under a particular plan of government as a noncharter code city ((or may reclassify and adopt a plan of government authorized by the general law for municipalities of the highest class for which the population of such city qualifies it, or authorized for the class to which such city belonged immediately prior to becoming a noncharter code city, if any)): PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.

       In reorganization under a different general plan of government as a noncharter code city, officers shall all be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code and shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law.

       Sec. 29. RCW 35A.06.050 and 1979 ex.s. c 18 s 15 are each amended to read as follows:

       The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general municipal election if one is to be held within one hundred and eighty days or otherwise at a special election called for that purpose in accordance with RCW 29.13.020. The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 29.27.060 and 35A.29.120((, as now or hereafter amended. If the plan proposed in the petition is not a plan authorized for noncharter code cities by this title, the ballot statement shall clearly set forth that adoption of such plan by the voters would require abandonment of the classification of noncharter code city and that government would be under the general law relating to cities of the class specified in the resolution or petition. If the plan proposed in the petition is a plan authorized for noncharter code cities the ballot statement shall clearly set forth that adoption of such plan by the voters would not affect the eligibility of the noncharter code city to be governed under this optional municipal code)).

       Sec. 30. RCW 35A.12.010 and 1985 c 106 s 1 are each amended to read as follows:

       The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.

       A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.

       However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.

       Sec. 31. RCW 35A.12.040 and 1979 ex.s. c 18 s 21 are each amended to read as follows:

       Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the ((councilmen)) councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified((; except that at any first election three councilmen in cities having seven councilmen, and two councilmen in cities having five councilmen, shall be elected for two year terms and the remaining councilmen shall be elected for four year terms)) and assume office in accordance with RCW 29.04.170. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of ((councilmen)) councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes((, as provided in RCW 35A.29.105. In any city which holds its first election under this title in the calendar year 1970, candidates elected for two year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1973 and candidates elected for four year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1975)). Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. ((The city council shall be the judge of the qualifications of its members and determine contested elections of city officers, subject to review by certiorari as provided by law.)) The mayor and ((councilmen)) councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.

       Sec. 32. RCW 35A.12.050 and 1967 ex.s. c 119 s 35A.12.050 are each amended to read as follows:

       The office of a mayor or ((councilman)) councilmember shall become vacant if ((he)) the person who is elected or appointed to that position fails to qualify as provided by law ((or)), fails to enter upon ((his)) the duties of that office at the time fixed by law without a justifiable reason, ((upon his death, resignation, removal from office by recall as provided by law, or when his office is forfeited)) or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled ((for the remainder of the unexpired term, if any, at the next regular municipal election but the council, or the remaining members thereof, by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If at any time the membership of the council is reduced below the number required for a quorum, the remaining members, nevertheless, by majority action may appoint additional members to fill the vacancies until persons are elected to serve the remainder of the unexpired terms. If, after thirty days have passed since the occurrence of a vacancy, the council are unable to agree upon a person to be appointed to fill a vacancy in the council, the mayor may make the appointment from among the persons nominated by members of the council)) as provided in chapter 42.12 RCW.

       Sec. 33. RCW 35A.12.060 and 1967 ex.s. c 119 s 35A.12.060 are each amended to read as follows:

       ((A mayor or councilman shall forfeit his office, creating a vacancy, if he ceases to have the qualifications prescribed for such office by law, charter, or ordinance, or if he is convicted of a crime involving moral turpitude or an offense involving a violation of his oath of office. A councilman also shall forfeit his office if he)) In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.

       Sec. 34. RCW 35A.12.180 and 1967 ex.s. c 119 s 35A.12.180 are each amended to read as follows:

       At any time not within three months previous to a municipal general election the council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his)) their elections: PROVIDED, That if this results in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. ((When the city has been divided into wards no person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election, and removal of his residence from the ward for which he was elected renders his office vacant.))

       Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so.

       Sec. 35. RCW 35A.13.010 and 1987 c 3 s 16 are each amended to read as follows:

       The ((councilmen)) councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.

       A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.

       However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.

       Sec. 36. RCW 35A.13.020 and 1975 1st ex.s. c 155 s 1 are each amended to read as follows:

       In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan((: PROVIDED, That)), except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one ((on or after September 8, 1975,)) shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030((, as now or hereafter amended)).

       Sec. 37. RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060 are each amended to read as follows:

       An annexation election shall be held in accordance with ((chapter 35A.29 RCW of this title)) general election law and only registered voters who have resided in the area proposed to be annexed for ninety days immediately preceding the election shall be allowed to vote therein.

       Sec. 38. RCW 35A.14.070 and 1979 ex.s. c 124 s 4 are each amended to read as follows:

       Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by the boundary review board or the county annexation review board, state the objects of the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and "Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed, and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for or against the portion of indebtedness that the city requires to be assumed. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published at least once a week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory proposed to be annexed. Such notice shall be in addition to the notice required by ((RCW 35A.29.140)) general election law.

       Sec. 39. RCW 35A.15.040 and 1967 ex.s. c 119 s 35A.15.040 are each amended to read as follows:

       ((The election shall be conducted and the returns canvassed as provided in chapter 35A.29 RCW.)) Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the proposition are for dissolution, the municipal corporation shall be dissolved upon certification of the election results to the office of the secretary of state.

       Sec. 40. RCW 35A.16.030 and 1967 ex.s. c 119 s 35A.16.030 are each amended to read as follows:

       ((The election returns shall be canvassed as provided in RCW 35A.29.070 and)) If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((legislative body, by an order entered on its minutes, shall direct the clerk to)) county auditor shall make and transmit to the office of the secretary of state a certified abstract of the vote.

       NEW SECTION. Sec. 41. A new section is added to chapter 35A.29 RCW to read as follows:

       Elections for code cities shall comply with general election law.

       Sec. 42. RCW 36.69.020 and 1969 c 26 s 2 are each amended to read as follows:

       The formation of a park and recreation district shall be initiated by a petition designating the boundaries thereof by metes and bounds, or by describing the land to be included therein by townships, ranges and legal subdivisions. Such petition shall set forth the object of the district and state that it will be conducive to the public welfare and convenience, and that it will be a benefit to the area therein. Such petition shall be signed by not less than fifteen percent of the registered voters residing within the area so described. ((No person signing the petition may withdraw his name therefrom after filing.)) The name of a person who has signed the petition may not be withdrawn from the petition after the petition has been filed.

       The petition shall be filed with the auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners, agreeing to pay the cost of the publication of the notice provided for in RCW 36.69.040. The county auditor shall, within thirty days from the date of filing the petition, examine the signatures and certify to the sufficiency or insufficiency thereof((; and for that purpose shall have access to all registration books or records in the possession of the registration officers of the election precincts included, in whole or in part, within the proposed district. Such books and records shall be prima facie evidence of the truth of the certificate)).

       If the petition is found to contain a sufficient number of signatures of qualified persons, the auditor shall transmit it, together with ((his)) a certificate of sufficiency attached thereto, to the county ((commissioners who)) legislative authority, which shall by resolution entered upon ((their)) its minutes((,)) receive it and fix a day and hour when ((they)) the legislative authority will publicly hear the petition, as provided in RCW 36.69.040.

       Sec. 43. RCW 36.69.070 and 1979 ex.s. c 126 s 28 are each amended to read as follows:

       ((All elections pursuant to this chapter shall be conducted in accordance with the provisions of chapter 29.13 RCW for district elections.)) A ballot proposition authorizing the formation of the proposed park and recreation district shall be submitted to the voters of the proposed district for their approval or rejection at the next general state election occurring sixty or more days after the county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the park and recreation district shall state generally and briefly the purpose thereof and shall give the boundaries of the proposed district((, define the election precincts, designate the polling place of each, give the names of the five nominated park and recreation commissioner candidates of the proposed district,)) and name the day of the election and the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such manner that the voters may indicate yes or no upon the proposition of forming the proposed park and recreation district. ((The ballot shall be so arranged that voters may vote for the five nominated candidates or may write in the names of other candidates.))

       The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year or one-year terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.

       Sec. 44. RCW 36.69.080 and 1979 ex.s. c 126 s 29 are each amended to read as follows:

       If a majority of all votes cast upon the proposition favors the formation of the district, (([the])) the county legislative authority shall(([,])), by resolution, declare the territory organized as a park and recreation district under the designated name ((theretofore designated, and shall declare the candidate from each subdivision receiving the highest number of votes for park and recreation commissioner the duly elected first park and recreation commissioner of the subdivision of the district. These initial park and recreation commissioners shall take office immediately upon their election and qualification and hold office until their successors are elected and qualified and assume office as provided in RCW 36.69.090 as now or hereafter amended)).

       Sec. 45. RCW 36.69.090 and 1987 c 53 s 1 are each amended to read as follows:

       A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Candidates shall run for specific commissioner positions.

       Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election in each odd-numbered year. ((Residence anywhere within the district shall qualify an elector for any position on the commission after the initial election.)) Elections shall be held in accordance with the provisions of Title 29 RCW dealing with general elections. ((All commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. At the first election following the formation of the district, the two candidates receiving the highest number of votes shall serve for terms of four years, and the three candidates receiving the next highest number of votes shall serve for two years. Thereafter all commissioners shall be elected for four year terms: PROVIDED, That if there would otherwise be two commissioners elected at the November 1987 general election, the candidate receiving the highest number of votes shall serve a four-year term, and the commissioner receiving the second highest number of votes shall serve a two-year term.))

       Sec. 46. RCW 36.69.100 and 1963 c 4 s 36.69.100 are each amended to read as follows:

       Vacancies on the board of park and recreation commissioners shall occur and shall be filled ((by a majority vote of the remaining commissioners)) as provided in chapter 42.12 RCW.

       Sec. 47. RCW 36.69.440 and 1979 ex.s. c 11 s 3 are each amended to read as follows:

       (1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW 36.69.040.

       (2) At the public hearing the legislative authority ((for each authority)) for each county shall fix the boundaries for that portion of the proposed park and recreation district that lies within the county as provided in RCW 36.69.050. Each county shall notify the other county or counties of the determination of the boundaries within ten days.

       (3) If the territories created by the county legislative authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the county containing the portion of the proposed joint district having the larger population shall determine the name of the proposed joint district.

       (4) ((If the proposed district encompasses portions of two counties, the county containing the portion of the district having the larger population shall divide the territory into three subdivisions and shall name three resident electors as prescribed by RCW 36.69.060. The county containing the territory having the smaller population shall divide that territory into two subdivisions and name two resident electors.

       (5) If the proposed district encompasses portions of more than two counties, the district shall be divided into five subdivisions and resident electors shall be named as follows:

       The number of subdivisions and resident electors to be established by each county shall reflect the proportion of population within each county portion of the proposed district in relation to the total population of the proposed district, provided that each county shall designate one subdivision and one resident elector.

       (6))) The proposition for the formation of the proposed joint park and recreation district shall be submitted to the voters of the district at the next general election, which election shall be conducted as required by RCW 36.69.070 and 36.69.080.

       Sec. 48. RCW 52.14.010 and 1985 c 330 s 2 are each amended to read as follows:

       The affairs of the district shall be managed by a board of fire commissioners composed of three ((resident electors of)) registered voters residing in the district except as provided in RCW 52.14.015 and 52.14.020. Each member shall each receive fifty dollars per day or portion thereof, not to exceed four thousand eight hundred dollars per year, for attendance at board meetings and for performance of other services in behalf of the district.

       In addition, they shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all ((firemen)) fire fighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.

       Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which ((said)) the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

       The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer ((firemen)) fire fighters without compensation. A commissioner actually serving as a volunteer ((fireman)) fire fighter may enjoy the rights and benefits of a volunteer ((fireman)) fire fighter. ((The first commissioners shall take office immediately when qualified in accordance with RCW 29.01.135 and shall serve until after the next general election for the selection of commissioners and until their successors have been elected and have qualified and have assumed office in accordance with RCW 29.04.170.))

       Sec. 49. RCW 52.14.013 and 1992 c 74 s 2 are each amended to read as follows:

       The board of fire commissioners of a fire protection district may adopt a resolution by unanimous vote causing a ballot proposition to be submitted to voters of the district authorizing the creation of commissioner districts. The board of fire commissioners shall create commissioner districts if the ballot proposition authorizing the creation of commissioner districts is approved by a simple majority vote of the voters of the fire protection district voting on the proposition. Three commissioner districts shall be created for a fire protection district with three commissioners, and five commissioner districts shall be created for a fire protection district with five commissioners. No two commissioners may reside in the same commissioner district.

       No change in the boundaries of any commissioner district shall be made within one hundred twenty days next before the date of a general district election, nor within twenty months after the commissioner districts have been established or altered. However, if a boundary change results in one commissioner district being represented by two or more commissioners, those commissioners having the shortest unexpired terms shall be assigned by the commission to commissioner districts where there is a vacancy, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for purposes of determining whether those positions are vacant.

       The population of each commissioner district shall include approximately equal population. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire fire protection district may vote at a general election to elect a person as a commissioner of the commissioner district.

       When a board of fire commissioners that has commissioner districts has been increased to five members under RCW 52.14.015, the board of fire commissioners shall divide the fire protection district into five commissioner districts before it appoints the two additional fire commissioners. The two additional fire commissioners who are appointed shall reside in separate commissioner districts in which no other fire commissioner resides.

       Sec. 50. RCW 52.14.015 and 1990 c 259 s 14 are each amended to read as follows:

       In the event a three member board of commissioners of any fire protection district determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:


       Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from three members to five members?


                                                                                                 Yes . . . . .

                                                                                                 No . . . . . .


       If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.

       If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five members. The two additional members shall be appointed in the same manner as provided in RCW 52.14.020.

       Sec. 51. RCW 52.14.030 and 1984 c 230 s 31 are each amended to read as follows:

       ((The polling places for district elections shall be those of the county voting precincts which include any of the territory within the fire protection districts. District elections)) The polling places for a fire protection district election may be located inside or outside the boundaries of the district ((and)), as determined by the auditor of the county in which the fire protection district is located, and the elections of the fire protection district shall not be held to be irregular or void on that account.

       Sec. 52. RCW 52.14.050 and 1989 c 63 s 21 are each amended to read as follows:

       ((In the event of a vacancy occurring in the office of fire commissioner, the vacancy shall, within sixty days, be filled by appointment of a resident elector of the district by a vote of the remaining fire commissioners. If the board of commissioners fails to fill the vacancy within the sixty-day period, the county legislative authority of the county in which all, or the largest portion, of the district is located shall make the appointment. If the number of vacancies is such that there is not a majority of the full number of commissioners in office as fixed by law, the county legislative authority of the county in which all, or the largest portion, of the district is located shall appoint someone to fill each vacancy, within thirty days of each vacancy, that is sufficient to create a majority as prescribed by law.

       An appointee shall serve ad interim until a successor has been elected and qualified at the next general election as provided in chapter 29.21 RCW. A person who is so elected shall take office immediately after he or she is qualified and shall serve for the remainder of the unexpired term.))

       Vacancies on a board of fire commissioners shall occur as provided in chapter 42.12 RCW. In addition, if a fire commissioner is absent from the district for three consecutive regularly scheduled meetings unless by permission of the board, the office shall be declared vacant by the board of commissioners ((and the vacancy shall be filled as provided for in this section)). However, such an action shall not be taken unless the commissioner is notified by mail after two consecutive unexcused absences that the position will be declared vacant if the commissioner is absent without being excused from the next regularly scheduled meeting. Vacancies ((additionally shall occur)) on a board of fire commissioners shall be filled as provided in chapter 42.12 RCW.

       Sec. 53. RCW 52.14.060 and 1989 c 63 s 22 are each amended to read as follows:

       The initial three members of the board of fire commissioners shall be elected at the same election as when the ballot proposition is submitted to the voters authorizing the creation of the fire protection district. If the district is not authorized to be created, the election of the initial fire commissioners shall be null and void. If the district is authorized to be created, the initial fire commissioners shall take office immediately when qualified. Candidates shall file for each of the three separate fire commissioner positions. Elections shall be held as provided in chapter 29.21 RCW, with the county auditor opening up a special filing period as provided in RCW ((29.21.360 and 29.21.370)) 29.15.170 and 29.15.180, as if there were a vacancy. The ((candidate for each position)) person who receives the greatest number of votes for each position shall be elected to that position. ((If the election is held in an odd-numbered year, the winning candidate receiving the highest number of votes shall hold office for a term of six years, the winning candidate receiving the next highest number of votes shall hold office for a term of four years, and the candidate receiving the next highest number of votes shall serve for a term of two years. If the election were held in an even-numbered year, the winning candidate receiving the greatest number of votes shall hold office for a term of five years, the winning candidate receiving the next highest number of votes shall hold office for a term of three years, and the winning candidate receiving the next highest number of votes shall hold office for a term of one year.)) The terms of office of the initial fire commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when elected and qualified and their terms of office ((of the initially elected fire commissioners)) shall be calculated from the first day of January in the year following their election.

       The term of office of each subsequent commissioner shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       Sec. 54. RCW 53.12.140 and 1959 c 17 s 9 are each amended to read as follows:

       A vacancy in the office of port commissioner shall occur ((by death, resignation, removal, conviction of a felony,)) as provided in chapter 42.12 RCW or by nonattendance at meetings of the port commission for a period of sixty days unless excused by the port commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty)). A vacancy on a port commission shall be filled as provided in chapter 42.12 RCW.

       Sec. 55. RCW 53.12.172 and 1992 c 146 s 2 are each reenacted to read as follows:

       In every port district the term of office of each port commissioner shall be four years in each port district that is county-wide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170. The initial port commissioners shall be elected at the same election as when the ballot proposition is submitted to voters authorizing the creation of the port district. If the port district is created the persons elected at this election shall serve as the initial port commission. No primary shall be held. The person receiving the greatest number of votes for commissioner from each commissioner district shall be elected as the commissioner of that district.

       The terms of office of the initial port commissioners shall be staggered as follows in a port district that is county-wide with a population of one hundred thousand or more: (1) The two persons who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (2) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170. The terms of office of the initial port commissioners in all other port districts shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or to a five-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or to a three-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       The initial port commissioners shall take office immediately after being elected and qualified, but the length of their terms shall be calculated from the first day in January in the year following their elections.

       Sec. 56. RCW 54.08.060 and 1979 ex.s. c 126 s 36 are each amended to read as follows:

       Whenever a proposition for the formation of a public utility district is to be submitted to voters in any county, the county legislative authority may by resolution call a special election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the earliest practicable time. If the boundaries of the proposed district embrace an area less than the entire county, such election shall be confined to the area so included. The notice of such election shall state the boundaries of the proposed district and the object of such election; in other respects, such election shall be held and called in the same manner as provided by law for the holding and calling of general elections: PROVIDED, That notice thereof shall be given for not less than ten days nor more than thirty days prior to such special election. In submitting the ((said)) proposition to the voters for their approval or rejection, such proposition shall be expressed on the ballots in substantially the following terms:


       Public Utility District No. __. YES

       Public Utility District No. __. NO


       At the same special election on the proposition to form a public utility district, there shall also be an election for three public utility district commissioners((: PROVIDED, That)). However, the election of such commissioners shall be null and void if the proposition to form the public utility district does not receive approval by a majority of the voters voting on the proposition. ((Nomination for and election of public utility district commissioners shall conform with the provisions of RCW 54.12.010 as now or hereafter amended, except for the day of such election and the term of office of the original commissioners.)) No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. Commissioner districts shall be established as provided in RCW 54.12.010. The terms of the initial commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of office if the election is held in an odd-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year. The commissioners first to be elected at such special election shall ((hold office from the first day of the month following the commissioners' election for the terms as specified in this section which terms shall be computed from the first day in January next following the election. If such special election was held in an even-numbered year, the commissioners residing in commissioner district number one shall hold office for the term of six years, the commissioner residing in commissioner district number two shall hold office for the term of four years, and the commissioner residing in commissioner district number three shall hold office for the term of two years. If such special election was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner residing in commissioner district number two shall hold office for the term of three years, and the commissioner residing in commissioner district number three shall hold office for the term of one year)) assume office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day in January in the year following their elections.

       The term "general election" as used herein means biennial general elections at which state and county officers in a noncharter county are elected.

       Sec. 57. RCW 54.12.010 and 1990 c 59 s 109 are each amended to read as follows:

       ((Within ten days after such election, the county canvassing board shall canvass the returns, and if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the canvassing board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become)) A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.

       The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.

       When the public utility district is ((coextensive with the limits of such county)) county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county ((commissioner)) legislative authority districts ((of the county in which the public utility district is located if the county is not operating under a "Home Rule" charter)). When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is ((located in a county operating under a "Home Rule" charter)) county-wide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, ((having)) each with approximately equal population and ((boundaries,)) following ((ward and)) precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when ((they)) it changes the boundaries of the proposed public utility district, and one commissioner shall be elected ((from each of said)) as a commissioner of each of the public utility district commissioner districts. ((In all five commissioner districts an additional commissioner at large shall be chosen from each of the two at large districts. No person shall be eligible to be elected to the office of public utility district commissioner for a particular district commissioner district unless he is a registered voter of the public utility district commissioner district or at large district from which he is elected.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.

       ((Except as otherwise provided,)) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. ((One commissioner at large and one commissioner from a commissioner district shall be elected at each general election held in an even-numbered year for the term of four years and six years respectively. All candidates shall be voted upon by the entire public utility district.

       When a public utility district is formed, three public utility district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such public utility district shall be formed. If the general election adopting the proposition to create the public utility district was held in an even-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of six years; the commissioner residing in commissioner district number two shall hold office for the term of four years; and the commissioner residing in commissioner district number three shall hold office for the term of two years. If the general election adopting the proposition to create the public utility district was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner in district two shall hold office for the term of three years, and the commissioner in district three shall hold office for the term of one year. The commissioners first to be elected as above provided shall hold office from the first day of the month following the commissioners' election and their respective terms of office shall be computed from the first day of January next following the election.))

       All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170. ((A filing for nomination for public utility district commissioner shall be accompanied by a petition signed by one hundred registered voters of the public utility district which shall be certified by the county auditor to contain the required number of registered voters, and shall otherwise be filed in accord with the requirements of Title 29 RCW. At the time of filing such nominating petition, the person so nominated shall execute and file a declaration of candidacy subject to the provisions of Title 29 RCW, as now or hereafter amended. The petition and each page of the petition shall state whether the nomination is for a commissioner from a particular commissioner district or for a commissioner at large and shall state the districts; otherwise it shall be void.))

       A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of a felony,)) nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in said office, such vacancy shall be filled at the next general election held in an even-numbered year, the vacancy in the interim to be filled by appointment by the remaining commissioners. If more than one vacancy exists at the same time in a three commissioner district, or more than two in a five commissioner district, a special election shall be called by the county canvassing board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty days after the occurring of such vacancies.

       A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any resolution, but no business shall be transacted, except in usual and ordinary course, unless there are in office at least a majority of the full number of commissioners fixed by law)). Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.

       The boundaries of the public utility district ((commissioners')) commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29.70 RCW, but ((said)) the boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility ((commissioners')) commissioner districts shall be changed to include such additional territory. The proposed change of the boundaries of the public utility district ((commissioners')) commissioner district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of ((said)) the petition shall be governed by the provisions of chapter 54.08 RCW.

       Sec. 58. RCW 54.40.010 and 1977 ex.s. c 36 s 1 are each amended to read as follows:

       A five commissioner public utility district is a district ((which shall have)) that either: (1) Has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred and fifty million dollars, including interest during construction((, and which shall have received the approval of the)) and voters of the district approved a ballot proposition authorizing the district to become a five commissioner district as provided ((herein)) under RCW 54.40.040; or (2) has a population of five hundred thousand or more. Once a public utility district is a five commissioner district, it shall remain a five commissioner district. All other public utility districts shall be known as three commissioner districts.

       Sec. 59. RCW 54.40.040 and 1977 ex.s. c 36 s 4 are each amended to read as follows:

       A public utility district that has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred fifty million dollars, including interest during construction, shall be classified as a five commissioner district ((only by approval of the qualified)) if voters of the district((. Such approval shall be by an election upon petition as hereinafter provided)) approve a ballot proposition authorizing the change. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballot in substantially the following terms:

 

                              Shall Public Utility District No. . . . . be reclassified a Five Commissioner District for the purpose of increasing the number of commissioners to five. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .YES □

NO □


Should a majority of the voters voting on the question approve the proposition, the district shall be declared a five commissioner district upon the ((completion of the canvass)) certification of the election returns.

       Sec. 60. RCW 54.40.050 and 1977 ex.s. c 36 s 5 are each amended to read as follows:

       The question of reclassification of a public utility district that has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred fifty million dollars, including interest during construction, as a five commissioner public utility district shall be submitted to the voters ((only upon filing)) if a petition proposing the change is filed with the county auditor of the county in which ((said)) the district is located, identifying the district by number and praying that an election be held to determine whether it shall become a five commissioner district. The petition must be signed by a number of ((qualified)) registered voters of the district equal to at least ten percent of the number of registered voters in the district who voted at the last general election((. In addition to the signature of the voter, the petition must indicate)) and include each signer's residence address ((and further indicate whether he is registered in a precinct in an unincorporated area or a precinct in an incorporated area and if the latter, give the name of the city or town wherein he is registered. Said)).

       The petition shall be ((presented to)) filed with the county auditor for verification of the validity of the signatures. Within thirty days after receipt of the petition, the county auditor((, in conjunction with the city clerks of the incorporated areas in which any signer is registered,)) shall determine the sufficiency of the petition. If the petition is found insufficient, the person who filed the same shall be notified by mail and he shall have an additional fifteen days from the date of mailing such notice within which to submit additional signatures, and the county auditor shall have an additional thirty days after the submission of such additional signatures to determine the validity of the entire petition. No signature may be withdrawn after the petition has been filed.

       If the petition, including these additional signatures if any, is found sufficient, the county auditor shall certify ((such fact)) its sufficiency to the public utility district and if the commissioners of the public utility district ((have theretofore)) had certified to the county auditor the eligibility of the district for reclassification as provided in this chapter, the county auditor shall submit to the voters of the district the question of whether the district shall become a five commissioner district. ((Such)) The election shall be held ((on a date fixed by the county auditor which date shall be held at the next general election after the date on which he certified the sufficiency of the petition. Notice of any election on the question shall be given in the manner prescribed for notice of an election on the formation of a public utility district)) at the next state general election occurring sixty or more days after the petition was certified as having sufficient valid signatures.

       Sec. 61. RCW 54.40.060 and 1977 ex.s. c 36 s 6 are each amended to read as follows:

       If the reclassification to a five commissioner district is approved by the voters, the public utility district commission within ((ten)) sixty days after the results of said election are certified shall divide the public utility district into two districts of as nearly equal population ((and area)) as possible, and shall designate ((such)) the districts as ((At Large)) District A and ((At Large)) District B.

       The commission of a public utility district that has annual gross revenues in the previous calendar year in excess of two hundred million dollars shall divide the public utility district into two commissioner districts of as nearly equal population as possible and designate the districts as District A and District B within sixty days after the later of either: (1) The effective date of this section; or (2) the first day in January in the year after the district initially had a population of five hundred thousand or more.

       Sec. 62. RCW 54.40.070 and 1977 ex.s. c 36 s 7 are each amended to read as follows:

       Within thirty days after the public utility district commission ((shall)) divides the district into ((two at large districts)) District A and District B, the county legislative authority shall call a special election, to be held at the next ((scheduled)) special election ((called pursuant to)) date provided for under RCW 29.13.010((, or not more than ninety days after such)) that occurs sixty or more days after the call, at which time the initial commissioners ((to such at large districts)) for District A and District B shall be elected((,)). No primary shall be held and a special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected.

       The person who is elected receiving the ((largest)) greatest number of votes ((to serve for four years)) shall be elected to a four-year term of office, and the other person ((receiving the next largest number of votes to serve an initial term of two years)) who is elected shall be elected to a two-year term of office, if the election is held in an even-numbered year, or the person who is elected receiving the greatest number of votes shall be elected to a three-year term of office, and the other person who is elected shall be elected to a one-year term of office, if the election is held in an odd-numbered year. The length of these terms of office shall be calculated from the first day in January in the year following their elections.

       The newly elected commissioners shall assume office immediately after being elected and qualified and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Each successor shall be elected to a four-year term of office.

       Sec. 63. RCW 56.12.015 and 1991 c 190 s 2 are each amended to read as follows:

       If a three-member board of commissioners of any sewer district with ((any number of)) ten thousand or fewer customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or if the board of a sewer district with ((any number of)) ten thousand or fewer customers is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for an increase in the number of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be held. Upon receipt of the resolution, the county auditor shall call a special election to be held within the sewer district in accordance with RCW 29.13.010 and 29.13.020, at which election a proposition in substantially the following language shall be submitted to the voters:

 

Shall the Board of Commissioners of    (Name and/or No. of sewer district)    be increased from three to five members?

Yes . . . .

No . . . .


If the proposition receives a majority approval at the election the board of commissioners of the sewer district shall be increased to five members. ((In any sewer district with more than ten thousand customers, if a three-member board of commissioners determines by resolution and approves by unanimous vote of the board that it would be in the best interest of the district to)) When the customers of any sewer district exceed ten thousand in number, the three-member board of commissioners of that sewer district shall by resolution increase the number of commissioners from three to five((,)). The number of commissioners shall be so increased((,)) without an election, unless within ninety days of adoption of that resolution, a petition requesting an election and signed by at least ten percent of the registered voters who voted in the last general municipal election is filed with the board. If such a petition is received, the board shall submit the resolution and the petition to the county auditor, who shall call a special election in the manner described in this section and in accordance with the provisions of RCW 29.13.010 and 29.13.020.

       The two positions created on boards of sewer commissioners by this section shall be filled initially either as for a vacancy or by nomination under RCW 56.12.030, except that the appointees or newly elected commissioners shall draw lots, one appointee to serve until the next general sewer district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general sewer district election after the appointment, at which two commissioners shall be elected for six-year terms.

       Sec. 64. RCW 56.12.020 and 1979 ex.s. c 126 s 38 are each amended to read as follows:

       At the election held to form or reorganize a sewer district, ((there shall be elected three commissioners who shall assume office immediately when qualified in accordance with RCW 29.01.135 to hold office for terms of two, four, and six years respectively, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

       The term of each nominee shall be expressed on the ballot and shall be computed from the first day of January next following if the initial election of the sewer district commissioners was in a general district election as provided in RCW 29.13.020, or from the first day of January following the first general election for sewer districts after its creation if the initial election was on a date other than a general district election. Thereafter, every two years there shall be elected a commissioner for a term of six years and until his or her successor is elected and qualified, at the general election held in the odd-numbered years, as provided in RCW 29.13.020, and conducted by the county auditor and the returns shall be canvassed by the county canvassing board of election returns: PROVIDED, That each such commissioner shall assume office in accordance with RCW 29.04.170)) three sewer district commissioners shall be elected. The election of sewer district commissioners shall be null and void if the ballot proposition to form or reorganize the sewer district is not approved. Candidates shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.

       The newly elected sewer district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new sewer district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January in the year following the election.

       Thereafter commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

       Sec. 65. RCW 56.12.030 and 1990 c 259 s 24 are each amended to read as follows:

       (((1) Nominations for the first board of commissioners to be elected at the election for the formation of the sewer district shall be by petition of fifty registered voters or ten percent of the registered voters of the district who voted in the last general municipal election, whichever is the smaller. The petition shall be filed in the auditor's office of the county in which the district is located at least forty-five days before the election. Thereafter candidates for the office of sewer commissioner shall file declarations of candidacy and their election shall be conducted as provided by the general elections laws. A vacancy or vacancies shall be filled by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority. Any person residing in the district who is at the time of election a registered voter may vote at any election held in the sewer district.

       (2) Subsection (1) of this section notwithstanding,)) The board of commissioners of any sewer district may ((provide by majority vote that subsequent commissioners be elected from commissioner districts)) adopt a resolution providing that each subsequent commissioner be elected as a commissioner of a commissioner district within the district. If the board exercises this option, it shall divide the district into ((three)) a number of commissioner districts ((of)) equal in number to the number of commissioners on the board, each with approximately equal population following current precinct and district boundaries as far as practicable. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the registered voters of the commissioner district.

       (3) All expense of elections for the formation or reorganization of a sewer district shall be paid by the county in which the election is held and the expenditure is hereby declared to be for a county purpose, and the money paid for that purpose shall be repaid to the county by the district if formed or reorganized.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire sewer district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.

       NEW SECTION. Sec. 66. A new section is added to chapter 56.12 RCW to read as follows:

       Sewer district elections shall conform with general election laws.

       Vacancies on a board of sewer commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.

       Sec. 67. RCW 57.02.050 and 1982 1st ex.s. c 17 s 5 are each amended to read as follows:

       Whenever the boundaries or proposed boundaries of a water district include or are proposed to include by means of formation, annexation, consolidation, or merger (including merger with a sewer district) territory in more than one county, all duties delegated by Title 57 RCW to officers of the county in which the district is located shall be delegated to the officers of the county in which the largest land area of the district is located, except that elections shall be conducted pursuant to ((RCW 57.02.060, as now existing or hereafter amended)) general election law, actions subject to review and approval under RCW 57.02.040 and 56.02.070 shall be reviewed and approved only by the officers or boards in the county in which such actions are proposed to occur, verification of electors' signatures shall be conducted by the county election officer of the county in which such signators reside, and comprehensive plan review and approval or rejection by the respective county legislative authorities under RCW 57.16.010 shall be limited to that part of such plans within the respective counties.

       Sec. 68. RCW 57.12.015 and 1991 c 190 s 6 are each amended to read as follows:

       In the event a three-member board of commissioners of any water district with ((any number of)) ten thousand or fewer customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or in the event the board of a district with ((any number of)) ten thousand or fewer customers is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for an increase in the number of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be held. Upon receipt of the resolution, the county auditor shall call a special election to be held within the water district in accordance with RCW 29.13.010 and 29.13.020, at which election a proposition in substantially the following language shall be submitted to the voters:

 

Shall the Board of Commissioners of    (Name and/or No. of water district)    be increased from three to five members?

Yes . . . . .

No  . . . . .


If the proposition receives a majority approval at the election the board of commissioners of the water district shall be increased to five members. ((In any water district with more than ten thousand customers, if a three-member board of commissioners determines by resolution and approves by unanimous vote of the board that it would be in the best interest of the district to increase the number of commissioners from three to five,))

       When the customers of any water district exceed ten thousand in number, the three-member board of commissioners of that water district shall by resolution increase the number of commissioners from three to five. The number of commissioners shall be so increased((,)) without an election, unless within ninety days of adoption of that resolution a petition requesting an election and signed by at least ten percent of the registered voters who voted in the last general municipal election is filed with the board. If such a petition is received, the board shall submit the resolution and the petition to the county auditor, who shall call a special election in the manner described in this section and in accordance with the provisions of RCW 29.13.010 and 29.13.020.

       The two positions created on boards of water commissioners by this section shall be filled initially either as for a vacancy or by nomination under RCW 57.12.039, except that the appointees or newly elected commissioners shall draw lots, one appointee to serve until the next general water district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general water district election after the appointment, at which two commissioners shall be elected for six-year terms.

       Sec. 69. RCW 57.12.020 and 1990 c 259 s 30 are each amended to read as follows:

       ((Nominations for the first board of commissioners to be elected at the election for the formation of the water district shall be by petition of at least ten percent of the registered voters of the district who voted in the last general municipal election, filed in the auditor's office of the county in which the district is located, at least forty-five days prior to the election. Thereafter, candidates for the office of water commissioners shall file declarations of candidacy and their election shall be conducted as provided by the general election laws.))

       A vacancy ((or vacancies)) on the board shall occur and shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority.

       Any person residing in the district who is a registered voter under the laws of the state may vote at any district election)) as provided in chapter 42.12 RCW.

       Sec. 70. RCW 57.12.030 and 1982 1st ex.s. c 17 s 14 are each amended to read as follows:

       ((The general laws of the state of Washington governing the registration of voters for a general or a special city election shall govern the registration of voters for elections held under this chapter. The manner of holding any general or special election for said)) Water district elections shall be held in accordance with the general election laws of this state. ((All elections in a water district shall be conducted under RCW 57.02.060. All expenses of elections for a water district shall be paid for out of the funds of the water district: PROVIDED, That if the voters fail to approve the formation of a water district, the expenses of the formation election shall be paid by each county in which the proposed district is located, in proportion to the number of registered voters in the proposed district residing in each county.))

       Except as in this section otherwise provided, the term of office of each water district commissioner shall be six years, such term to be computed from the first day of January following the election, and ((one commissioner shall be elected at each biennial general election, as provided in RCW 29.13.020, for the term of six years and until his or her successor is)) commissioners shall serve until their successors are elected and qualified and assume((s)) office in accordance with RCW 29.04.170. ((All candidates shall be voted upon by the entire water district.))

       Three water district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such water district shall be formed. ((The commissioner elected in commissioner position number one shall hold office for the term of six years; the commissioner elected in commissioner position number two shall hold office for the term of four years; and the commissioner elected in commissioner position number three shall hold office for the term of two years: PROVIDED, That the members of the first commission shall take office immediately upon their election and qualification. The terms of all commissioners first to be elected shall also include the time intervening between the date that the results of their election are declared in the canvass of returns thereof and the first day of January following the next general district election as provided in RCW 29.13.020.)) The election of water district commissioners shall be null and void if the ballot proposition to form the water district is not approved. Each candidate shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.

       The newly elected water district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new water district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January after the election.

       Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

       Sec. 71. RCW 57.12.039 and 1986 c 41 s 2 are each amended to read as follows:

       (1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the district. If the board exercises this option, it shall divide the district into three, or five if the number of commissioners has been increased under RCW 57.12.015, commissioner districts of approximately equal population following current precinct and district boundaries. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the electors of the commissioner district.))

       (2) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire water district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.

       (3) In water districts in which commissioners are nominated from commissioner districts, at the inception of a five-member board of commissioners, the new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected at large at the general election. The persons elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.

       Sec. 72. RCW 57.32.022 and 1982 1st ex.s. c 17 s 31 are each amended to read as follows:

       The respective boards of water commissioners of the consolidating districts shall certify the agreement to the county election officer of each county in which the districts are located. A special election shall be called by the county election officer ((under RCW 57.02.060)) for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one water district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be given and the election conducted in accordance with the general election laws.

       Sec. 73. RCW 57.32.023 and 1982 1st ex.s. c 17 s 32 are each amended to read as follows:

       If at the election a majority of the voters in each of the consolidating districts vote in favor of the consolidation, the county canvassing board shall so declare in its canvass ((under RCW 57.02.060)) and the return of such election shall be made within ten days after the date thereof. Upon the return the consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new water district and municipal corporation of the state of Washington. The name of such new water district shall be "Water District No. .....", which shall be the name appearing on the ballot. The district shall have all and every power, right, and privilege possessed by other water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the comprehensive plan of water supply contained in the agreement for consolidation and any future additions and betterments to the comprehensive plan of water supply, as its board of water commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.

       NEW SECTION. Sec. 74. A new section is added to chapter 68.52 RCW to read as follows:

       Cemetery district elections shall conform with general election laws.

       A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.

       Sec. 75. RCW 68.52.100 and 1947 c 6 s 2 are each amended to read as follows:

       For the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges and legal subdivisions, signed by not less than fifteen percent of the ((qualified)) registered ((electors, who are property owners or are purchasing property under contract and who are resident)) voters who reside within the boundaries of the proposed district, setting forth the object of the formation of such district and stating that the establishment thereof will be conducive to the public welfare and convenience, shall be filed with the county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice hereinafter provided for. The county auditor shall, within thirty days from the date of filing of such petition, examine the signatures and certify to the sufficiency or insufficiency thereof ((and for such purpose shall have access to registration books and records in possession of the registration officers of the election precincts included in whole or in part within the boundaries of the proposed district and to the tax rolls and other records in the offices of the county assessor and county treasurer. No person having)). The name of any person who signed a petition shall not be ((allowed to withdraw his name therefrom)) withdrawn from the petition after it has been filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures ((of qualified persons)), the county auditor shall transmit it, with ((his)) a certificate of sufficiency attached, to the ((board of)) county ((commissioners)) legislative authority, which shall thereupon, by resolution entered upon its minutes, receive the same and fix a day and hour when it will publicly hear ((said)) the petition.

       Sec. 76. RCW 68.52.140 and 1982 c 60 s 2 are each amended to read as follows:

       The ((board of)) county ((commissioners)) legislative authority shall have full authority to hear and determine the petition, and if it finds that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare, otherwise it shall deny the petition. If the ((board)) county legislative authority finds in favor of the formation of the district, it shall designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this chapter, and for the purpose of electing its first cemetery district commissioners. ((The board shall, prior to calling the said election, name three registered resident electors who are property owners or are purchasing property under contract within the boundaries of the district as candidates for election as cemetery district commissioners. These electors are exempt from the requirements of chapter 42.17 RCW.)) At the same election three cemetery district commissioners shall be elected, but the election of the commissioners shall be null and void if the district is not created. No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. Candidates shall run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position shall be elected to that commissioner position. The terms of office of the initial commissioners shall be as provided in RCW 68.52.220.

       Sec. 77. RCW 68.52.160 and 1947 c 6 s 8 are each amended to read as follows:

       The ballot for ((said)) the election shall be in such form as may be convenient but shall present the propositions substantially as follows:


".....(insert county name)..... cemetery district No. .....(insert number)......

.....Yes......

.....(insert county name)..... cemetery district No. .....(insert number)......

.....No......"


((and shall specify the names of the candidates nominated for election as the first cemetery district commissioners with appropriate space to vote for the same.))

       Sec. 78. RCW 68.52.220 and 1990 c 259 s 33 are each amended to read as follows:

       The affairs of the district shall be managed by a board of cemetery district commissioners composed of three ((qualified registered voters of the district)) members. Members of the board shall receive no compensation for their services, but shall receive expenses necessarily incurred in attending meetings of the board or when otherwise engaged in district business. The board shall fix the compensation to be paid the secretary and other employees of the district. ((The first three cemetery district commissioners shall serve only until the first day in January following the next general election, provided such election occurs thirty or more days after the formation of the district, and until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. At the next general district election, as provided in RCW 29.13.020, provided it occurs thirty or more days after the formation of the district, three members of the board of cemetery commissioners shall be chosen. They and all subsequently elected cemetery commissioners shall have the same qualifications as required of the first three cemetery commissioners and)) Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW. ((The candidate receiving the highest number of votes shall serve for a term of six years beginning on the first day in January following; the candidate receiving the next higher number of votes shall serve for a term of four years from the date; and the candidate receiving the next higher number of votes shall serve for a term of two years from the date. Upon the expiration of their respective terms, all cemetery commissioners shall be elected for terms of six years to begin on the first day in January next succeeding the day of election and shall serve until their successors have been elected and qualified and assume office in accordance with RCW 29.04.170. Elections shall be called, noticed, conducted and canvassed and in the same manner and by the same officials as provided for general county elections.))

       The initial cemetery district commissioners shall assume office immediately upon their election and qualification. Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall assume office immediately after they are elected and qualified but their terms of office shall be calculated from the first day of January after the election.

       Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided in RCW 29.04.170.

       The polling places for a cemetery district election ((shall be those of the county voting precincts which include any of the territory within the cemetery district, and)) may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the cemetery district is located, and no such election shall be held irregular or void on that account.

       Sec. 79. RCW 70.44.040 and 1990 c 259 s 39 are each amended to read as follows:

       (1) The provisions of Title 29 RCW relating to elections shall govern public hospital districts, except ((that: (1))) as provided in this chapter.

       A public hospital district shall be created when the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters of the proposed district voting on the proposition and the total vote cast upon the proposition ((to form a hospital district shall)) exceeds forty percent of the total number of votes cast in the ((precincts comprising the)) proposed district at the preceding state general ((and county)) election((; and (2) hospital district commissioners shall hold office for the term of six years and until their successors are elected and qualified, each term to commence on the first day in January following the election)).

       At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected ((to hold office, respectively, for the terms of two, four, and six years. All candidates shall be voted upon by the entire district, and the candidate residing in commissioner district No. 1 receiving the highest number of votes in the hospital district shall hold office for the term of six years; the candidate residing in commissioner district No. 2 receiving the highest number of votes in the hospital district shall hold office for the term of four years; and the candidate residing in commissioner district No. 3 receiving the highest number of votes in the hospital district shall hold office for the term of two years. The first commissioners to be elected shall take office immediately when qualified in accordance with RCW 29.01.135. Each term of the initial commissioners shall date from the time above specified following the organizational election, but shall also include the period intervening between the organizational election and the first day of January following the next district general election: PROVIDED, That in public hospital districts encompassing portions of more than one county, the total vote cast upon the proposition to form the district shall exceed forty percent of the total number of votes cast in each portion of each county lying within the proposed district at the next preceding general county election. The portion of the proposed district located within each county shall constitute a separate commissioner district. There shall be three district commissioners whose terms shall be six years. Each district shall be designated by the name of the county in which it is located. All candidates for commissioners shall be voted upon by the entire district. Not more than one commissioner shall reside in any one district: PROVIDED FURTHER, That in the event there are only two districts then two commissioners may reside in one district. The term of each commissioner shall commence on the first day in January in each year following his election. At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected to hold office, respectively, for the terms of two, four, and six years. The candidate receiving the highest number of votes within the district, as constituted by the election, shall serve a term of six years; the candidate receiving the next highest number of votes shall hold office for a term of four years; and the candidate receiving the next highest number of votes shall hold office for a term of two years: PROVIDED FURTHER, That the holding of each such term of office shall be subject to the residential requirements for district commissioners hereinbefore set forth in this section)). The election of the initial commissioners shall be null and void if the district is not authorized to be created.

       No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. The terms of office of the initial public hospital district commissioners shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election. The term of office of each successor shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       (2) Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public hospital district may vote at a general election to elect a person as a commissioner of the commissioner district.

       If the proposed public hospital district is county-wide, and the county has three county legislative authority districts, the county legislative authority districts shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county in which all or the largest portion of the proposed public hospital district is located shall draw the initial three public hospital district commissioner districts, each of which shall constitute as nearly as possible one-third of the total population of the proposed public hospital district and number the districts one, two, and three. Each of the three commissioner positions shall be numbered one through three and associated with the district of the same number.

       The public hospital district commissioners may redraw commissioner districts, if the public hospital district has boundaries that are not coterminous with the boundaries of a county with three county legislative authority districts, so that each district comprises as nearly as possible one-third of the total population of the public hospital district. The commissioners of a public hospital district that is not coterminous with the boundaries of a county that has three county legislative authority districts shall redraw hospital district commissioner boundaries as provided in chapter 29.70 RCW.

       Sec. 80. RCW 70.44.045 and 1982 c 84 s 13 are each amended to read as follows:

       A vacancy in the office of commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of felony,)) nonattendance at meetings of the commission for sixty days, unless excused by the commission((, by any statutory disqualification, by any permanent disability preventing the proper discharge of his duty, or by creation of positions pursuant to RCW 70.44.051, et seq)). A vacancy ((or vacancies on the board)) shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners as provided by RCW 70.44.040: PROVIDED, That if there is only one remaining commissioner, one vacancy shall be filled by appointment by the remaining commissioner and the remaining vacancy or vacancies shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners: PROVIDED FURTHER, That if there is a vacancy of the entire board, a new board may be appointed by the board of county commissioners or county council)) as provided in chapter 42.12 RCW.

       Sec. 81. RCW 70.44.053 and 1967 c 77 s 2 are each amended to read as follows:

       At any general or special election which may be called for that purpose the board of public hospital district commissioners may, or on petition of ten percent of the ((electors)) voters based on the total vote cast in the last district general election in the public hospital district shall, by resolution, submit to the voters of the district the proposition increasing the number of commissioners to ((any number authorized in RCW 70.44.051)) either five or seven members. The petition or resolution shall specify whether it is proposed to increase the number of commissioners to either five or seven members.

       If the voters of the district approve the ballot proposition authorizing the increase in the number of commissioners to either five or seven members, the board of commissioners shall redistrict the public hospital district into the appropriate number of commissioner districts. The additional commissioners shall be elected from commissioner districts in which no existing commissioner resides at the next state general election occurring one hundred twenty days or more after the date of the election at which the voters of the district approved the ballot proposition authorizing the increase in the number of commissioners. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the candidate receiving the greatest number of votes for each position shall be elected. Except for the initial terms of office, persons elected to each of these additional commissioner positions shall be elected to a six-year term.

       Where the number of commissioners is increased from three to five, the initial terms of the two new commissioners shall be staggered so that the person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term if the election is held in an even-numbered year, and the other person elected shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term if the election is held in an even-numbered year. The newly elected commissioners shall assume office as provided in RCW 29.04.170.

       Where the number of commissioners is increased from three or five to seven, the county auditor of the county in which all or the largest portion of the hospital district is located shall cause the initial terms of office of the additional commissioners to be staggered over the next three district general elections so that two commissioners would normally be elected at the first district general election following the election where the additional commissioners are elected, two commissioners are normally elected at the second district general election after the election of the additional commissioners, and three commissioners are normally elected at the third district general election following the election of the additional commissioners. The newly elected commissioners shall assume office as provided in RCW 29.04.170.

       NEW SECTION. Sec. 82. The following acts or parts of acts are each repealed:

       (1) RCW 35.23.070 and 1965 c 7 s 35.23.070;

       (2) RCW 35.24.070 and 1965 c 7 s 35.24.070;

       (3) RCW 35.27.110 and 1965 c 7 s 35.27.110;

       (4) RCW 35.61.060 and 1985 c 416 s 2 & 1965 c 7 s 35.61.069;

       (5) RCW 35.61.070 and 1965 c 7 s 35.61.070;

       (6) RCW 35.61.080 and 1965 c 7 s 35.61.080;

       (7) RCW 35A.02.001 and 1989 c 84 s 35;

       (8) RCW 35A.02.100 and 1967 ex.s. c 119 s 35A.02.100;

       (9) RCW 35A.02.110 and 1979 ex.s. c 18 s 9 & 1967 ex.s. c 119 s 35A.02.110;

       (10) RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060;

       (11) RCW 35A.15.030 and 1967 ex.s. c 119 s 35A.15.030;

       (12) RCW 35A.16.020 and 1967 ex.s. c 119 s 35A.16.020;

       (13) RCW 35A.29.010 and 1967 ex.s. c 119 s 35A.29.010;

       (14) RCW 35A.29.020 and 1967 ex.s. c 119 s 35A.29.020;

       (15) RCW 35A.29.030 and 1967 ex.s. c 119 s 35A.29.030;

       (16) RCW 35A.29.040 and 1967 ex.s. c 119 s 35A.29.040;

       (17) RCW 35A.29.050 and 1967 ex.s. c 119 s 35A.29.050;

       (18) RCW 35A.29.060 and 1967 ex.s. c 119 s 35A.29.060;

       (19) RCW 35A.29.070 and 1967 ex.s. c 119 s 35A.29.070;

       (20) RCW 35A.29.080 and 1967 ex.s. c 119 s 35A.29.080;

       (21) RCW 35A.29.090 and 1986 c 234 s 32 & 1985 c 281 s 27;

       (22) RCW 35A.29.100 and 1967 ex.s. c 119 s 35A.29.100;

       (23) RCW 35A.29.105 and 1990 c 59 s 106 & 1967 ex.s. c 119 s 35A.29.105;

       (24) RCW 35A.29.110 and 1990 c 59 s 107, 1986 c 167 s 21, 1979 ex.s. c 18 s 30, 1970 ex.s. c 52 s 4, & 1967 ex.s. c 119 s 35A.29.110;

       (25) RCW 35A.29.140 and 1967 ex.s. c 119 s 35A.29.140;

       (26) RCW 35A.29.150 and 1970 ex.s. c 52 s 5 & 1967 ex.s. c 119 s 35A.29.150;

       (27) RCW 36.54.080 and 1973 1st ex.s. c 195 s 36 & 1963 c 4 s 36.54.080;

       (28) RCW 36.54.090 and 1963 c 4 s 36.54.090;

       (29) RCW 36.54.100 and 1963 c 4 s 36.54.100;

       (30) RCW 36.69.060 and 1963 c 4 s 36.69.060;

       (31) RCW 44.70.010 and 1987 c 298 s 7;

       (32) RCW 53.12.047 and 1992 c 146 s 6;

       (33) RCW 53.12.150 and 1990 c 40 s 1, 1985 c 87 s 1, 1983 c 11 s 1, 1959 c 175 s 8, & 1959 c 17 s 8;

       (34) RCW 57.02.060 and 1982 1st ex.s. c 17 s 6;

       (35) RCW 68.52.240 and 1947 c 6 s 16;

       (36) RCW 70.44.051 and 1967 c 77 s 1;

       (37) RCW 70.44.055 and 1967 c 77 s 3; and

       (38) RCW 70.44.057 and 1967 c 77 s 4.

       Sec. 83. 1992 c 146 s 14 (uncodified) is amended to read as follows:

       The following acts or parts of acts are each repealed:

       (1) RCW 53.12.020 and 1991 c 363 s 129, 1986 c 262 s 2, 1965 c 51 s 2, 1959 c 175 s 1, & 1959 c 17 s 4;

       (2) RCW 53.12.035 and 1991 c 363 s 130, 1990 c 59 s 108, 1965 c 51 s 3, & 1959 c 175 s 9;

       (3) RCW 53.12.050 and 1959 c 17 s 5;

       (4) RCW 53.12.057 and 1965 c 51 s 6;

       (5) RCW 53.12.060 and 1990 c 259 s 19, 1959 c 175 s 6, 1927 c 204 s 1, & 1913 c 62 s 3;

       (6) ((RCW 53.12.172 and 1979 ex.s. c 126 s 34 & 1951 c 68 s 2;

       (7))) RCW 53.12.180 and 1935 c 133 s 8;

       (((8))) (7) RCW 53.12.190 and 1935 c 133 s 10;

       (((9))) (8) RCW 53.12.200 and 1935 c 133 s 9;

       (((10))) (9) RCW 53.12.220 and 1979 ex.s. c 126 s 35, 1941 c 45 s 2, & 1925 ex.s. c 113 s 2; and

       (((11))) (10) RCW 53.16.010 and 1969 ex.s. c 9 s 1 & 1957 c 69 s 2.

       NEW SECTION. Sec. 84. (1) Section 2 of this act shall take effect January 1, 1995.

       (2) Section 20 of this act shall take effect July 1, 1994."


      Senator Haugen moved that the following amendments by Senators Haugen, Winsley and McCaslin to the Committee on Government Operations striking amendment be considered simultaneously and be adopted:

      On page 42, beginning on line 13 of the amendment, strike all of section 55

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

      On page 70, after line 27 of the amendment, insert the following:

       "Sec. 82. RCW 53.12.010 and 1992 c 146 s 1 are each amended to read as follows:

       (1) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members. Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into ((three)) the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port ((district)) commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the ((petition proposing the formation of such a)) port commission shall divide the port district ((shall describe three)) into commissioner districts ((each having approximately the same population and)) unless the commissioner districts have been described pursuant to section 84 of this act. The commissioner districts shall be altered as provided in chapter 53.16 RCW.

       Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only the voters of a commissioner district may vote at a primary ((election)) to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.

       ((In port districts having additional commissioners as authorized by RCW 53.12.120, 53.12.130, and 53.12.115, the powers of the port district shall be exercised through a port commission consisting of five members constituted as provided therein.))

       (2) In port districts with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor.

       NEW SECTION. Sec. 83. A new section is added to chapter 53.12 RCW to read as follows:

       Any less than county-wide port district that uses commissioner districts may cease using commissioner districts as provided in this section.

       A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a less than county-wide port district that is divided into commissioner districts if (1) a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election; or (2) the port commissioners adopt a resolution proposing that the port district cease using commissioner districts. The port commission shall transfer the petition or resolution immediately to the county auditor who shall, when a petition is submitted, review the signatures and certify its sufficiency. A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted. If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections.

       NEW SECTION. Sec. 84. A new section is added to chapter 53.04 RCW to read as follows:

       Three commissioner districts, each with approximately the same population, shall be described in the petition proposing the creation of a port district under RCW 53.04.020, if the process to create the port district was initiated by voter petition, or shall be described by the county legislative authority, if the process to initiate the creation of the port district was by action of the county legislative authority. However, commissioner districts shall not be described if the commissioner districts of the proposed port district shall be the same as the county legislative authority districts.

       The initial port commissioners shall be elected as provided in RCW 53.12.172.

       Sec. 85. RCW 53.04.023 and 1993 c 70 s 1 are each amended to read as follows:

       A less than county-wide port district with an assessed valuation of at least seventy-five million dollars may be created in a county that already has a less than county-wide port district located within its boundaries. Except as provided in this section, such a port district shall be created in accordance with the procedure to create a county-wide port district.

       The effort to create such a port district is initiated by the filing of a petition with the county auditor calling for the creation of such a port district, describing the boundaries of the proposed port district, designating either three or five commissioner positions, describing commissioner districts if the petitioners propose that the commissioners represent districts, and providing a name for the proposed port district. The petition must be signed by voters residing within the proposed port district equal in number to at least ten percent of such voters who voted at the last county general election.

       A public hearing on creation of the proposed port district shall be held by the county legislative authority if the county auditor certifies that the petition contained sufficient valid signatures. Notice of the public hearing must be published in the county's official newspaper at least ten days prior to the date of the public hearing. After taking testimony, the county legislative authority may make changes in the boundaries of the proposed port district if it finds that such changes are in the public interest and shall determine if the creation of the port district is in the public interest. No area may be added to the boundaries unless a subsequent public hearing is held on the proposed port district.

       The county legislative authority shall submit a ballot proposition authorizing the creation of the proposed port district to the voters of the proposed port district, at any special election date provided in RCW 29.13.020, if it finds the creation of the port district to be in the public interest.

       The port district shall be created if a majority of the voters voting on the ballot proposition favor the creation of the port district. The initial port commissioners shall be elected at the same election, from districts or at large, as provided in the petition initiating the creation of the port district. The election shall be otherwise conducted as provided in RCW 53.12.172, but the election of commissioners shall be null and void if the port district is not created. ((Commissioner districts shall not be used in the initial election of the port commissioners.))

       This section shall expire July 1, 1997.

       Sec. 86. RCW 53.12.172 and 1992 c 146 s 2 are each reenacted and amended to read as follows:

       (1) In every port district the term of office of each port commissioner shall be four years in each port district that is county-wide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       (2) The initial port commissioners shall be elected at the same election as when the ballot proposition is submitted to voters authorizing the creation of the port district. If the port district is created the persons elected at this election shall serve as the initial port commission. No primary shall be held. The person receiving the greatest number of votes for commissioner from each commissioner district shall be elected as the commissioner of that district.

       (3) The terms of office of the initial port commissioners shall be staggered as follows in a port district that is county-wide with a population of one hundred thousand or more: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (((2))) (b) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       (4) The terms of office of the initial port commissioners in all other port districts shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or to a five-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or to a three-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

       (5) The initial port commissioners shall take office immediately after being elected and qualified, but the length of their terms shall be calculated from the first day in January in the year following their elections.

       Sec. 87. RCW 53.12.115 and 1992 c 146 s 7 are each amended to read as follows:

       A ballot proposition shall be submitted to the voters of any port district authorizing an increase in the number of port commissioners to five whenever the port commission adopts a resolution proposing the increase in number of port commissioners or a petition ((requesting)) proposing such an increase has been submitted to the county auditor of the county in which the port district is located that has been signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election. The ballot proposition shall be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted.

       At the next general or special election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130, and the voters may be asked to approve the nomination of commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2).

       Sec. 88. RCW 53.12.120 and 1992 c 146 s 8 are each amended to read as follows:

       When the population of a port district that has three commissioners reaches five hundred thousand, in accordance with the latest United States regular or special census or with the official state population estimate, there shall be submitted to the voters of the district, at the next district general election or at a special port election called for that purpose, the proposition of increasing the number of commissioners to five. ((At any general election thereafter, the same proposition may be submitted by resolution of the port commissioners, by filing a certified copy of the resolution with the county auditor at least four months prior to the general election. If the proposition is approved by the voters, the commission in that port district shall consist of five commissioners.))

       At the next district general election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.

       Sec. 89. RCW 53.12.130 and 1992 c 146 s 9 are each amended to read as follows:

       Two additional port commissioners shall be elected at the next district general election following the election at which voters authorized the increase in port commissioners to five members. ((The two additional positions shall be numbered positions four and five.))

       The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the two additional commissioners shall be elected, unless the voters approved the nomination of the two additional commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2). The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected from commissioner districts four and five at the general election. The persons ((receiving the highest number of votes for each position shall be elected to that position and)) elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.

       In a port district where commissioners are elected to four-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a four-year term of office and the other additional commissioner thus elected shall be elected to a term of office of two years, if the election ((were)) is held in an odd-numbered year, or the additional commissioner thus elected receiving the highest number of votes shall be elected to a term of office of three years and the other shall be elected to a term of office of one year, if the election ((were)) is held in an even-numbered year. In a port district where the commissioners are elected to six-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a six-year term of office and the other additional commissioner shall be elected to a four-year term of office, if the election is held in an odd-numbered year, or the additional commissioner receiving the highest number of votes shall be elected to a term of office of five-years and the other shall be elected to a three-year term of office, if the election is held in an even-numbered year. The length of terms of office shall be computed from the first day of January in the year following this election.

       ((A successor to a commissioner holding position four or five whose term is about to expire, shall be elected at the general election next preceding such expiration, for a)) Successor commissioners from districts four and five shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners of that port district are elected. ((Positions four and five shall not be associated with a commissioner district and the elections to both nominate candidates for those positions and elect commissioners for these positions shall be held on a port district-wide basis.))

       Sec. 90. RCW 53.12.175 and 1992 c 146 s 3 are each amended to read as follows:

       A ballot proposition to reduce the terms of office of port commissioners from six years to four years shall be submitted to the voters of any port district that otherwise would have commissioners with six-year terms of office upon either resolution of the port commissioners or petition of voters of the port district proposing the reduction in terms of office, which petition has been signed by voters of the port district equal in number to at least ten percent of the number of voters in the port district voting at the last ((district)) general election. The petition shall be submitted to the county auditor. If the petition was signed by sufficient valid signatures, the ballot proposition shall be submitted at the next ((district)) general or special election that occurs sixty or more days after the adoption of the resolution or submission of the petition.

       If the ballot proposition reducing the terms of office of port commissioners is approved by a simple majority vote of the voters voting on the proposition, the commissioner or commissioners who are elected at that election shall be elected to four-year terms of office. The terms of office of the other commissioners shall not be reduced, but each successor shall be elected to a four-year term of office.

       Sec. 91. RCW 53.16.015 and 1992 c 146 s 10 are each amended to read as follows:

       ((In a port district that is not coterminous with a county that has three county legislative authority districts and that has port commissioner districts,)) The port commission of a port district that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29.70 RCW at any time and submit the redrawn boundaries to the county auditor if the port district is not coterminous with a county that has the same number of county legislative authority districts as the port has port commissioners. The new commissioner districts shall be used at the next election at which a port commissioner is regularly elected that occurs at least one hundred eighty days after the redrawn boundaries have been submitted. Each commissioner district shall encompass as nearly as possible ((one-third of the population of the port district)) the same population."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Haugen, Winsley and McCaslin on page 42, beginning on line 13, and page 70, after line 27, to the Committee on Government Operations striking amendment to Substitute House Bill No. 2278.

      The motion by Senator Haugen carried and the amendments to the Committee on Government Operations striking amendment were adopted.


MOTIONS


      On motion of Senator Haugen, the following amendments by Senators Haugen, Quigley, Loveland, Winsley, Adam Smith and Vognild to the Committee on Government Operations striking amendment were considered simultaneously and were adopted:

      On page 49, beginning on line 3 of the amendment, strike all of section 58 and insert the following:

       "Sec. 58. RCW 54.40.010 and 1977 ex.s. c 36 s 1 are each amended to read as follows:

       A five commissioner public utility district is a district ((which shall have)) that (1) either: (a) Has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred and fifty million dollars, including interest during construction((, and which shall have received the approval of the)); or (b) has a population of five hundred thousand or more; and (2) voters of the district approved a ballot proposition authorizing the district to become a five commissioner district as provided ((herein)) under RCW 54.40.040. All other public utility districts shall be known as three commissioner districts."

       On page 49, line 22 of the amendment, after "construction" insert ", or has a population of five hundred thousand or more"

       On page 50, line 8 of the amendment, after "construction" insert ", or has a population of five hundred thousand or more"

       On page 51, beginning on line 20 of the amendment, strike everything from "The commission" through "more." on line 27

       On page 52, at the beginning of line 23 of the amendment, strike "((any number of)) ten thousand or fewer" and insert "any number of"

       On page 52, line 26 of the amendment, after "district with" strike "((any number of)) ten thousand or fewer" and insert "any number of"

       On page 53, beginning on line 7 of the amendment, after "members." strike all material through "resolution" on line 12 and insert "In any sewer district with more than ten thousand customers, if a three-member board of commissioners determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to"

       On page 53, line 13 of the amendment, after "five" strike "((,)). The" and insert ", the"

       On page 57, line 2 of the amendment, after "with" strike "((any number of)) ten thousand or fewer" and insert "any number of"

       On page 57, beginning on line 5 of the amendment, after "with" strike "((any number of)) ten thousand or fewer" and insert "any number of"

       On page 57, beginning on line 21 of the amendment, after "members." strike all material through "five. The" on line 29 and insert "In any water district with more than ten thousand customers, if a three-member board of commissioners determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, the"


      On motion of Senator Haugen, the following amendment by Senators Haugen, McCaslin and Winsley to the Committee on Government Operations striking amendment was adopted:

      On page 70, after line 27 of the amendment, insert the following:

       "Sec. 82. RCW 29.45.050 and 1973 c 102 s 2 are each amended to read as follows:

       There shall be but one set of election officers at any one time in each precinct except as provided in this section.

       In every precinct using paper ballots having two hundred or more registered voters there shall be appointed, and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in RCW 29.04.020 and 29.45.010. The officer in charge of the election may appoint one or more counting boards at his discretion, when he decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count.

       In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties of the counting board or boards shall be the count of ballots cast and the return of the election records and supplies to the officer having jurisdiction of the election.

       One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or replacement precinct election officers at any time during election day. Relief or replacement precinct election officers must be of the same political party as the officer they are relieving or replacing."

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

      The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to Substitute House Bill No. 2278.

      The motion by Senator Haugen carried and the Committee on Government Operations striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, after "practices;" strike the remainder of the title and insert "amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.120, 29.15.200, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 52.14.010, 52.14.013, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.010, 54.40.040, 54.40.050, 54.40.060, 54.40.070, 56.12.015, 56.12.020, 56.12.030, 57.02.050, 57.12.015, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, and 70.44.053; amending 1992 c 146 s 14 (uncodified); reenacting RCW 53.12.172; adding a new section to chapter 42.12 RCW; adding a new section to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; repealing RCW 35.23.070, 35.24.070, 35.27.110, 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057; and providing effective dates."

      On page 72, line 36 of the title amendment, after "70.44.045," strike "and 70.44.053" and insert "70.44.053, and 29.45.050"

      On page 72, line 36 of the title amendment, after "70.44.045," strike "and 70.44.053" and insert "70.44.053, 53.12.010, 53.04.023, 53.12.115, 53.12.120, 53.12.130, 53.12.175, and 53.16.015;"

      On page 73, line 1 of the title amendment, after "reenacting" insert "and amending"

      On page 73, line 5 of the title amendment, after "65.82 RCW;" insert "adding a new section to chapter 53.12 RCW; adding a new section to chapter 53.04 RCW;"


      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2278, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2278, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2278, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.

      Excused: Senator Nelson - 1.

      SUBSTITUTE HOUSE BILL NO. 2278, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of Substitute House Bill No. 2479 and the pending amendment by Senator Prince on page 6, after line 4, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that Substitute House Bill No. 2479 is a measure which clarifies language and corrects references in various tax statutes.

      "The amendment proposed by Senator Prince would require development of a resale certificate for landlord-tenant relationships within the agricultural industry.

      "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


      The amendment by Senator Prince on page 6, after line 4, to Substitute House Bill No. 2479 was ruled out of order.


MOTION


      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Loveland, Senator Vognild was excused.

      On motion of Senator Oke, Senators Moyer and Winsley were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2479.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2479 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 44.

      Absent: Senators Amondson and Gaspard - 2.

      Excused: Senators Moyer, Vognild and Winsley - 3.

      SUBSTITUTE HOUSE BILL NO. 2479, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of House Bill No. 2320 and the pending amendment by Senators Owen, Oke and Sheldon on page 2, after line 8, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that House Bill No. 2320 is a measure which permits the Department of Ecology to delegate to local units of government review and approval authority relative to sewerage systems or disposal plants, under certain conditions.

      "The amendment proposed by Senators Owen, Oke and Sheldon would, among other things, permit local health boards to vary from Department of Health standards on design and installation of some sewerage systems and allow counties, under certain circumstances, to issue permits for on site sanitary systems which vary from state standards without obtaining a waiver from the Department of Health.

      "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."

 

      The amendment by Senators Owen, Oke and Sheldon on page 2, after line 8, to House Bill No. 2320 was ruled out of order.


MOTION


      Senator Erwin moved that the following amendment be adopted:

      On page 2, after line 8, insert the following:

      "NEW SECTION. Sec. 2. The state board of health shall conduct a comparative study of the effectiveness and cost of on-site sewage systems, including standard septic systems and all alternative systems including aerobic systems and aerobic systems with biomembranes. A report of the findings of the study and any related recommended statutory changes shall be made to the legislature by December 31, 1994. All existing administrative rules and guidelines relating to on-site sewage systems should be modified to accurately reflect the findings of the study, especially with regard to alternative systems.

      The study shall consider at least the following: (1) The effectiveness of the treatment systems as measured by the five-day biochemical oxygen demand, the total suspended solids, and the coliform level found in effluent; (2) the historical performance record for each system; (3) the relative cost of each system; and (4) the maintenance needs and overall useful life span of the system.

      NEW SECTION. Sec. 3. A new section is added to chapter 70.118 RCW to read as follows:

      (1) New installations of on-site sewage systems within two hundred feet of any body of water, whether marine or fresh, shall be capable of delivering effluent with a thirty-day average that does not exceed: A five-day biochemical oxygen demand of fifteen milligrams per liter; total suspended solids of eleven milligrams per liter; and a coliform level of two hundred parts per one hundred milliliters.

      (2) New installations of on-site sewage systems within fifty feet of any body of water, whether marine or fresh, shall be capable of delivering effluent with a thirty-day average that does not exceed: A five-day biochemical oxygen demand of five milligrams per liter; total suspended solids of five milligrams per liter; and a coliform level of one hundred parts per one hundred milliliters."


MOTION


      On motion of Senator Erwin, and there being no objection, Section 2 and Section 3 will be considered as separate amendments.


MOTION


      Senator Erwin moved that Section 2 be adopted.


POINT OF ORDER


      Senator Fraser: "A point of order, Mr. President. I believe that both Section 2 and Section 3 exceed the scope and object of the bill."


REPLY BY THE PRESIDENT


      President Pritchard: "Well, we haven't gotten to Section 3, but on Section 2, you raise scope and object? Do you want to discuss it?"

      Senator Fraser: "Very briefly, Mr. President, Section 2 exceeds the scope and object. Again, because it addresses a department not currently addressed in the bill. The bill deals with the Department of Ecology; this deals with the State Board of Health. The amendment deals with a study; the bill deals with delegation of existing state authority."

      Further debate ensued.


PARLIAMENTARY INQUIRY


      Senator Talmadge: "A point of parliamentary inquiry, Mr. President. The President has ruled, in times past, where someone is going to raise scope and object on a series of amendments that the President will rule simultaneously in all the points of order. In response to the inquiry by Senator Fraser, the President raised some question in my mind, at least, about that policy, insofar as she intended to raise scope and object on both of the amendments, as divided by Senator Erwin. If possible, Mr. President, would it be possible to rule on both of the matters, in order that we move expeditiously?"


REPLY BY THE PRESIDENT


      President Pritchard: "Well, by allowing him to divide it, I believe the Chair--we have it so that we don't have Section 3 before us and, obviously, we will be looking at it within the total point. I don't think we can rule on it before it comes before us and technically, it is not before us. If you want, Senator Talmadge, if you would like permission of the body, we can set Section 2 down and take up Section 3 and then have a chance to rule on both of them."

      Senator Talmadge: "It would be most appropriate."

      President Pritchard: "All right, we can do that."

      There being no objection, the President deferred further consideration of the amendment, Section 2, by Senator Erwin.


MOTION


      Senator Erwin moved that Section 3 be adopted.


POINT OF ORDER


      Senator Fraser: "A point of order, Mr. President. I feel this amendment exceeds the scope and object of the bill. Again, the bill deals with the Department of Ecology. This amendment deals with the Department of Health. The bill deals with delegation of authority; this bill deals with new regulatory standards for septic tanks. It also broadens the bill by dealing with all septic tanks in the state, plus alternatives to them. I believe it exceeds the scope and object."

      Further debate ensued.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that House Bill No. 2320 is a measure which permits the Department of Ecology to delegate to local units of government review and approval authority relative to sewerage systems or disposal plants, under certain conditions.

      "The amendment, Section 2, proposed by Senator Erwin orders the State Board of Health to conduct a comparative study of on site sewage systems and the amendment, Section 3, establishes new standards for new installations of on site sewage systems.

      "The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."


      The amendments by Senator Erwin on page 2, after line 8--Sections 2 and 3--to House Bill No. 2320 were ruled out of order.


MOTION


      On motion of Senator Fraser, the rules were suspended, House Bill No. 2320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Moyer, Senator West was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2320.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2320 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 1; Excused, 1.

      Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 34.

      Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Hochstatter, Morton, Oke, Prince, Sellar and Smith, L. - 13.

      Absent: Senator Owen - 1.

      Excused: Senator West - 1.

      HOUSE BILL NO. 2320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of Substitute House Bill No. 2433, deferred earlier today after an amendment by Senators Williams, Sutherland, Gaspard, Rinehart and McDonald on page 3, after line 16, to the Committee on Ways and Means striking amendment was adopted.


MOTION


      Senator Linda Smith moved that the following amendments to the Committee on Ways and Means striking amendment be considered simultaneously and be adopted:

      On page 1, after line 14, strike all materials through and including "classrooms." on line 26 and insert the following:

       "It is the intent of the legislature to encourage members of the private sector to establish a mechanism to produce unedited televised coverage of state government deliberations and other public policy events of state-wide significance. It is assumed that private contributions will be raised to cover all costs associated with such coverage, including annual operating costs, equipment costs, and the cost of programming activities such as curriculum development for use in classrooms. Funding provided by the state is intended to cover "start-up costs" to encourage private sector interest and involvement in the production of televised coverage of state government. The provision of such funding by the state is intended to increase citizen access to government, and is a public purpose for which public funds may be expended."

       On page 1, beginning on line 33, strike all materials after "purposes of" through and including "a single year." on page 2, line 15 and insert the following:

       "encouraging private sector interest and involvement in the production of televised coverage of state government. The contracted bank shall disburse funds to the nonprofit organization, determined to be qualified by the office of financial management, on a quarterly basis to cover expenses incurred by the nonprofit organization in soliciting private sector interest, involvement and financial contributions and for no other purpose."

       On page 3, line 16, after "sum of" strike "six million six" and insert "two"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Linda Smith on page 1, after line 14, and beginning on line 33, and on page 3, line 16, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.

      The motion by Linda Smith failed and the amendments to the Committee on Ways and Means striking amendment were not adopted on a rising vote.


MOTION


      Senator Linda Smith moved that the following amendment to the Committee on Ways and Means striking amendment be adopted:

      On page 2, after line 15, strike all materials through and including "revenue code." on line 20 and insert the following:

      "(2) A qualified nonprofit organization is a nonprofit corporation (a) formed solely for the purpose of providing unedited televised coverage of state government deliberations and other events of state-wide significance, (b) which has received a determination of a tax-exempt status under section 501(c)(3) of the federal internal revenue code, and (c) which has as its chief executive officer a person with a minimum of four years professional experience in the field of television production."

      Debate ensued.

      Senator Sellar demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Linda Smith on page 2, after line 15, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.


ROLL CALL


      The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 17; Nays, 32; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, McCaslin, Morton, Moyer, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Skratek and Smith, L. - 17.

      Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 32.


MOTION


      Senator Linda Smith moved that the following amendment to the Committee on Ways and Means striking amendment be adopted:

      On page 2, after line 38, insert the following:

      "(6) No portion of any funds disbursed pursuant to this section may be used, directly or indirectly, for any of the following purposes:

      (a) Attempting to influence: (i) The passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town or other political subdivision of the state of Washington, or by the congress; or (ii) the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;

      (b) Making contributions reportable under chapter 42.17 RCW;

      (c) Providing any: (i) Gift; (ii) honoraria; or (iii) travel, lodging, meals or entertainment to a public officer or employee; or

      (d) Providing to any employee, officer or agent of the qualified nonprofit corporation salaries, benefits or compensation which, when combined, would exceed fifty thousand dollars in a single year."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Linda Smith on page 2, after line 38, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.

      The motion by Senator Linda Smith carried and the amendment to the Committee on Ways and Means striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2433.

      The motion by Senator Rinehart carried and the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2433 was adopted.


MOTIONS


      On motion of Senator Rinehart, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 2 of the title, after "proceedings;" strike the remainder of the title and insert "adding new sections to chapter 43.08 RCW; creating a new section; making an appropriation; and declaring an emergency."

      On page 3, line 29 of the title amendment, strike "making an appropriation;"


      On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2433, as amended by the Senate, was advanced

to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Snyder: "Senator Rinehart, we struck the six million out on the floor. Is it your intention that that be included in the operating budget that we passed?"

      Senator Rinehart: "Senator Snyder, as you know, the budget, at some point, will go into conference. It is my intent to argue for funding for this proposal at some reasonable level in the budget."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2433, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2433, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Ludwig, McAuliffe, McDonald, Moore, Moyer, Niemi, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Schow, Skratek, Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 29.

      Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Franklin, Hochstatter, Loveland, McCaslin, Morton, Nelson, Newhouse, Oke, Owen, Quigley, Roach, Sellar, Sheldon, Smith, A., Snyder and Wojahn - 20.

      SUBSTITUTE HOUSE BILL NO. 2433, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl) (by request of Governor Lowry)

 

Restructuring boards, committees, commissions, and councils.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following committee on Government Operations amendment be adopted:

      Strike everything after the enacting clause and insert the following:


"CHIROPRACTIC


       NEW SECTION. Sec. 101. A new section is added to chapter 18.25 RCW to read as follows:

       This chapter is enacted:

       (1) In the exercise of the police power of the state and to provide an adequate public agency to act as a disciplinary body for the members of the chiropractic profession licensed to practice chiropractic in this state;

       (2) Because the health and well-being of the people of this state are of paramount importance;

       (3) Because the conduct of members of the chiropractic profession licensed to practice chiropractic in this state plays a vital role in preserving the health and well-being of the people of the state; and

       (4) Because practicing other healing arts while licensed to practice chiropractic and while holding one's self out to the public as a chiropractor affects the health and welfare of the people of the state.

       It is the purpose of the commission established under section 104 of this act to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.

       Sec. 102. RCW 18.25.005 and 1992 c 241 s 2 are each amended to read as follows:

       (1) Chiropractic is the practice of health care that deals with the diagnosis or analysis and care or treatment of the vertebral subluxation complex and its effects, articular dysfunction, and musculoskeletal disorders, all for the restoration and maintenance of health and recognizing the recuperative powers of the body.

       (2) Chiropractic treatment or care includes the use of procedures involving spinal adjustments, and extremity manipulation insofar as any such procedure is complementary or preparatory to a chiropractic spinal adjustment. Chiropractic treatment also includes the use of heat, cold, water, exercise, massage, trigger point therapy, dietary advice and recommendation of nutritional supplementation except for medicines of herbal, animal, or botanical origin, the normal regimen and rehabilitation of the patient, first aid, and counseling on hygiene, sanitation, and preventive measures. Chiropractic care also includes such physiological therapeutic procedures as traction and light, but does not include procedures involving the application of sound, diathermy, or electricity.

       (3) As part of a chiropractic differential diagnosis, a chiropractor shall perform a physical examination, which may include diagnostic x-rays, to determine the appropriateness of chiropractic care or the need for referral to other health care providers. The chiropractic ((disciplinary board)) quality assurance commission shall provide by rule for the type and use of diagnostic and analytical devices and procedures consistent with this chapter.

       (4) Chiropractic care shall not include the prescription or dispensing of any medicine or drug, the practice of obstetrics or surgery, the use of x-rays or any other form of radiation for therapeutic purposes, colonic irrigation, or any form of venipuncture.

       (5) Nothing in this chapter prohibits or restricts any other practitioner of a "health profession" defined in RCW 18.120.020(4) from performing any functions or procedures the practitioner is licensed or permitted to perform, and the term "chiropractic" as defined in this chapter shall not prohibit a practitioner licensed under chapter 18.71 RCW from performing medical procedures, except such procedures shall not include the adjustment by hand of any articulation of the spine.

       Sec. 103. RCW 18.25.006 and 1992 c 241 s 3 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Department" means the department of health.

       (2) "Secretary" means the secretary of the department of health or the secretary's designee.

       (3) "Chiropractor" means an individual licensed under this chapter.

       (4) (("Board" means the Washington state board of chiropractic examiners.)) "Commission" means the Washington state chiropractic quality assurance commission.

       (5) "Vertebral subluxation complex" means a functional defect or alteration of the biomechanical and physiological dynamics in a joint that may cause neuronal disturbances, with or without displacement detectable by x-ray. The effects of the vertebral subluxation complex may include, but are not limited to, any of the following: Fixation, hypomobility, hypermobility, periarticular muscle spasm, edema, or inflammation.

       (6) "Articular dysfunction" means an alteration of the biomechanical and physiological dynamics of a joint of the axial or appendicular skeleton.

       (7) "Musculoskeletal disorders" means abnormalities of the muscles, bones, and connective tissue.

       (8) "Chiropractic differential diagnosis" means a diagnosis to determine the existence of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder, and the appropriateness of chiropractic care or the need for referral to other health care providers.

       (9) "Chiropractic adjustment" means chiropractic care of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder. Such care includes manual or mechanical adjustment of any vertebral articulation and contiguous articulations beyond the normal passive physiological range of motion.

       (10) "Extremity manipulation" means a corrective thrust or maneuver applied to a joint of the appendicular skeleton. The use of extremity manipulation shall be complementary and preparatory to a chiropractic spinal adjustment to support correction of a vertebral subluxation complex and is considered a part of a spinal adjustment and shall not be billed separately from or in addition to a spinal adjustment.

       NEW SECTION. Sec. 104. A new section is added to chapter 18.25 RCW to read as follows:

       COMMISSION ESTABLISHED--MEMBERS APPOINTED BY THE GOVERNOR. The Washington state chiropractic quality assurance commission is established, consisting of fourteen members appointed by the governor to four-year terms, and including eleven practicing chiropractors and three public members. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint members of the previous boards and committees regulating this profession to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint the members of the initial commissions to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. The governor may consider persons who are recommended for appointment by chiropractic associations of this state.

       NEW SECTION. Sec. 105. A new section is added to chapter 18.25 RCW to read as follows:

       COMMISSION--REMOVAL OF MEMBERS--VACANCIES. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term.

       NEW SECTION. Sec. 106. A new section is added to chapter 18.25 RCW to read as follows:

       COMMISSION--QUALIFICATIONS OF MEMBERS. Members must be citizens of the United States and residents of this state. Members must be licensed chiropractors for a period of five years before appointment. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.

       NEW SECTION. Sec. 107. A new section is added to chapter 18.25 RCW to read as follows:

       COMMISSION--DUTIES AND POWERS. The commission shall elect officers each year. Meetings of the commission are open to the public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.

       Each member of the commission shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.

       A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.

       The commission may appoint members of panels of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.

       The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.

       The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.

       The commission shall prepare or determine the nature of the examinations for applicants to practice chiropractic.

       The commission may adopt such rules as are consistent with this chapter as may be deemed necessary and proper to carry out the purposes of this chapter.

       Sec. 108. RCW 18.25.019 and 1987 c 150 s 12 are each amended to read as follows:

       The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice ((and)), the issuance and denial of licenses, and the discipline of licensees under this chapter.

       Sec. 109. RCW 18.25.020 and 1991 c 3 s 38 are each amended to read as follows:

       (1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic college after January 1, 1975, shall have completed not less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the ((board of chiropractic examiners)) commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college. Applications shall be in writing and shall be signed by the applicant in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation.

       (2) There shall be paid to the secretary by each applicant for a license, a fee determined by the secretary as provided in RCW 43.70.250 which shall accompany application and a fee determined by the secretary as provided in RCW 43.70.250, which shall be paid upon issuance of license. Like fees shall be paid for any subsequent examination and application.

       Sec. 110. RCW 18.25.025 and 1980 c 51 s 3 are each amended to read as follows:

       The ((board)) commission shall have authority to grant accreditation to chiropractic schools and colleges.

       The ((board)) commission shall have authority to adopt educational standards which may include standards of any accreditation agency recognized by the office of education of the department of health and human services or its successor agency, or any portion of such standards, as the ((board's)) commission's standards: PROVIDED, That such standards, so adopted, shall contain, as a minimum of on-campus instruction in chiropractic, the following: Principles of chiropractic, two hundred hours; adjustive technique, four hundred hours; spinal roentgenology, one hundred seventy-five hours; symptomatology and diagnosis, four hundred twenty-five hours; clinic, six hundred twenty-five hours: PROVIDED FURTHER, That such standards shall not mandate, as a requirement for either graduation or accreditation, or include in the computation of hours of chiropractic instruction required by this section, instruction in the following: Mechanotherapy, physiotherapy, acupuncture, acupressure, or any other therapy.

       The ((board)) commission shall approve and accredit chiropractic colleges and schools which apply for ((board)) commission accreditation and approval and which meet to the ((board's)) commission's satisfaction the educational standards adopted by the ((board)) commission. It shall be the responsibility of the college to apply for accreditation and approval, and of a student to ascertain whether a college or school has been accredited or approved by the ((board)) commission.

       The ((board)) commission shall have authority to engage assistants in the giving of examinations called for under this chapter.

       Sec. 111. RCW 18.25.030 and 1989 c 258 s 4 are each amended to read as follows:

       Examinations for license to practice chiropractic shall be made by the ((board of chiropractic examiners)) commission according to the method deemed by it to be the most practicable and expeditious to test the applicant's qualifications. Such application shall be designated by a number instead of his or her name, so that the identity shall not be discovered or disclosed to the members of the ((examining committee)) commission until after the examination papers are graded.

       All examinations shall be in whole or in part in writing, the subject of which shall be as follows: Anatomy, physiology, spinal anatomy, microbiology-public health, general diagnosis, neuromuscularskeletal diagnosis, x-ray, principles of chiropractic and adjusting, as taught by chiropractic schools and colleges. The ((board)) commission shall administer a practical examination to applicants which shall consist of diagnosis, principles and practice, x-ray, and adjustive technique consistent with chapter 18.25 RCW. A license shall be granted to all applicants whose score over each subject tested is seventy-five percent. The ((board)) commission may enact additional requirements for testing administered by the national board of chiropractic examiners.

       Sec. 112. RCW 18.25.035 and 1971 ex.s. c 227 s 5 are each amended to read as follows:

       The ((board)) commission may, in its discretion, waive any examination required by this chapter of persons applying for a license to practice chiropractic if, in its opinion, the applicant has successfully passed an examination conducted by the national board of chiropractic examiners of the United States that is of equal or greater difficulty than the examination being waived by the ((board)) commission.

       Sec. 113. RCW 18.25.040 and 1991 c 320 s 8 are each amended to read as follows:

       Persons licensed to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, having qualifications substantially equivalent to those required by this chapter, may, in the discretion of the ((board of chiropractic examiners)) commission, and after such examination as may be required by rule of the ((board)) commission, be issued a license to practice in this state without further examination, upon payment of a fee determined by the secretary as provided in RCW 43.70.250.

       Sec. 114. RCW 18.25.070 and 1991 c 3 s 40 are each amended to read as follows:

       (1) Every person practicing chiropractic shall, as a prerequisite to annual renewal of license, submit to the secretary at the time of application therefor, satisfactory proof showing attendance of at least twenty-five hours during the preceding twelve-month period, at one or more chiropractic symposiums which are recognized and approved by the ((board of chiropractic examiners: PROVIDED, That the board)) commission. The commission may, for good cause shown, waive said attendance. The following guidelines for such symposiums shall apply:

       (a) The ((board)) commission shall set criteria for the course content of educational symposia concerning matters which are recognized by the state of Washington chiropractic licensing laws; it shall be the licensee's responsibility to determine whether the course content meets these criteria;

       (b) The ((board)) commission shall adopt standards for distribution of annual continuing education credit requirements;

       (c) Rules shall be adopted by the ((board)) commission for licensees practicing and residing outside the state who shall meet all requirements established by rule of the ((board by rules and regulations)) commission.

       (2) Every person practicing chiropractic within this state shall pay on or before his or her birth anniversary date, after a license is issued to him or her as ((herein)) provided in this chapter, to ((said)) the secretary a renewal license fee to be determined by the secretary as provided in RCW 43.70.250. The secretary shall, thirty days or more before the birth anniversary date of each chiropractor in the state, mail to that chiropractor a notice of the fact that the renewal fee will be due on or before his or her birth anniversary date. Nothing in this chapter shall be construed so as to require that the receipts shall be recorded as original licenses are required to be recorded.

       The failure of any licensed chiropractor to pay his or her annual license renewal fee within thirty days of license expiration shall work a forfeiture of his or her license. It shall not be reinstated except upon evidence that continuing educational requirements have been fulfilled and the payment of a penalty to be determined by the secretary as provided in RCW 43.70.250, together with all annual license renewal fees delinquent at the time of the forfeiture, and those for each year thereafter up to the time of reinstatement. ((Should the licentiate)) If the licensee allows his or her license to ((elapse)) lapse for more than three years, he or she may be reexamined as provided for in RCW 18.25.040 at the discretion of the ((board)) commission.

       Sec. 115. RCW 18.25.075 and 1991 c 3 s 41 are each amended to read as follows:

       (1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice chiropractic in this state without first activating the license.

       (2) The inactive renewal fee shall be established by the secretary pursuant to RCW 43.70.250. Failure to renew an inactive license shall result in cancellation in the same manner as an active license.

       (3) An inactive license may be placed in an active status upon compliance with the rules established by the ((board)) commission.

       (4) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

       NEW SECTION. Sec. 116. A new section is added to chapter 18.25 RCW to read as follows:

       (1) In addition to those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in this chapter includes failing to differentiate chiropractic care from any and all other methods of healing at all times.

       (2) Proceedings involving alleged unprofessional conduct shall be prosecuted by the attorney general upon the direction of the commission.

       Sec. 117. RCW 18.25.180 and 1991 c 222 s 9 are each amended to read as follows:

       (1) A chiropractor may employ a technician to operate x-ray equipment after the technician has registered with the ((board)) commission.

       (2) The ((board)) commission may adopt rules necessary and appropriate to carry out the purposes of this section.

       Sec. 118. RCW 18.25.190 and 1991 c 320 s 10 are each amended to read as follows:

       Nothing in this chapter shall be construed to prohibit:

       (1) The temporary practice in this state of chiropractic by any chiropractor licensed by another state, territory, or country in which he or she resides. However, the chiropractor shall not establish a practice open to the general public and shall not engage in temporary practice under this section for a period longer than thirty days. The chiropractor shall register his or her intention to engage in the temporary practice of chiropractic in this state with the ((board of chiropractic examiners)) commission before engaging in the practice of chiropractic, and shall agree to be bound by such conditions as may be prescribed by rule by the ((board)) commission.

       (2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a regular senior student in an accredited school of chiropractic approved by the ((board)) commission if the practice is part of a regular course of instruction offered by the school and the student is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the ((board)) commission.

       (3) The practice of chiropractic by a person serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by a school of chiropractic accredited in this state if the practice is part of his or her duties as a clinical postgraduate trainee and the trainee is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the ((board)) commission.

       (4) The practice of chiropractic by a person who is eligible and has applied to take the next available examination for licensing offered by the ((board of chiropractic examiners)) commission, except that the unlicensed chiropractor must provide all services under the direct control and supervision of a licensed chiropractor approved by the ((board)) commission. The unlicensed chiropractor may continue to practice as provided by this subsection until the results of the next available examination are published, but in no case for a period longer than six months. The ((board)) commission shall adopt rules necessary to effectuate the intent of this subsection.

       Any provision of chiropractic services by any individual under subsection (1), (2), (3), or (4) of this section shall be subject to the jurisdiction of the ((chiropractic disciplinary board)) commission as provided in chapters 18.26 and 18.130 RCW.

       NEW SECTION. Sec. 119. A new section is added to chapter 18.25 RCW to read as follows:

       The commission is the successor in interest of the board of chiropractic examiners, the chiropractic disciplinary board, and the chiropractic peer review committee. All contracts, undertakings, agreements, rules, regulations, and policies of those bodies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by chapter . . ., Laws of 1994 (this act) or by the commission.

       NEW SECTION. Sec. 120. RCW 18.25.120, 18.25.130, 18.25.140, 18.25.150, 18.25.160, and 18.25.170 are each recodified within chapter 18.25 RCW between RCW 18.25.019 and 18.25.020.

       NEW SECTION. Sec. 121. The following acts or parts of acts are each repealed:

       (1) RCW 18.25.015 and 1989 c 258 s 1, 1984 c 279 s 49, 1980 c 51 s 1, 1965 ex.s. c 50 s 1, & 1959 c 53 s 1;

       (2) RCW 18.25.016 and 1989 c 258 s 13;

       (3) RCW 18.25.017 and 1991 c 3 s 37, 1986 c 259 s 23, 1984 c 287 s 27, 1975-'76 2nd ex.s. c 34 s 32, 1974 ex.s. c 97 s 8, & 1959 c 53 s 2;

       (4) RCW 18.26.010 and 1989 c 258 s 7 & 1967 c 171 s 1;

       (5) RCW 18.26.020 and 1991 c 3 s 43, 1989 c 258 s 8, & 1967 c 171 s 2;

       (6) RCW 18.26.028 and 1987 c 150 s 13 & 1986 c 259 s 22;

       (7) RCW 18.26.030 and 1986 c 259 s 25, 1979 ex.s. c 111 s 17, 1975 1st ex.s. c 39 s 1, 1974 ex.s. c 97 s 12, & 1967 c 171 s 3;

       (8) RCW 18.26.040 and 1989 c 258 s 9 & 1980 c 46 s 1;

       (9) RCW 18.26.050 and 1991 c 3 s 44, 1979 c 158 s 21, & 1967 c 171 s 5;

       (10) RCW 18.26.060 and 1967 c 171 s 6;

       (11) RCW 18.26.070 and 1991 c 3 s 45, 1984 c 287 s 28, & 1980 c 46 s 2;

       (12) RCW 18.26.080 and 1967 c 171 s 8;

       (13) RCW 18.26.090 and 1989 c 258 s 11 & 1967 c 171 s 9;

       (14) RCW 18.26.110 and 1986 c 259 s 26, 1975 1st ex.s. c 39 s 2, & 1967 c 171 s 11;

       (15) RCW 18.26.320 and 1991 c 320 s 1;

       (16) RCW 18.26.330 and 1991 c 320 s 2;

       (17) RCW 18.26.340 and 1991 c 320 s 3;

       (18) RCW 18.26.350 and 1991 c 320 s 4;

       (19) RCW 18.26.360 and 1991 c 320 s 5;

       (20) RCW 18.26.370 and 1991 c 320 s 6;

       (21) RCW 18.26.380 and 1991 c 320 s 7;

       (22) RCW 18.26.390 and 1991 c 320 s 11; and

       (23) RCW 18.26.900 and 1967 c 171 s 31.


DENTAL


       NEW SECTION. Sec. 201. A new section is added to chapter 18.32 RCW to read as follows:

       The legislature finds that the health and well-being of the people of this state are of paramount importance.

       The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in this state plays a vital role in preserving the health and well-being of the people of the state.

       The legislature further finds that there is no effective means of handling disciplinary proceedings against members of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health.

       Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health, to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in this state.

       It is the purpose of the commission established in section 204 of this act to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.

       Sec. 202. RCW 18.32.010 and 1991 c 3 s 58 are each amended to read as follows:

       Words used in the singular in this chapter may also be applied to the plural of the persons and things; words importing the plural may be applied to the singular; words importing the masculine gender may be extended to females also; the term "((board)) commission" used in this chapter shall mean the Washington state ((board of dental examiners)) dental quality assurance commission; and the term "secretary" shall mean the secretary of health of the state of Washington.

       Sec. 203. RCW 18.32.030 and 1991 c 3 s 59 are each amended to read as follows:

       The following practices, acts, and operations are excepted from the operation of the provisions of this chapter:

       (1) The rendering of dental relief in emergency cases in the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this state, unless the physician or surgeon undertakes to or does reproduce lost parts of the human teeth in the mouth or to restore or to replace in the human mouth lost or missing teeth;

       (2) The practice of dentistry in the discharge of official duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans' bureau, or bureau of Indian affairs;

       (3) Dental schools or colleges approved under RCW 18.32.040, and the practice of dentistry by students in Washington state dental schools or colleges approved by the ((board)) commission, when acting under the direction and supervision of Washington state-licensed dental school faculty;

       (4) The practice of dentistry by licensed dentists of other states or countries while appearing as clinicians at meetings of the Washington state dental association, or component parts thereof, or at meetings sanctioned by them, or other groups approved by the ((board of dental examiners)) commission;

       (5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the supervision of a licensed dentist or physician;

       (6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts; providing the same are made, repaired, altered, or supplied pursuant to the written instructions and order of a licensed dentist which may be accompanied by casts, models, or impressions furnished by the dentist, and the prescriptions shall be retained and filed for a period of not less than three years and shall be available to and subject to the examination of the secretary or the secretary's authorized representatives;

       (7) The removal of deposits and stains from the surfaces of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist licensed under the laws of this state;

       (8) A qualified and licensed physician and surgeon or osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under chapter 18.71 or 18.57 RCW;

       (9) The performing of dental operations or services by persons not licensed under this chapter when performed under the supervision of a licensed dentist: PROVIDED HOWEVER, That such nonlicensed person shall in no event perform the following dental operations or services unless permitted to be performed by the person under this chapter or chapters 18.29, 18.57, 18.71, and ((18.88 RCW:)) 18.-- RCW (sections 401 through 431 of this act) as it applies to registered nurses and advanced registered nurse practitioners:

       (a) Any removal of or addition to the hard or soft tissue of the oral cavity;

       (b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;

       (c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation, including intravenous sedation;

       (d) Any oral prophylaxis;

       (e) The taking of any impressions of the teeth or jaw or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.

       NEW SECTION. Sec. 204. A new section is added to chapter 18.32 RCW to read as follows:

       COMMISSION ESTABLISHED--MEMBERS APPOINTED. The Washington state dental quality assurance commission is established, consisting of fourteen members each appointed by the governor to a four-year term. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, members of the previous boards and committees regulating these professions be appointed to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Twelve members of the commission must be dentists and two members must be public members.

       NEW SECTION. Sec. 205. A new section is added to chapter 18.32 RCW to read as follows:

       COMMISSION--REMOVAL OF MEMBERS--VACANCIES. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term.

       NEW SECTION. Sec. 206. A new section is added to chapter 18.32 RCW to read as follows:

       COMMISSION--QUALIFICATIONS OF MEMBERS. Members must be citizens of the United States and residents of this state. Dentist members must be licensed dentists in the active practice of dentistry for a period of five years before appointment. Of the twelve dentists appointed to the commission, at least four must reside and engage in the active practice of dentistry east of the summit of the Cascade mountain range. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.

       NEW SECTION. Sec. 207. A new section is added to chapter 18.32 RCW to read as follows:

       COMMISSION--DUTIES AND POWERS. The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.

       A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.

       The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.

       The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.

       The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.

       The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.

       The attorney general shall advise the commission and represent it in all legal proceedings.

       NEW SECTION. Sec. 208. A new section is added to chapter 18.32 RCW to read as follows:

       Each member of the commission shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and reimbursed for their activities in developing or administering a multistate licensing examination, as provided in this chapter.

       NEW SECTION. Sec. 209. A new section is added to chapter 18.32 RCW to read as follows:

       The commission may contract with competent persons on a temporary basis to assist in developing or administering examinations for licensure.

       The commission may enter into compacts and agreements with other states and with organizations formed by several states, for the purpose of conducting multistate licensing examinations. The commission may enter into the compacts and agreements even though they would result in the examination of a candidate for a license in this state by an examiner or examiners from another state or states, and even though the compacts and agreements would result in the examination of a candidate or candidates for a license in another state or states by an examiner or examiners from this state.

       NEW SECTION. Sec. 210. A new section is added to chapter 18.32 RCW to read as follows:

       The commission may adopt rules in accordance with chapter 34.05 RCW to implement this chapter and chapter 18.130 RCW.

       Sec. 211. RCW 18.32.040 and 1991 c 3 s 61 are each amended to read as follows:

       The ((board)) commission shall require that every applicant for a license to practice dentistry shall:

       (1) Present satisfactory evidence of graduation from a dental college, school, or dental department of an institution approved by the ((board)) commission;

       (2) Submit, for the files of the ((board)) commission, a recent picture duly identified and attested; and

       (3) Pass an examination prepared or approved by and administered under the direction of the ((board)) commission. The dentistry licensing examination shall consist of practical and written tests upon such subjects and of such scope as the ((board)) commission determines. The ((board)) commission may accept, in lieu of all or part of a written examination, a certificate granted by a national or regional testing organization approved by the ((board)) commission. The ((board)) commission shall set the standards for passing the examination. The secretary shall keep on file the examination papers and records of examination for at least one year. This file shall be open for inspection by the applicant or the applicant's agent unless the disclosure will compromise the examination process as determined by the ((board)) commission or is exempted from disclosure under RCW 42.17.250 through 42.17.340.

       Sec. 212. RCW 18.32.050 and 1984 c 287 s 30 are each amended to read as follows:

       ((The members of the board shall each be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in attending the meetings of the board in accordance with RCW 43.03.050 and 43.03.060. Board)) Commission members shall be compensated and reimbursed pursuant to this section for their activities in administering a multi-state licensing examination pursuant to the ((board's)) commission's compact or agreement with another state or states or with organizations formed by several states((: PROVIDED, That any)). Compensation or reimbursement received by a ((board)) commission member from another state, or organization formed by several states, for such member's services in administering a multi-state licensing examination, shall be deposited in the state general fund.

       Sec. 213. RCW 18.32.100 and 1991 c 3 s 62 are each amended to read as follows:

       The applicant for a dentistry license shall file an application on a form furnished by the secretary, stating the applicant's name, age, place of residence, the name of the school or schools attended by the applicant, the period of such attendance, the date of the applicant's graduation, whether the applicant has ever been the subject of any disciplinary action related to the practice of dentistry, and shall include a statement of all of the applicant's dental activities. This shall include any other information deemed necessary by the ((board)) commission.

       The application shall be signed by the applicant and sworn to by the applicant before some person authorized to administer oaths, and shall be accompanied by proof of the applicant's school attendance and graduation.

       Sec. 214. RCW 18.32.120 and 1991 c 3 s 64 are each amended to read as follows:

       When the application and the accompanying proof are found satisfactory, the secretary shall notify the applicant to appear before the ((board)) commission at a time and place to be fixed by the ((board)) commission.

       The examination papers, and all grading thereon, and the grading of the practical work, shall be preserved for a period of not less than one year after the ((board)) commission has made and published its decisions thereon. All examinations shall be conducted by the ((board)) commission under fair and wholly impartial methods.

       Any applicant who fails to make the required grade by his or her fourth examination may be reexamined only under rules adopted by the ((board)) commission.

       Applicants for examination or reexamination shall pay a fee as determined by the secretary as provided in RCW 43.70.250.

       Sec. 215. RCW 18.32.160 and 1991 c 3 s 65 are each amended to read as follows:

       All licenses issued by the secretary on behalf of the ((board)) commission shall be signed by the secretary or chairperson and secretary of the ((board)) commission.

       Sec. 216. RCW 18.32.180 and 1991 c 3 s 67 are each amended to read as follows:

       (1) Every person licensed to practice dentistry in this state shall register with the secretary, and pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250. Any failure to register and pay the renewal registration fee renders the license invalid, and the practice of dentistry shall not be permitted. The license shall be reinstated upon written application to the secretary and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent license renewal fees.

       (2) A person who fails to renew the license for a period of three years may not renew the license under subsection (1) of this section. In order to obtain a license to practice dentistry in this state, such a person shall file an original application as provided for in this chapter, along with the requisite fees. The ((board)) commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.

       Sec. 217. RCW 18.32.190 and 1991 c 3 s 68 are each amended to read as follows:

       Every person who engages in the practice of dentistry in this state shall cause his or her license to be, at all times, displayed in a conspicuous place, in his or her office wherein he or she shall practice such profession, and shall further, whenever requested, exhibit such license to any of the members of ((said board)) the commission, or its authorized agent, and to the secretary or his or her authorized agent. Every licensee shall notify the secretary of the address or addresses, and of every change thereof, where the licensee shall engage in the practice of dentistry.

       Sec. 218. RCW 18.32.195 and 1992 c 59 s 1 are each amended to read as follows:

       The ((board)) commission may, without examination, issue a license to persons who possess the qualifications set forth in this section.

       (1) The ((board)) commission may, upon written request of the dean of the school of dentistry of the University of Washington, issue a license to practice dentistry in this state to persons who have been licensed or otherwise authorized to practice dentistry in another state or country and who have been accepted for employment by the school of dentistry as full-time faculty members. For purposes of this subsection, this means teaching members of the faculty of the school of dentistry of the University of Washington who are so employed on a one hundred percent of work time basis. Such license shall permit the holder thereof to practice dentistry within the confines of the university facilities for a period of one year while he or she is so employed as a full-time faculty member by the school of dentistry of the University of Washington. It shall terminate whenever the holder ceases to be such a full-time faculty member. Such license shall permit the holder thereof to practice dentistry only in connection with his or her duties in employment with the school of dentistry of the University of Washington. This limitation shall be stated on the license.

       (2) The ((board)) commission may, upon written request of the dean of the school of dentistry of the University of Washington, issue a limited license to practice dentistry in this state to university residents in postgraduate dental education. The license shall permit the resident dentist to provide dental care only in connection with his or her duties as a university resident.

       (3) The ((board)) commission may condition the granting of a license under this section with terms the ((board)) commission deems appropriate. All persons licensed under this section shall be subject to the jurisdiction of the ((dental disciplinary board)) commission to the same extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be disciplined by the ((dental disciplinary board)) commission after a hearing has been held in accordance with the provisions set forth in this chapter, and determination by the ((dental disciplinary board)) commission that such licensee has violated any of the restrictions set forth in this section.

       (4) Persons applying for licensure pursuant to this section shall pay the application fee determined by the secretary and, in the event the license applied for is issued, a license fee at the rate provided for licenses generally. After review by the ((board of dental examiners)) commission, licenses issued under this section may be renewed annually if the licensee continues to be employed as a full-time faculty member of the school of dentistry of the University of Washington, or a university resident in postgraduate dental education, and otherwise meets the requirements of the provisions and conditions deemed appropriate by the ((board of dental examiners)) commission. Any person who obtains a license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, in which case the applicant shall be subject to examination and the other requirements of this chapter.

       Sec. 219. RCW 18.32.215 and 1989 c 202 s 30 are each amended to read as follows:

       An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the ((board)) commission determines that the other state's licensing standards are substantively equivalent to the standards in this state((: PROVIDED, That)). The ((board)) commission may also require the applicant to: (1) File with the ((board)) commission documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the ((board)) commission deems necessary pertaining to the conditions and criteria of the Uniform Disciplinary Act, chapter 18.130 RCW, and to demonstrate to the ((board)) commission a knowledge of Washington law pertaining to the practice of dentistry.

       Sec. 220. RCW 18.32.534 and 1991 c 3 s 72 are each amended to read as follows:

       (1) To implement an impaired dentist program as authorized by RCW 18.130.175, the ((dental disciplinary board)) commission shall enter into a contract with a voluntary substance abuse monitoring program. The impaired dentist program may include any or all of the following:

       (a) Contracting with providers of treatment programs;

       (b) Receiving and evaluating reports of suspected impairment from any source;

       (c) Intervening in cases of verified impairment;

       (d) Referring impaired dentists to treatment programs;

       (e) Monitoring the treatment and rehabilitation of impaired dentists including those ordered by the ((board)) commission;

       (f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired dentists; and

       (g) Performing other related activities as determined by the ((board)) commission.

       (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to fifteen dollars on each license issuance or renewal to be collected by the department of health from every dentist licensed under chapter 18.32 RCW. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired dentist program.

       Sec. 221. RCW 18.32.640 and 1988 c 217 s 1 are each amended to read as follows:

       (1) The ((board)) commission may adopt((, amend, and rescind)) such rules as it deems necessary to carry out this chapter.

       (2) The ((board)) commission may adopt rules governing administration of sedation and general anesthesia by persons licensed under this chapter, including necessary training, education, equipment, and the issuance of any permits, certificates, or registration as required.

       Sec. 222. RCW 18.32.655 and 1986 c 259 s 35 are each amended to read as follows:

       The ((dental disciplinary board has the power and it shall be its duty to)) commission shall:

       (1) Require licensed dentists to keep and maintain a copy of each laboratory referral instruction, describing detailed services rendered, for a period to be determined by the ((board)) commission but not more than three years, and ((to)) may require the production of all such records for examination by the ((board)) commission or its authorized representatives; and

       (2) ((Promulgate)) Adopt reasonable rules ((and regulations)) requiring licensed dentists to make, maintain, and produce for examination by the ((board)) commission or its authorized representatives such other records as may be reasonable and proper in the performance of its duties and enforcing the provisions of this chapter.

       Sec. 223. RCW 18.32.665 and 1986 c 259 s 36 are each amended to read as follows:

       It shall be unlawful for any person, firm, or corporation to publish, directly or indirectly, or circulate any fraudulent, false, or misleading statements within the state of Washington as to the skill or method of practice of any person or operator; or in any way to advertise in print any matter with a view of deceiving the public, or in any way that will tend to deceive or defraud the public; or to claim superiority over neighboring dental practitioners; or to publish reports of cases or certificates of same in any public advertising media; or to advertise as using any anesthetic, drug, formula, medicine, which is either falsely advertised or misnamed; or to employ "capper" or "steerers" to obtain patronage; and any person committing any offense against any of the provisions of this section shall, upon conviction, be subjected to such penalties as are provided in this chapter: PROVIDED, That any person licensed under this chapter may announce credit, terms of credit or installment payments that may be made at periodical intervals to apply on account of any dental service rendered. The ((dental disciplinary board)) commission may adopt such rules as are necessary to carry out the intent of this section.

       Sec. 224. RCW 18.32.745 and 1991 c 3 s 73 are each amended to read as follows:

       No manager, proprietor, partnership, or association owning, operating, or controlling any room, office, or dental parlors, where dental work is done, provided, or contracted for, shall employ or retain any unlicensed person or dentist as an operator; nor shall fail, within ten days after demand made by the secretary of health((,)) or the ((state board of dental examiners, or the dental disciplinary board)) commission in writing sent by certified mail, addressed to any such manager, proprietor, partnership, or association at ((said)) the room, office, or dental parlor, to furnish the secretary of health((,)) or the ((state board of dental examiners, or the dental disciplinary board)) commission with the names and addresses of all persons practicing or assisting in the practice of dentistry in his or her place of business or under his or her control, together with a sworn statement showing by what license or authority ((said)) the persons are practicing dentistry.

       The sworn statement shall not be used as evidence in any subsequent court proceedings, except in a prosecution for perjury connected with its execution.

       Any violation of the provisions of this section ((shall constitute)) is improper, unprofessional, and dishonorable conduct; it ((shall)) also ((constitute)) is grounds for injunction proceedings as provided by this chapter, and in addition ((shall constitute)) is a gross misdemeanor, except that the failure to furnish the information as may be requested in accordance with this section ((shall constitute)) is a misdemeanor.

       Sec. 225. RCW 18.32.755 and 1986 c 259 s 37 are each amended to read as follows:

       Any advertisement or announcement for dental services must include for each office location advertised the names of all persons practicing dentistry at that office location.

       Any violation of the provisions of this section ((shall constitute)) is improper, unprofessional, and dishonorable conduct; it ((shall)) also ((constitute)) is grounds for injunction proceedings as provided by RCW 18.130.190(((2))) (4), and in addition ((shall constitute)) is a gross misdemeanor.

       NEW SECTION. Sec. 226. A new section is added to chapter 18.32 RCW to read as follows:

       The commission is the successor in interest of the board of dental examiners and the dental disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by chapter ..., Laws of 1994 (this act) or by the commission.

       NEW SECTION. Sec. 227. The following acts or parts of acts are each repealed:

       (1) RCW 18.32.035 and 1989 c 202 s 14, 1984 c 279 s 50, 1979 c 38 s 1, 1975 c 49 s 1, 1953 c 93 s 2, 1941 c 92 s 1, & 1935 c 112 s 2;

       (2) RCW 18.32.037 and 1991 c 3 s 60, 1989 c 202 s 15, & 1935 c 112 s 3;

       (3) RCW 18.32.042 and 1989 c 202 s 28;

       (4) RCW 18.32.500 and 1989 c 202 s 24, 1986 c 259 s 39, & 1977 ex.s. c 5 s 37;

       (5) RCW 18.32.510 and 1977 ex.s. c 5 s 1;

       (6) RCW 18.32.520 and 1991 c 3 s 71, 1989 c 202 s 25, 1986 c 259 s 40, 1979 c 158 s 36, & 1977 ex.s. c 5 s 2;

       (7) RCW 18.32.560 and 1984 c 279 s 51 & 1977 ex.s. c 5 s 6;

       (8) RCW 18.32.570 and 1977 ex.s. c 5 s 7;

       (9) RCW 18.32.580 and 1977 ex.s. c 5 s 8;

       (10) RCW 18.32.590 and 1977 ex.s. c 5 s 9;

       (11) RCW 18.32.600 and 1984 c 287 s 31 & 1977 ex.s. c 5 s 10;

       (12) RCW 18.32.610 and 1977 ex.s. c 5 s 11; and

       (13) RCW 18.32.620 and 1984 c 279 s 62 & 1977 ex.s. c 5 s 12.


MEDICAL


       NEW SECTION. Sec. 301. A new section is added to chapter 18.71 RCW to read as follows:

       It is the purpose of the medical quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington.

       Sec. 302. RCW 18.71.010 and 1991 c 3 s 158 are each amended to read as follows:

       The following terms used in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:

       (1) (("Board" means the board of medical examiners)) "Commission" means the Washington state medical quality assurance commission.

       (2) "Secretary" means the secretary of health.

       (3) "Resident physician" means an individual who has graduated from a school of medicine which meets the requirements set forth in RCW 18.71.055 and is serving a period of postgraduate clinical medical training sponsored by a college or university in this state or by a hospital accredited by this state. For purposes of this chapter, the term shall include individuals designated as intern or medical fellow.

       (4) "Emergency medical care" or "emergency medical service" has the same meaning as in chapter 18.73 RCW.

       Sec. 303. RCW 18.71.015 and 1991 c 44 s 1 and 1991 c 3 s 159 are each reenacted and amended to read as follows:

       ((There is hereby created a board of medical examiners consisting of six individuals licensed to practice medicine in the state of Washington, one individual who is licensed as a physician assistant under chapter 18.71A RCW, and two individuals who are not physicians, to be known as the Washington state board of medical examiners.)) The Washington state medical quality assurance commission is established, consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two individuals who are licensed as physician assistants under chapter 18.71A RCW, and four individuals who are members of the public. Each congressional district now existing or hereafter created in the state must be represented by at least one physician member of the commission. The terms of office of members of the commission are not affected by changes in congressional district boundaries. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.

       The ((board)) members of the commission shall be appointed by the governor. ((On expiration of the term of any member, the governor shall appoint for a period of five years an individual of similar qualifications to take the place of such member.)) Members of the initial commission may be appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The governor shall consider such physician and physician assistant members who are recommended for appointment by the appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter . . ., Laws of 1994 (this act) be appointed to the commission. No member may serve more than two consecutive full terms. Each member shall hold office until ((the expiration of the term for which such member is appointed or until)) a successor ((shall have been)) is appointed ((and shall have qualified)).

       Each member of the ((board shall)) commission must be a citizen of the United States, must be an actual resident of this state, and, if a physician, must have been licensed to practice medicine in this state for at least five years.

       The ((board)) commission shall meet as soon as practicable after appointment and elect ((a chair and, a vice-chair from its members)) officers each year. Meetings shall be held at least four times a year and at such place as the ((board shall)) commission determines and at such other times and places as the ((board)) commission deems necessary. A majority of the ((board)) commission members appointed and serving ((shall)) constitutes a quorum for the transaction of ((board)) commission business.

       ((It shall require)) The affirmative vote of a majority of a quorum of the ((board)) commission is required to carry any motion or resolution, to adopt any rule, or to pass any measure. The commission may appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is a minimum of three members. A majority vote of ((the members appointed to a panel of the board shall constitute)) a quorum ((for)) of the panel is required to transact business delegated to it by the ((board)) commission.

       Each member of the ((board)) commission shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the ((board)) commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses shall be paid from funds appropriated to the department of health.

       ((Any member of the board may be removed by the governor for)) Whenever the governor is satisfied that a member of a commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member.

       Vacancies in the membership of the ((board)) commission shall be filled for the unexpired term by appointment by the governor.

       The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.

       Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.

       Sec. 304. RCW 18.71.017 and 1961 c 284 s 11 are each amended to read as follows:

       The board may ((make)) adopt such rules ((and regulations)) as are not inconsistent with the laws of this state as may be determined necessary or proper to carry out the purposes of this chapter. The commission is the successor in interest of the board of medical examiners and the medical disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by this chapter or by the commission.

       Sec. 305. RCW 18.71.019 and 1987 c 150 s 45 are each amended to read as follows:

       The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter.

       Sec. 306. RCW 18.71.030 and 1990 c 196 s 12 and 1990 c 33 s 552 are each reenacted and amended to read as follows:

       Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:

       (1) The furnishing of medical assistance in cases of emergency requiring immediate attention;

       (2) The domestic administration of family remedies;

       (3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW;

       (4) The practice of dentistry, osteopathy, osteopathy and surgery, nursing, chiropractic, ((podiatry)) podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;

       (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;

       (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;

       (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the ((board)) commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

       (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;

       (9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the ((board)) commission, however, the performance of such services (([shall])) shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

       (10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;

       (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;

       (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the ((board of medical examiners)) commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the ((medical disciplinary board shall have)) commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to ((the provisions of chapter 18.72 RCW)) this chapter and chapter 18.130 RCW;

       (13) Emergency lifesaving service rendered by a physician's trained mobile intravenous therapy technician, by a physician's trained mobile airway management technician, or by a physician's trained mobile intensive care paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;

       (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW ((18.88.295)) 18.--.--- (section 429 of this act) and 28A.210.280.

       Sec. 307. RCW 18.71.050 and 1991 c 3 s 161 are each amended to read as follows:

       (1) Each applicant who has graduated from a school of medicine located in any state, territory, or possession of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:

       (a) That the applicant has attended and graduated from a school of medicine approved by the ((board)) commission;

       (b) That the applicant has completed two years of postgraduate medical training in a program acceptable to the ((board)) commission, provided that applicants graduating before July 28, 1985, may complete only one year of postgraduate medical training;

       (c) That the applicant is of good moral character; and

       (d) That the applicant is physically and mentally capable of safely carrying on the practice of medicine. The ((board)) commission may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice medicine.

       (2) Nothing in this section shall be construed as prohibiting the ((board)) commission from requiring such additional information from applicants as it deems necessary. The issuance and denial of licenses are subject to chapter 18.130 RCW, the Uniform Disciplinary Act.

       Sec. 308. RCW 18.71.051 and 1991 c 3 s 162 are each amended to read as follows:

       Applicants for licensure to practice medicine who have graduated from a school of medicine located outside of the states, territories, and possessions of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:

       (1) That he or she has completed in a school of medicine a resident course of professional instruction equivalent to that required in this chapter for applicants generally;

       (2) That he or she meets all the requirements which must be met by graduates of the United States and Canadian school of medicine except that he or she need not have graduated from a school of medicine approved by the ((board)) commission;

       (3) That he or she has satisfactorily passed the examination given by the educational council for foreign medical graduates or has met the requirements in lieu thereof as set forth in rules ((and regulations)) adopted by the ((board)) commission;

       (4) That he or she has the ability to read, write, speak, understand, and be understood in the English language.

       Sec. 309. RCW 18.71.055 and 1975 1st ex.s. c 171 s 8 are each amended to read as follows:

       The ((board)) commission may approve any school of medicine which is located in any state, territory, or possession of the United States, the District of Columbia, or in the Dominion of Canada, provided that it:

       (1) Requires collegiate instruction which includes courses deemed by the ((board)) commission to be prerequisites to medical education;

       (2) Provides adequate instruction in the following subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology, dermatology, gynecology, internal medicine, neurology, obstetrics, ((opthalmology)) ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry, radiology, surgery, and urology, and such other subjects determined by the ((board)) commission;

       (3) Provides clinical instruction in hospital wards and out-patient clinics under guidance.

       Approval may be withdrawn by the ((board)) commission at any time a medical school ceases to comply with one or more of the requirements of this section.

       (4) Nothing in this section shall be construed to authorize the ((board)) commission to approve a school of osteopathy, osteopathy and surgery, or osteopathic medicine, for purposes of qualifying an applicant to be licensed under this chapter by direct licensure, reciprocity, or otherwise.

       Sec. 310. RCW 18.71.060 and 1975 1st ex.s. c 171 s 9 are each amended to read as follows:

       ((Said board)) The commission shall keep an official record of all its proceedings, a part of which record shall consist of a register of all applicants for licensure under this chapter, with the result of each application. ((Said)) The record shall be evidence of all the proceedings of ((said board which)) the commission that are set forth ((therein)) in it.

       Sec. 311. RCW 18.71.070 and 1985 c 322 s 3 are each amended to read as follows:

       With the exception of those applicants granted licensure through the provisions of RCW 18.71.090 or 18.71.095, applicants for licensure must successfully complete an examination administered by the ((board)) commission to determine their professional qualifications. The ((board)) commission shall prepare and give, or approve the preparation and giving of, an examination which shall cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine conferred by approved colleges or schools of medicine in the United States. Notwithstanding any other provision of law, the ((board shall have)) commission has the sole responsibility for determining the proficiency of applicants under this chapter, and, in so doing, may waive any prerequisite to licensure not set forth in this chapter.

       The ((board)) commission may by rule establish the passing grade for the examination.

       Examination results shall be part of the records of the ((board)) commission and shall be permanently kept with the applicant's file.

       Sec. 312. RCW 18.71.080 and 1991 c 195 s 1 and 1991 c 3 s 163 are each reenacted and amended to read as follows:

       Every person licensed to practice medicine in this state shall register with the secretary of health annually, and pay an annual renewal registration fee determined by the secretary as provided in RCW 43.70.250. The ((board)) commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. The rules ((and regulations)) shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management. Any failure to register and pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary, and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees: PROVIDED, HOWEVER, That any person who fails to renew the license for a period of three years, shall in no event be entitled to renew the license under this section. Such a person in order to obtain a license to practice medicine in this state, shall file an original application as provided for in this chapter, along with the requisite fee therefor. The ((board)) commission, in its sole discretion, may permit such applicant to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine.

       Sec. 313. RCW 18.71.085 and 1991 c 44 s 2 are each amended to read as follows:

       The ((board)) commission may adopt rules pursuant to this section authorizing an inactive license status.

       (1) An individual licensed pursuant to chapter 18.71 RCW may place his or her license on inactive status. The holder of an inactive license shall not practice medicine and surgery in this state without first activating the license.

       (2) The inactive renewal fee shall be established by the secretary pursuant to RCW 43.70.250. Failure to renew an inactive license shall result in cancellation in the same manner as an active license.

       (3) An inactive license may be placed in an active status upon compliance with rules established by the ((board)) commission.

       (4) Provisions relating to disciplinary action against a person with a license shall be applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

       Sec. 314. RCW 18.71.090 and 1985 c 322 s 5 are each amended to read as follows:

       Any applicant who meets the requirements of RCW 18.71.050 and has been licensed under the laws of another state, territory, or possession of the United States, or of any province of Canada, or an applicant who has satisfactorily passed examinations given by the national board of medical examiners may, in the discretion of the ((board)) commission, be granted a license without examination on the payment of the fees required by this chapter: PROVIDED, That the applicant must file with the ((board)) commission a copy of the license certified by the proper authorities of the issuing state to be a full, true copy thereof, and must show that the standards, eligibility requirements, and examinations of that state are at least equal in all respects to those of this state.

       Sec. 315. RCW 18.71.095 and 1991 c 3 s 164 are each amended to read as follows:

       The ((board)) commission may, without examination, issue a limited license to persons who possess the qualifications set forth herein:

       (1) The ((board)) commission may, upon the written request of the secretary of the department of social and health services or the secretary of corrections, issue a limited license to practice medicine in this state to persons who have been accepted for employment by the department of social and health services or the department of corrections as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.

       Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections.

       (2) The ((board)) commission may issue a limited license to practice medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.

       Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department.

       (3) Upon receipt of a completed application showing that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of two years of postgraduate medical training, and that the applicant has been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the ((board)) commission, the ((board)) commission may issue a limited license to a resident physician. Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice. Each resident physician shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.

       (4)(a) Upon nomination by the dean of the school of medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the ((board)) commission may issue a limited license to a physician applicant invited to serve as a teaching-research member of the institution's instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise privileged to practice medicine at his or her location of origin. Such license shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and shall terminate whenever the holder ceases to be involved in that program, or at the end of one year, whichever is earlier. Upon request of the applicant and the institutional authority, the license may be renewed for no more than a total of two years.

       (b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive officer of any hospital or appropriate health care facility licensed in the state of Washington, the ((board)) commission may issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the applicant shall have graduated from a recognized medical school and has been granted a license or other appropriate certificate to practice medicine in the location of the applicant's origin. Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the request of the applicant and the sponsoring institution, the license may be renewed by the ((board)) commission for no more than a total of two years.

       All persons licensed under this section shall be subject to the jurisdiction of the ((medical disciplinary board)) commission to the same extent as other members of the medical profession, in accordance with this chapter and chapter((s 18.72 and)) 18.130 RCW.

       Persons applying for licensure pursuant to this section shall pay an application fee determined by the secretary as provided in RCW 43.70.250 and, in the event the license applied for is issued, a license fee at the rate provided for renewals of licenses generally. Licenses issued hereunder may be renewed annually pursuant to the provisions of RCW 18.71.080. Any person who obtains a limited license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.

       Sec. 316. RCW 18.71.205 and 1992 c 128 s 1 are each amended to read as follows:

       (1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the ((board of medical examiners)) commission, shall prescribe:

       (a) Minimum standards and performance requirements for the certification and recertification of physician's trained intravenous therapy technicians, airway management technicians, and mobile intensive care paramedics; and

       (b) Procedures for certification, recertification, and decertification of physician's trained intravenous therapy technicians, airway management technicians, and mobile intensive care paramedics.

       (2) Initial certification shall be for a period of three years.

       (3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period of three years.

       (4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:

       (a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathy and surgery pursuant to chapter 18.57 RCW; and

       (b) Is qualified and knowledgeable in the administration and management of emergency care and services; and

       (c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council.

       (5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible.

       Sec. 317. RCW 18.71.230 and 1986 c 259 s 112 are each amended to read as follows:

       A right to practice medicine and surgery by an individual in this state pursuant to RCW 18.71.030 (5) through (12) shall be subject to discipline by order of the ((board)) commission upon a finding by the ((board)) commission of an act of unprofessional conduct as defined in RCW 18.130.180 or that the individual is unable to practice with reasonable skill or safety due to a mental or physical condition as described in RCW 18.130.170. Such physician shall have the same rights of notice, hearing, and judicial review as provided licensed physicians generally ((pursuant to chapters 18.72 and)) under this chapter and chapter 18.130 RCW.

       Sec. 318. RCW 18.71A.010 and 1990 c 196 s 1 are each amended to read as follows:

       The definitions set forth in this section apply throughout this chapter.

       (1) "Physician assistant" means a person who is licensed by the ((board)) commission to practice medicine to a limited extent only under the supervision of a physician as defined in chapter 18.71 RCW and who is academically and clinically prepared to provide health care services and perform diagnostic, therapeutic, preventative, and health maintenance services.

       (2) "((Board)) Commission" means the ((board of medical examiners)) medical quality assurance commission.

       (3) "Practice medicine" ((shall have)) has the meaning defined in RCW 18.71.011.

       (4) "Secretary" means the secretary of health or the secretary's designee.

       (5) "Department" means the department of health.

       Sec. 319. RCW 18.71A.020 and 1993 c 28 s 5 are each amended to read as follows:

       (1) The ((board)) commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the ((board)) commission and eligibility to take an examination approved by the ((board, provided such)) commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. Physician assistants licensed by the board of medical examiners as of June 7, 1990, shall continue to be licensed.

       (2)(a) The ((board)) commission shall adopt rules governing the extent to which:

       (i) Physician assistant students may practice medicine during training; and

       (ii) Physician assistants may practice after successful completion of a physician assistant training course.

       (b) Such rules shall provide:

       (i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and

       (ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.

       (3) Applicants for licensure shall file an application with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission, detailing the education, training, and experience of the physician assistant and such other information as the ((board)) commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:

       (a) That the applicant has completed an accredited physician assistant program approved by the ((board)) commission and is eligible to take the examination approved by the ((board)) commission;

       (b) That the applicant is of good moral character; and

       (c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The ((board)) commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.

       (4) The ((board)) commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250, and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250. The ((board)) commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

       Sec. 320. RCW 18.71A.030 and 1993 c 28 s 6 are each amended to read as follows:

       A physician assistant ((as defined in this chapter)) may practice medicine in this state only with the approval of the practice arrangement plan by the ((board)) commission and only to the extent permitted by the ((board)) commission. A physician assistant who has received a license but who has not received ((board)) commission approval of the practice arrangement plan under RCW 18.71A.040 may not practice. A physician assistant shall be subject to discipline under chapter 18.130 RCW.

       Sec. 321. RCW 18.71A.040 and 1993 c 28 s 7 are each amended to read as follows:

       (1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the ((board)) commission.

       (2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the ((board)) commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the medical disciplinary board may take disciplinary action under chapter 18.130 RCW.

       Sec. 322. RCW 18.71A.045 and 1988 c 113 s 2 are each amended to read as follows:

       Foreign medical school graduates shall not be eligible for ((registration)) licensing as physician assistants after July 1, 1989. ((Those applying on or before that date shall remain eligible to register as a physician assistant after July 1, 1989: PROVIDED, That the graduate does not violate chapter 18.130 RCW or the rules of the board. The board shall adopt rules regarding applications for registration. The rules shall include board approval of training as required in RCW 18.71.051(1) and receipt of original translated transcripts directly from the medical school.))

       Sec. 323. RCW 18.71A.050 and 1993 c 28 s 8 are each amended to read as follows:

       No physician who supervises a licensed physician assistant in accordance with and within the terms of any permission granted by the ((medical examining board shall be)) commission is considered as aiding and abetting an unlicensed person to practice medicine. The supervising physician and physician assistant shall retain professional and personal responsibility for any act which constitutes the practice of medicine as defined in RCW 18.71.011 when performed by the physician assistant.

       Sec. 324. RCW 18.71A.060 and 1990 c 196 s 6 are each amended to read as follows:

       No health care services may be performed under this chapter in any of the following areas:

       (1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.

       (2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training, or orthoptics.

       (3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.

       (4) Nothing in this section shall preclude the performance of routine visual screening.

       (5) The practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030((, paragraphs)) (1) and (8), shall not apply to a physician assistant.

       (6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine.

       (7) The practice of ((podiatry)) podiatric medicine and surgery as defined in chapter 18.22 RCW.

       Sec. 325. RCW 18.71A.085 and 1990 c 196 s 10 are each amended to read as follows:

       Any physician assistant acupuncturist currently licensed by the ((board)) commission may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant.

       Sec. 326. RCW 18.72.155 and 1991 c 3 s 168 are each amended to read as follows:

       The secretary of the department of health shall appoint, from a list of three names supplied by the ((board)) commission, an executive ((secretary)) director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the ((board)) commission to accomplish its duties and responsibilities. The executive ((secretary shall be)) director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.

       Sec. 327. RCW 18.72.165 and 1986 c 300 s 5 are each amended to read as follows:

       (1) A licensed health care professional licensed under this chapter ((18.71 RCW)) shall report to the ((medical disciplinary board)) commission when he or she has personal knowledge that a practicing physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical conditions.

       (2) Reporting under this section is not required by:

       (a) An appropriately appointed peer review committee member of a licensed hospital or by an appropriately designated professional review committee member of a county or state medical society during the investigative phase of their respective operations if these investigations are completed in a timely manner; or

       (b) A treating licensed health care professional of a physician currently involved in a treatment program as long as the physician patient actively participates in the treatment program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety, or welfare.

       (3) The ((medical disciplinary board)) commission may impose disciplinary sanctions, including license suspension or revocation, on any health care professional subject to the jurisdiction of the ((board)) commission who has failed to comply with this section.

       Sec. 328. RCW 18.72.265 and 1986 c 259 s 117 are each amended to read as follows:

       (1) The contents of any report file under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the ((medical disciplinary board)) commission, or investigator thereof, who has been assigned to review the activities of a licensed physician.

       Upon a determination that a report is without merit, the ((board's)) commission's records may be purged of information relating to the report.

       (2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, and agency of the federal, state, or local government shall be immune from civil liability, whether direct or derivative, for providing information to the ((board subsequent to)) commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260((, as now or hereafter amended)).

       Sec. 329. RCW 18.72.301 and 1989 c 119 s 1 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 18.72.306 through 18.72.321 (as recodified by this act).

       (1) (("Board" means the medical disciplinary board of this state.

       (2))) "Committee" means a nonprofit corporation formed by physicians who have expertise in the areas of alcoholism, drug abuse, or mental illness and who broadly represent the physicians of the state and that has been designated to perform any or all of the activities set forth in RCW 18.72.306(1) (as recodified by this act) pursuant to rules adopted by the ((board)) commission under chapter 34.05 RCW.

       (((3))) (2) "Impaired" or "impairment" means the presence of the diseases of alcoholism, drug abuse, mental illness, or other debilitating conditions.

       (((4))) (3) "Impaired physician program" means the program for the prevention, detection, intervention, and monitoring of impaired physicians established by the ((board)) commission pursuant to RCW 18.72.306(1) (as recodified by this act).

       (((5))) (4) "Physician" means a person licensed under this chapter ((18.71 RCW)).

       (((6))) (5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the ((board)) commission for impaired physicians taking part in the impaired physician program created by RCW 18.72.306 (as recodified by this act).

       Sec. 330. RCW 18.72.306 and 1991 c 3 s 169 are each amended to read as follows:

       (1) The ((board)) commission shall enter into a contract with the committee to implement an impaired physician program. The impaired physician program may include any or all of the following:

       (a) Contracting with providers of treatment programs;

       (b) Receiving and evaluating reports of suspected impairment from any source;

       (c) Intervening in cases of verified impairment;

       (d) Referring impaired physicians to treatment programs;

       (e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the ((board)) commission;

       (f) Providing post-treatment monitoring and support of rehabilitative impaired physicians;

       (g) Performing such other activities as agreed upon by the ((board)) commission and the committee; and

       (h) Providing prevention and education services.

       (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to twenty-five dollars on each license renewal or issuance of a new license to be collected by the department of health from every physician and surgeon licensed under this chapter ((18.71 RCW)) in addition to other license fees and the medical discipline assessment fee established under RCW 18.72.380. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired physician program.

       Sec. 331. RCW 18.72.311 and 1987 c 416 s 3 are each amended to read as follows:

       The committee shall develop procedures in consultation with the ((board)) commission for:

       (1) Periodic reporting of statistical information regarding impaired physician activity;

       (2) Periodic disclosure and joint review of such information as the ((board)) commission may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report: PROVIDED, That the committee shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section;

       (3) Immediate reporting to the ((board)) commission of the name and results of any contact or investigation regarding any impaired physician who is believed to constitute an imminent danger to the public;

       (4) Reporting to the ((board)) commission, in a timely fashion, any impaired physician who refuses to cooperate with the committee, refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment, and who, in the opinion of the committee, is unable to practice medicine with reasonable skill and safety. However, impairment, in and of itself, shall not give rise to a presumption of the inability to practice medicine with reasonable skill and safety;

       (5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.

       Sec. 332. RCW 18.72.316 and 1987 c 416 s 4 are each amended to read as follows:

       If the ((board)) commission has reasonable cause to believe that a physician is impaired, the ((board)) commission shall cause an evaluation of such physician to be conducted by the committee or the committee's designee or the ((board's)) commission's designee for the purpose of determining if there is an impairment. The committee or appropriate designee shall report the findings of its evaluation to the ((board)) commission.

       Sec. 333. RCW 18.72.340 and 1993 c 367 s 17 are each amended to read as follows:

       (1) Every institution or organization providing professional liability insurance to physicians shall send a complete report to the ((medical disciplinary board)) commission of all malpractice settlements, awards, or payments in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician's incompetency or negligence in the practice of medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a five-year time period as the result of the alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment.

       (2) Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars.

       Sec. 334. RCW 18.72.345 and 1991 c 215 s 2 are each amended to read as follows:

       To assist in identifying impairment related to alcohol abuse, the ((board)) commission may obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing.

       NEW SECTION. Sec. 335. (1) RCW 18.72.155, 18.72.165, 18.72.265, 18.72.301, 18.72.306, 18.72.311, 18.72.316, 18.72.340, and 18.72.345, as amended by this act, are each recodified as sections in chapter 18.71 RCW.

       (2) RCW 18.72.010, 18.72.321, 18.72.380, 18.72.390, and 18.72.400 are each recodified as sections in chapter 18.71 RCW.

       NEW SECTION. Sec. 336. The following acts or parts of acts are each repealed:

       (1) RCW 18.72.020 and 1986 c 259 s 115 & 1955 c 202 s 2;

       (2) RCW 18.72.045 and 1991 c 215 s 1;

       (3) RCW 18.72.090 and 1955 c 202 s 9;

       (4) RCW 18.72.100 and 1991 c 3 s 166, 1984 c 287 s 45, 1979 ex.s. c 111 s 3, 1979 c 158 s 59, 1975-'76 2nd ex.s. c 34 s 42, & 1955 c 202 s 10;

       (5) RCW 18.72.110 and 1955 c 202 s 11;

       (6) RCW 18.72.120 and 1991 c 3 s 167 & 1955 c 202 s 12;

       (7) RCW 18.72.130 and 1979 ex.s. c 111 s 4 & 1955 c 202 s 13;

       (8) RCW 18.72.150 and 1986 c 259 s 116, 1979 ex.s. c 111 s 5, 1975 c 61 s 4, & 1955 c 202 s 15;

       (9) RCW 18.72.154 and 1986 c 259 s 107;

       (10) RCW 18.72.190 and 1989 c 373 s 18 & 1955 c 202 s 19;

       (11) RCW 18.72.900 and 1955 c 202 s 46; and

       (12) RCW 18.72.910 and 1955 c 202 s 48.


NURSING CARE


       NEW SECTION. Sec. 401. It is the purpose of the nursing care quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington.

       NEW SECTION. Sec. 402. Unless a different meaning is plainly required by the context, the definitions set forth in this section apply throughout this chapter.

       (1) "Commission" means the Washington state nursing care quality assurance commission.

       (2) "Department" means the department of health.

       (3) "Secretary" means the secretary of health or the secretary's designee.

       (4) "Diagnosis," in the context of nursing practice, means the identification of, and discrimination between, the person's physical and psycho-social signs and symptoms that are essential to effective execution and management of the nursing care regimen.

       (5) "Diploma" means written official verification of completion of an approved nursing education program.

       (6) "Nurse" or "nursing," unless otherwise specified as a practical nurse or practical nursing, means a registered nurse or registered nursing.

       NEW SECTION. Sec. 403. (1) It is unlawful for a person to practice or to offer to practice as a registered nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a registered nurse in this state may use the title "registered nurse" and the abbreviation "R.N." No other person may assume that title or use the abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a registered nurse.

       (2) It is unlawful for a person to practice or to offer to practice as an advanced registered nurse practitioner or as a nurse practitioner in this state unless that person has been licensed under this chapter. A person who holds a license to practice as an advanced registered nurse practitioner in this state may use the titles "advanced registered nurse practitioner" and "nurse practitioner" and the abbreviations "A.R.N.P." and "N.P." No other person may assume those titles or use those abbreviations or any other words, letters, signs, or figures to indicate that the person using them is an advanced registered nurse practitioner or nurse practitioner.

       (3) It is unlawful for a person to practice or to offer to practice as a licensed practical nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a licensed practical nurse in this state may use the title "licensed practical nurse" and the abbreviation "L.P.N." No other person may assume that title or use that abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a licensed practical nurse.

       NEW SECTION. Sec. 404. (1) "Registered nursing practice" means the performance of acts requiring substantial specialized knowledge, judgment, and skill based on the principles of the biological, physiological, behavioral, and sociological sciences in either:

       (a) The observation, assessment, diagnosis, care or counsel, and health teaching of the ill, injured, or infirm, or in the maintenance of health or prevention of illness of others;

       (b) The performance of such additional acts requiring education and training and that are recognized by the medical and nursing professions as proper and recognized by the commission to be performed by registered nurses licensed under this chapter and that are authorized by the commission through its rules;

       (c) The administration, supervision, delegation, and evaluation of nursing practice. However, nothing in this subsection affects the authority of a hospital, hospital district, medical clinic, or office, concerning its administration and supervision;

       (d) The teaching of nursing;

       (e) The executing of medical regimen as prescribed by a licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner.

       (2) Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.

       (3) This section does not prohibit (a) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a registered nurse, or (b) the practice of licensed practical nursing by a licensed practical nurse.

       NEW SECTION. Sec. 405. "Advanced registered nursing practice" means the performance of the acts of a registered nurse and the performance of an expanded role in providing health care services as recognized by the medical and nursing professions, the scope of which is defined by rule by the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend drugs and controlled substances contained in Schedule V of the Uniform Controlled Substances Act, chapter 69.50 RCW.

       Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.

       This section does not prohibit (1) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be an advanced registered nurse practitioner, or (2) the practice of registered nursing by a licensed registered nurse or the practice of licensed practical nursing by a licensed practical nurse.

       NEW SECTION. Sec. 406. "Licensed practical nursing practice" means the performance of services requiring the knowledge, skill, and judgment necessary for carrying out selected aspects of the designated nursing regimen under the direction and supervision of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, physician assistant, osteopathic physician assistant, podiatric physician and surgeon, advanced registered nurse practitioner, or registered nurse.

       Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.

       This section does not prohibit the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a licensed practical nurse.

       NEW SECTION. Sec. 407. (1) The state nursing care quality assurance commission is established, consisting of eleven members to be appointed by the governor to four-year terms. No person may serve as a member of the commission for more than two consecutive full terms.

       (2) There must be three registered nurse members, two advanced registered nurse practitioner members, three licensed practical nurse members, two public members, and one nonvoting midwife member licensed under chapter 18.50 RCW, on the commission. Each member of the commission must be a citizen of the United States and a resident of this state.

       (3) Registered nurse members of the commission must:

       (a) Be licensed as registered nurses under this chapter; and

       (b) Have had at least five years' experience in the active practice of nursing and have been engaged in that practice within two years of appointment.

       (4) Advanced registered nurse practitioner members of the commission must:

       (a) Be licensed as advanced registered nurse practitioners under this chapter; and

       (b) Have had at least five years' experience in the active practice of advanced registered nursing and have been engaged in that practice within two years of appointment.

       (5) Licensed practical nurse members of the commission must:

       (a) Be licensed as licensed practical nurses under this chapter; and

       (b) Have had at least five years' actual experience as a licensed practical nurse and have been engaged in practice as a practical nurse within two years of appointment.

       (6) Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.

       (7) The nonvoting licensed midwife member of the commission must:

       (a) Be licensed as a midwife under chapter 18.50 RCW; and

       (b) Have had at least five years' actual experience as a licensed midwife and have been engaged in practice as a midwife within two years of appointment.

       In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint the existing members of the board of nursing and the board of practical nursing repealed under chapter . . ., Laws of 1994 (this act). The governor may appoint initial members of the commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the commission hold office until their successors are appointed.

       NEW SECTION. Sec. 408. The governor may remove a member of the commission for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, malfeasance or misfeasance in office, or of incompetency or unprofessional conduct, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement member to fill the remainder of the unexpired term.

       NEW SECTION. Sec. 409. Each commission member shall be compensated in accordance with RCW 43.03.240 and shall be paid travel expenses when away from home in accordance with RCW 43.03.050 and 43.03.060.

       NEW SECTION. Sec. 410. The commission shall annually elect officers from among its members. The commission shall meet at least quarterly at times and places it designates. It shall hold such other meetings during the year as may be deemed necessary to transact its business. A majority of the commission members appointed and serving constitutes a quorum at a meeting. All meetings of the commission must be open and public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW.

       Carrying a motion or resolution, adopting a rule, or passing a measure requires the affirmative vote of a majority of a quorum of the commission. The commission may appoint panels consisting of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.

       NEW SECTION. Sec. 411. The commission shall keep a record of all of its proceedings and make such reports to the governor as may be required. The commission shall define by rules what constitutes specialized and advanced levels of nursing practice as recognized by the medical and nursing profession. The commission may adopt rules or issue advisory opinions in response to questions put to it by professional health associations, nursing practitioners, and consumers in this state concerning the authority of various categories of nursing practitioners to perform particular acts.

       The commission shall approve curricula and shall establish criteria for minimum standards for schools preparing persons for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter. The commission shall approve such schools of nursing as meet the requirements of this chapter and the commission, and the commission shall approve establishment of basic nursing education programs and shall establish criteria as to the need for and the size of a program and the type of program and the geographical location. The commission shall establish criteria for proof of reasonable currency of knowledge and skill as a basis for safe practice after three years' inactive or lapsed status. The commission shall establish criteria for licensing by endorsement. The commission shall determine examination requirements for applicants for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter, and shall certify to the secretary for licensing duly qualified applicants.

       The commission shall adopt such rules under chapter 34.05 RCW as are necessary to fulfill the purposes of this chapter.

       The commission is the successor in interest of the board of nursing and the board of practical nursing. All contracts, undertakings, agreements, rules, regulations, decisions, orders, and policies of the former board of nursing or the board of practical nursing continue in full force and effect under the commission until the commission amends or rescinds those rules, regulations, decisions, orders, or policies.

       The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.

       Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.

       NEW SECTION. Sec. 412. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

       NEW SECTION. Sec. 413. The secretary shall appoint, after consultation with the commission, an executive director who shall act to carry out this chapter. The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the compensation and provide for travel expenses for the executive director and all such employees, in accordance with RCW 43.03.050 and 43.03.060.

       NEW SECTION. Sec. 414. The executive director must be a graduate of an approved nursing education program and of a college or university, with a masters' degree, and currently licensed as a registered nurse under this chapter; have a minimum of eight years' experience in nursing in any combination of administration and nursing education; and have been actively engaged in the practice of registered nursing or nursing education within two years immediately before the time of appointment.

       NEW SECTION. Sec. 415. An institution desiring to conduct a school of registered nursing or a school or program of practical nursing, or both, shall apply to the commission and submit evidence satisfactory to the commission that:

       (1) It is prepared to carry out the curriculum approved by the commission for basic registered nursing or practical nursing, or both; and

       (2) It is prepared to meet other standards established by law and by the commission.

       The commission shall make, or cause to be made, such surveys of the schools and programs, and of institutions and agencies to be used by the schools and programs, as it determines are necessary. If in the opinion of the commission, the requirements for an approved school of registered nursing or a school or program of practical nursing, or both, are met, the commission shall approve the school or program.

       NEW SECTION. Sec. 416. (1) An applicant for a license to practice as a registered nurse shall submit to the commission:

       (a) An attested written application on a department form;

       (b) Written official evidence of a diploma from an approved school of nursing; and

       (c) Any other official records specified by the commission.

       (2) An applicant for a license to practice as an advanced registered nurse practitioner shall submit to the commission:

       (a) An attested written application on a department form;

       (b) Written official evidence of completion of an advanced registered nurse practitioner training program meeting criteria established by the commission; and

       (c) Any other official records specified by the commission.

       (3) An applicant for a license to practice as a licensed practical nurse shall submit to the commission:

       (a) An attested written application on a department form;

       (b) Written official evidence that the applicant is over the age of eighteen;

       (c) Written official evidence of a high school diploma or general education development certificate or diploma;

       (d) Written official evidence of completion of an approved practical nursing program, or its equivalent; and

       (e) Any other official records specified by the commission.

       (4) At the time of submission of the application, the applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must not be in violation of chapter 18.130 RCW or this chapter.

       (5) The commission shall establish by rule the criteria for evaluating the education of all applicants.

       NEW SECTION. Sec. 417. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must pass an examination in subjects determined by the commission. The examination may be supplemented by an oral or practical examination. The commission shall establish by rule the requirements for applicants who have failed the examination to qualify for reexamination.

       NEW SECTION. Sec. 418. When authorized by the commission, the department shall issue an interim permit authorizing the applicant to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate, from the time of verification of the completion of the school or training program until notification of the results of the examination. Upon the applicant passing the examination, and if all other requirements established by the commission for licensing are met, the department shall issue the applicant a license to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate. If the applicant fails the examination, the interim permit expires upon notification to the applicant, and is not renewable. The holder of an interim permit is subject to chapter 18.130 RCW.

       NEW SECTION. Sec. 419. Upon approval of the application by the commission, the department shall issue a license by endorsement without examination to practice as a registered nurse or as a licensed practical nurse to a person who is licensed as a registered nurse or licensed practical nurse under the laws of another state, territory, or possession of the United States, and who meets all other qualifications for licensing.

       An applicant who has graduated from a school or program of nursing outside the United States and is licensed as a registered nurse or licensed practical nurse, or their equivalents, outside the United States must meet all qualifications required by this chapter and pass examinations as determined by the commission.

2     NEW SECTION. Sec. 420. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse shall pay a fee as determined by the secretary under RCW 43.70.250 to the state treasurer.

       NEW SECTION. Sec. 421. A license issued under this chapter, whether in an active or inactive status, must be renewed, except as provided in this chapter. The licensee shall send the renewal form to the department with a renewal fee, as determined by the secretary under RCW 43.70.250, before the expiration date. Upon receipt of the renewal form and the appropriate fee, the department shall issue the licensee a license, which declares the holder to be a legal practitioner of registered nursing, advanced registered nursing practice, or licensed practical nursing, as appropriate, in either active or inactive status, for the period of time stated on the license.

       NEW SECTION. Sec. 422. A person licensed under this chapter who allows his or her license to lapse by failing to renew the license, shall on application for renewal pay a penalty determined by the secretary under RCW 43.70.250. If the licensee fails to renew the license before the end of the current licensing period, the department shall issue the license for the next licensing period upon receipt of a written application and fee determined by the secretary under RCW 43.70.250. Persons on lapsed status for three or more years must provide evidence of knowledge and skill of current practice as required by the commission.

       NEW SECTION. Sec. 423. A person licensed under this chapter who desires to retire temporarily from registered nursing practice, advanced registered nursing practice, or licensed practical nursing practice in this state shall send a written notice to the secretary.

       Upon receipt of the notice the department shall place the name of the person on inactive status. While remaining on this status the person shall not practice in this state any form of nursing provided for in this chapter. When the person desires to resume practice, the person shall apply to the commission for renewal of the license and pay a renewal fee to the state treasurer. Persons on inactive status for three years or more must provide evidence of knowledge and skill of current practice as required by the commission or as provided in this chapter.

       NEW SECTION. Sec. 424. (1) In the context of the definition of registered nursing practice and advanced registered nursing practice, this chapter shall not be construed as:

       (a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice registered nursing within the meaning of this chapter;

       (b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;

       (c) Prohibiting the practice of nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing aides;

       (d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;

       (e) Prohibiting the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a registered nurse licensed to practice in this state;

       (f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in the practice of nursing as defined in this chapter;

       (g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or a bureau, division, or agency thereof, while in the discharge of his or her official duties;

       (h) Permitting the measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the aid thereof;

       (i) Permitting the prescribing or directing the use of, or using, an optical device in connection with ocular exercises, visual training, vision training, or orthoptics;

       (j) Permitting the prescribing of contact lenses for, or the fitting and adaptation of contact lenses to, the human eye;

       (k) Prohibiting the performance of routine visual screening;

       (l) Permitting the practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW, respectively;

       (m) Permitting the practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine;

       (n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW;

       (o) Permitting the performance of major surgery, except such minor surgery as the commission may have specifically authorized by rule adopted in accordance with chapter 34.05 RCW;

       (p) Permitting the prescribing of controlled substances as defined in Schedules I through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, except as provided in (r) of this subsection;

       (q) Prohibiting the determination and pronouncement of death;

       (r) Prohibiting advanced registered nurse practitioners, approved by the commission as certified registered nurse anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a request for certified registered nurse anesthetist anesthesia services issued by a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under chapter 18.57 RCW, a dentist licensed under chapter 18.32 RCW, or a podiatric physician and surgeon licensed under chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to patients who require anesthesia for diagnostic, operative, obstetrical, or therapeutic procedures in a hospital, clinic, ambulatory surgical facility, or the office of a practitioner licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57, 18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of administration; and "order" meaning the process of directing licensed individuals pursuant to their statutory authority to directly administer a drug or to dispense, deliver, or distribute a drug for the purpose of direct administration to a patient, under instructions of the certified registered nurse anesthetist. "Protocol" means a statement regarding practice and documentation concerning such items as categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas for the practice of nurse anesthesia.

       (2) In the context of the definition of licensed practical nursing practice, this chapter shall not be construed as:

       (a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice practical nursing within the meaning of this chapter;

       (b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;

       (c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing assistants;

       (d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;

       (e) Prohibiting or preventing the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a licensed practical nurse licensed to practice in this state;

       (f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in licensed practical nurse practice as defined in this chapter;

       (g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.

       NEW SECTION. Sec. 425. An advanced registered nurse practitioner under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in sections 426 and 427 of this act:

       (1) Perform specialized and advanced levels of nursing as recognized jointly by the medical and nursing professions, as defined by the commission;

       (2) Prescribe legend drugs and Schedule V controlled substances, as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, within the scope of practice defined by the commission;

       (3) Perform all acts provided in section 426 of this act;

       (4) Hold herself or himself out to the public or designate herself or himself as an advanced registered nurse practitioner or as a nurse practitioner.

       NEW SECTION. Sec. 426. A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in section 427 of this act:

       (1) At or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required;

       (2) Delegate to other persons engaged in nursing, the functions outlined in subsection (1) of this section;

       (3) Instruct nurses in technical subjects pertaining to nursing;

       (4) Hold herself or himself out to the public or designate herself or himself as a registered nurse.

       NEW SECTION. Sec. 427. A licensed practical nurse under his or her license may perform nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof may, under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, advanced registered nurse practitioner acting under the scope of his or her license, or at the direction and under the supervision of a registered nurse, administer drugs, medications, treatments, tests, injections, and inoculations, whether or not the piercing of tissues is involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of the licensed practitioners designated in this section, or by a registered nurse who need not be physically present; if the order given is reduced to writing within a reasonable time and made a part of the patient's record.

       NEW SECTION. Sec. 428. It is not a violation of chapter 18.71 RCW or of chapter 18.57 RCW for a registered nurse, at or under the general direction of a licensed physician and surgeon, or osteopathic physician and surgeon, to administer prescribed drugs, injections, inoculations, tests, or treatment whether or not the piercing of tissues is involved.

       NEW SECTION. Sec. 429. (1) In accordance with rules adopted by the commission, public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or private school at the time. After consultation with staff of the superintendent of public instruction, the commission shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the commission deems necessary to the proper implementation of this section:

       (a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or private school provide for the catheterization of the student;

       (b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;

       (c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or private school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and

       (d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or private school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training.

       (2) This section does not require school districts to provide intermittent bladder catheterization of students.

       NEW SECTION. Sec. 430. The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such reasonable rules as may be necessary to carry out the duties imposed upon it in the administration of this chapter.

       NEW SECTION. Sec. 431. As of the effective date of this act, all rules, regulations, decisions, and orders of the board of nursing under chapter 18.88 RCW or the board of practical nursing under chapter 18.78 RCW continue to be in effect under the commission, until the commission acts to modify the rules, regulations, decisions, or orders.

       NEW SECTION. Sec. 432. Sections 401 through 431 of this act constitute a new chapter in Title 18 RCW.

       NEW SECTION. Sec. 433. The following acts or parts of acts are each repealed:

       (1) RCW 18.78.005 and 1991 c 84 s 1 & 1983 c 55 s 1;

       (2) RCW 18.78.010 and 1991 c 84 s 13, 1991 c 3 s 185, 1983 c 55 s 2, 1967 c 79 s 1, 1963 c 15 s 1, & 1949 c 222 s 1;

       (3) RCW 18.78.020 and 1991 c 84 s 2, 1983 c 55 s 3, 1967 c 79 s 2, & 1949 c 222 s 2;

       (4) RCW 18.78.030 and 1991 c 84 s 3, 1983 c 55 s 4, & 1949 c 222 s 3;

       (5) RCW 18.78.040 and 1991 c 84 s 4, 1984 c 287 s 47, 1983 c 55 s 5, 1975-'76 2nd ex.s. c 34 s 45, 1967 c 188 s 4, & 1949 c 222 s 4;

       (6) RCW 18.78.050 and 1991 c 84 s 5, 1988 c 211 s 4, 1986 c 259 s 129, 1983 c 55 s 6, 1979 c 158 s 64, 1967 c 79 s 3, & 1949 c 222 s 5;

       (7) RCW 18.78.054 and 1987 c 150 s 49 & 1986 c 259 s 128;



       (8) RCW 18.78.055 and 1991 c 84 s 6 & 1983 c 55 s 7;

       (9) RCW 18.78.058 and 1987 c 150 s 50;

       (10) RCW 18.78.060 and 1991 c 84 s 7, 1988 c 212 s 1, 1983 c 55 s 8, 1971 ex.s. c 292 s 26, 1963 c 15 s 2, & 1949 c 222 s 6;

       (11) RCW 18.78.070 and 1986 c 259 s 130, 1983 c 55 s 9, & 1949 c 222 s 7;

       (12) RCW 18.78.072 and 1988 c 211 s 3;

       (13) RCW 18.78.080 and 1991 c 84 s 8, 1985 c 7 s 65, 1979 c 158 s 65, 1975 1st ex.s. c 30 s 68, 1963 c 15 s 3, & 1949 c 222 s 9;

       (14) RCW 18.78.090 and 1991 c 84 s 9, 1986 c 259 s 131, 1985 c 7 s 66, 1983 c 55 s 10, 1979 c 158 s 66, 1975 1st ex.s. c 30 s 69, 1971 ex.s. c 266 s 14, 1967 c 79 s 4, 1963 c 15 s 4, & 1949 c 222 s 10;

       (15) RCW 18.78.100 and 1991 c 84 s 10, 1991 c 3 s 190, 1983 c 55 s 11, 1971 c 68 s 1, & 1949 c 222 s 11;

       (16) RCW 18.78.160 and 1991 c 84 s 12, 1983 c 55 s 15, & 1949 c 222 s 17;

       (17) RCW 18.78.182 and 1991 c 84 s 11, 1983 c 55 s 19, 1971 c 68 s 2, & 1967 c 79 s 6;

       (18) RCW 18.78.225 and 1991 c 3 s 192 & 1988 c 211 s 12;

       (19) RCW 18.78.900 and 1949 c 222 s 19;

       (20) RCW 18.78.901 and 1983 c 55 s 22;

       (21) RCW 18.88.010 and 1973 c 133 s 1 & 1949 c 202 s 1;

       (22) RCW 18.88.020 and 1973 c 133 s 2 & 1949 c 202 s 2;

       (23) RCW 18.88.030 and 1991 c 3 s 213, 1989 c 114 s 1, 1979 c 158 s 69, 1973 c 133 s 3, 1961 c 288 s 1, & 1949 c 202 s 4;

       (24) RCW 18.88.050 and 1989 c 114 s 2, 1973 c 133 s 4, & 1949 c 202 s 5;

       (25) RCW 18.88.060 and 1973 c 133 s 5, 1961 c 288 s 3, & 1949 c 202 s 6;

       (26) RCW 18.88.070 and 1989 c 114 s 3, 1973 c 133 s 6, & 1949 c 202 s 7;

       (27) RCW 18.88.080 and 1991 c 3 s 214, 1988 c 211 s 8, 1984 c 287 s 50, 1977 c 75 s 12, 1975-'76 2nd ex.s. c 34 s 50, 1973 c 133 s 7, 1961 c 288 s 4, & 1949 c 202 s 8;

       (28) RCW 18.88.086 and 1987 c 150 s 57 & 1986 c 259 s 135;

       (29) RCW 18.88.090 and 1991 c 3 s 215, 1975-'76 2nd ex.s. c 34 s 51, 1973 c 133 s 8, 1961 c 288 s 5, & 1949 c 202 s 9;

       (30) RCW 18.88.100 and 1973 c 133 s 9, 1961 c 288 s 6, & 1949 c 202 s 10;

       (31) RCW 18.88.110 and 1973 c 133 s 10 & 1949 c 202 s 11;

       (32) RCW 18.88.120 and 1973 c 133 s 11 & 1949 c 202 s 12;

       (33) RCW 18.88.130 and 1989 c 114 s 4, 1973 c 133 s 12, 1961 s 288 s 7, & 1949 c 202 s 13;

       (34) RCW 18.88.140 and 1989 c 114 s 5, 1973 c 133 s 13, 1961 c 288 s 8, & 1949 c 202 s 14;

       (35) RCW 18.88.150 and 1989 c 114 s 6, 1988 c 211 s 5, 1973 c 133 s 14, 1961 c 288 s 9, & 1949 c 202 s 15;

       (36) RCW 18.88.160 and 1991 c 3 s 216, 1985 c 7 s 68, 1975 1st ex.s. c 30 s 77, 1973 c 133 s 15, 1961 c 288 s 10, & 1949 c 202 s 16;

       (37) RCW 18.88.170 and 1973 c 133 s 16 & 1949 c 202 s 17;

       (38) RCW 18.88.175 and 1991 c 3 s 217 & 1988 c 211 s 13;

       (39) RCW 18.88.190 and 1991 c 3 s 218, 1988 c 211 s 9, 1985 c 7 s 69, 1979 ex.s. c 106 s 1, 1975 1st ex.s. c 30 s 78, 1973 c 133 s 18, 1971 ex.s. c 266 s 18, 1961 c 288 s 11, & 1949 c 202 s 19;

       (40) RCW 18.88.200 and 1991 c 3 s 219, 1988 c 211 s 10, 1985 c 7 s 70, 1975 1st ex.s. c 30 s 79, 1973 c 133 s 19, 1961 c 288 s 12, & 1949 c 202 s 20;

       (41) RCW 18.88.220 and 1991 c 3 s 220, 1988 c 211 s 11, 1973 c 133 s 20, & 1949 c 202 s 22;

       (42) RCW 18.88.270 and 1986 c 259 s 136, 1973 c 133 s 26, & 1949 c 202 s 27;

       (43) RCW 18.88.280 and 1993 c 225 s 1, 1989 c 114 s 7, 1988 c 37 s 1, 1973 c 133 s 27, 1961 c 288 s 13, & 1949 c 202 s 28;

       (44) RCW 18.88.285 and 1989 c 114 s 8, 1973 c 133 s 28, 1967 c 79 s 9, & 1961 c 288 s 14;

       (45) RCW 18.88.290 and 1955 c 62 s 1;

       (46) RCW 18.88.295 and 1988 c 48 s 1;

       (47) RCW 18.88.300 and 1973 c 133 s 29;

       (48) RCW 18.88.900 and 1949 c 202 s 29; and

       (49) RCW 18.88A.070 and 1991 c 16 s 9, 1991 c 3 s 223, 1989 c 300 s 9, & 1988 c 267 s 9.


MENTAL HEALTH CARE


       Sec. 501. RCW 18.19.070 and 1991 c 3 s 22 are each amended to read as follows:

       (1) ((Within sixty days of July 26, 1987, the secretary shall have authority to appoint advisory committees to further the purposes of this chapter. Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for terms of two years, and two for terms of three years. No person may serve as a member of the committee for more than two consecutive terms.)) The Washington state mental health quality assurance council is created, consisting of nine members appointed by the secretary. All appointments shall be for a term of four years. No person may serve as a member of the council for more than two consecutive full terms.

       Voting members of the council must include one social worker certified under RCW 18.19.110, one mental health counselor certified under RCW 18.19.120, one marriage and family therapist certified under RCW 18.19.130, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members. Each member of the council must be a citizen of the United States and a resident of this state. Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.

       The secretary may appoint the initial members of the council to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the council hold office until their successors are appointed.

       The secretary may remove any member of the ((advisory committees)) council for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.

       (2) The ((advisory committees)) council shall ((each)) meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary.

       Each member of ((an advisory committee)) the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the ((committees)) council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of ((their committee.

       (3) Members of an advisory committee shall be residents of this state. Each committee shall be composed of four individuals registered or certified in the category designated by the committee title, and one member who is a member of the public)) the council. The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.


ACUPUNCTURE


       Sec. 502. RCW 4.24.240 and 1985 c 326 s 25 are each amended to read as follows:

       (1)(a) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, including, in the event such person is deceased, his or her estate or personal representative;

       (b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or

       (c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;

shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated.

       (2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board.

       Sec. 503. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:

       As used in this chapter "health care provider" means either:

       (1) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;

       (2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or

       (3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.

       Sec. 504. RCW 18.06.010 and 1992 c 110 s 1 are each amended to read as follows:

       The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:

       (1) "Acupuncture" means a health care service based on ((a traditional)) an Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or functional disorders by treating specific acupuncture points or meridians. Acupuncture includes ((but is not necessarily limited to)) the following techniques:

       (a) Use of acupuncture needles to stimulate acupuncture points and meridians;

       (b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;

       (c) Moxibustion;

       (d) Acupressure;

       (e) Cupping;

       (f) Dermal friction technique;

       (g) Infra-red;

       (h) Sonopuncture;

       (i) Laserpuncture;

       (j) ((Dietary advice based on traditional Oriental medical theory; and

       (k))) Point injection therapy (aquapuncture); and

       (k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of this subsection.

       (2) "Acupuncturist" means a person ((certified)) licensed under this chapter.

       (3) "Department" means the department of health.

       (4) "Secretary" means the secretary of health or the secretary's designee.

       Sec. 505. RCW 18.06.020 and 1991 c 3 s 5 are each amended to read as follows: