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SIXTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, March 10, 1994
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Cantu, Hargrove, Haugen, Owen, Rasmussen, Rinehart, Roach, Adam Smith and Talmadge. On motion of Senator Oke, Senators Cantu and Roach were excused. On motion of Senator Drew, Senators Hargrove, Owen, Rasmussen and Rinehart were excused. On motion of Senator Morton, Senator Amondson was excused.
The Sergeant at Arms Color Guard, consisting of Pages Jessica Bork and Matthew Gonzales, presented the Colors. Jim Cammack of the Baha'i Assembly of Thurston County, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED HOUSE BILL NO. 1756 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 2627 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has appointed Representative Springer to replace Representative Dunshee on the Conference Committee to SENATE BILL NO. 6055.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5449,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6068,
SUBSTITUTE SENATE BILL NO. 6089,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6547.
STATEMENT FOR THE JOURNAL
Due to work on the anti-violence bill, I missed the following votes: Gubernatorial Appointment No. 9337, Pleas Green as a member of the Sentencing Guidelines Commission; Gubernatorial Appointment No. 9287, Dean Lydig, as a member of the Wildlife Commission; Engrossed Substitute Senate Bill No. 6124, as recommended by the Conference Committee; and Engrossed House Bill No. 2643, as recommended by the Conference Committee.
I would have voted 'yes' on these measures.
SENATOR PHIL TALMADGE, 34th District
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Ludwig, Gubernatorial Appointment No. 9337, Pleas Green, as member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF PLEAS GREEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 3; Excused, 7.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 39.
Absent: Senators Haugen, Smith, A. and Talmadge - 3.
Excused: Senators Amondson, Cantu, Hargrove, Owen, Rasmussen, M., Rinehart and Roach - 7.
MOTIONS
On motion of Senator Oke, Senator Bluechel was excused.
On motion of Senator Drew, Senators Adam Smith and Talmadge were excused.
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9287, Dean Lydig, as member of the Wildlife Commission, was confirmed.
APPOINTMENT OF DEAN LYDIG
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, 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., Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Bluechel, Hargrove, Rinehart, Smith, A. and Talmadge - 5.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6124 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
ESSB 6124 March 9, 1994
Includes "NEW ITEMS": YES
Protecting homeowner's equity
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6124, Protecting homeowner's equity, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that many homeowners are solicited by siding and roofing contractors to purchase home improvements. Some contractors misrepresent the financing terms or the cost of the improvements, preventing the homeowner from making an informed decision about whether the improvements are affordable. The result is that many homeowners face financial hardship including the loss of their homes through foreclosure. The legislature declares that this is a matter of public interest. It is the intent of the legislature to establish rules of business practice for roofing and siding contractors to promote honesty and fair dealing with homeowners.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Roofing or siding contract" means an agreement between a roofing or siding contractor or salesperson and a homeowner that includes, in part, an agreement to install, repair or replace residential roofing or siding for a total cost including labor and materials in excess of one thousand dollars.
This chapter does not apply to the following contracts:
(a) Residential remodel or repair contracts where the cost specified for roofing or siding is less than twenty percent of the total contract price;
(b) Contracts where the roofing or siding is part of a contract to build a new dwelling or an addition that provides additional living space;
(c) Contracts for emergency repairs made necessary by a natural disaster such as an earthquake, wind storm, or hurricane, or after a fire in the dwelling;
(d) Homes being prepared for resale; or
(e) Roofing or siding contracts in which the homeowner was not directly solicited by a roofing or siding contractor or salesperson. If a roofing or siding contractor or roofing or siding salesperson generally does business by soliciting, it shall be a rebuttable presumption that any roofing or siding contract entered into with a homeowner shall have been the result of a solicitation.
(2) "Roofing or siding contractor" means a person who owns or operates a contracting business that purports to install, repair, or replace or subcontracts to install, repair, or replace residential roofing or siding.
(3) "Roofing or siding salesperson" means a person who solicits, negotiates, executes, or otherwise endeavors to procure a contract with a homeowner to install, repair, or replace residential roofing or siding on behalf of a roofing or siding contractor.
(4) "Residential roofing or siding" means roofing or siding installation, repair or replacement for an existing single-family dwelling or multiple family dwelling of four or less units, provided that this does not apply to a residence under construction.
(5) "Person" includes an individual, corporation, company, partnership, joint venture, or a business entity.
(6) "Siding" means material used to cover the exterior walls of a residential dwelling, excluding paint application.
(7)(a) "Solicit" means to initiate contact with the homeowner for the purpose of selling or installing roofing or siding by one of the following methods:
(i) Door-to-door contact;
(ii) Telephone contact;
(iii) Flyers left at a residence; or
(iv) Other promotional advertisements which offer gifts, cash, or services if the homeowner contacts the roofing or siding contractor or salesperson, except for newspaper advertisements which offer a seasonal discount.
(b) "Solicit" does not include:
(i) Calls made in response to a request or inquiry by the homeowner; or
(ii) Calls made to homeowners who have prior business or personal contact with the residential roofing or siding contractor or salesperson.
NEW SECTION. Sec. 3. A roofing or siding contract shall be in writing. A copy of the contract shall be given to the homeowner at the time the homeowner signs the contract. The contract shall be typed or printed legibly and contain the following provisions:
(1) An itemized list of all work to be performed;
(2) The grade, quality, or brand name of materials to be used;
(3) The dollar amount of the contract;
(4) The name and address of the roofing or siding salesperson;
(5) The name, address, and contractor's registration number of the roofing or siding contractor;
(6) A statement as to whether all or part of the work is to be subcontracted to another person;
(7) The contract shall require the homeowner to disclose whether he or she intends to obtain a loan in order to pay for all or part of the amount due under the contract;
(8) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and
(9) The contract shall provide the following notice in ten-point boldface type in capital letters:
"CUSTOMER'S RIGHT TO CANCEL
IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED.
BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT."
NEW SECTION. Sec. 4. If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner's rescission rights provided in section 3(9) of this act have expired. If the roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of the contract from the customer.
NEW SECTION. Sec. 5. A person who purchases or is otherwise assigned a roofing or siding contract shall be subject to all claims and defenses with respect to the contract that the homeowner could assert against the siding or roofing contractor or salesperson. A person who sells or otherwise assigns a roofing or siding contract shall include a prominent notice of the potential liability under this section.
NEW SECTION. Sec. 6. The legislature finds and declares that a violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth under chapter 19.86 RCW.
NEW SECTION. Sec. 7. A roofing or siding contractor or salesperson who fails to comply with the requirements of this chapter shall be liable to the homeowner for any actual damages sustained by the person as a result of the failure. Nothing in this section shall limit any cause of action or remedy available under section 6 of this act or chapter 19.86 RCW.
NEW SECTION. Sec. 8. Sections 2 through 7 of this act shall constitute a new chapter in Title 19 RCW."
On page 1, line 2 of the title, after "practices;" strike the remainder of the title and insert "adding a new chapter to Title 19 RCW; and creating a new section.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Prentice, Newhouse and Fraser; Representatives Heavey, G. Cole and Horn
MOTION
On motion of Senator Prentice, the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6124.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6124, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6124, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Erwin and McDonald - 2.
Excused: Senators Hargrove, Rinehart and Talmadge - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6124, as recommended by the Conference Committee, 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.
CONFERENCE COMMITTEE REPORT
EHB 2643 March 9, 1994
Includes "NEW ITEMS": YES
Cross-referencing pension statutes
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED HOUSE BILL NO. 2643, Cross-referencing pension statutes, have had the same under consideration and we recommend that:
All previous Senate amendments not be adopted, and the following amendments by the Conference Committee be adopted:
On page 1, line 19, after "retirees." insert "Sections 6 and 7 of this act create the pension funding 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 in effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993 sp. sess. to the pension funding 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 funding 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 in effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993 sp. sess.
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 funding account created under section 6 of this act.
Sec. 8. RCW 41.40.023 and 1993 c 319 s 1 are each amended to read as follows:
Membership in the retirement system shall consist of all regularly compensated employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers thereof elected by the members of the senate and the house and legislative committees, unless membership of such employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons appointed directly by the governor: PROVIDED, That such persons shall have the option of applying for membership during such periods of employment: AND PROVIDED FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are members in the retirement system and who have, prior to becoming such members, previously held an elective office, and did not at the start of such initial or successive terms of office exercise their option to become members, may apply for membership to be effective during such term or terms of office, and shall be allowed to establish the service credit applicable to such term or terms of office upon payment of the employee contributions therefor by the employee with interest as determined by the director and employer contributions therefor by the employer or employee with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employee's savings fund and be treated as any other contribution made by the employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall not be considered part of the member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to apply for membership pursuant to (a) of this subsection and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership in the retirement system. A member wishing to end his or her membership under this subsection must file, on a form supplied by the department, a statement indicating that the member agrees to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives more than fifteen thousand dollars per year in compensation for his or her elective service, adjusted annually for inflation by the director, is not eligible for the option provided by this subsection (3)(b);
(4) Employees holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in part by an agency of the state or political subdivision thereof, or who are by reason of their current employment contributing to or otherwise establishing the right to receive benefits from any such retirement plan: PROVIDED, HOWEVER, In any case where the retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby members can retain service credit in more than one system, such an employee shall be allowed membership rights should the agreement so provide: AND PROVIDED FURTHER, That an employee shall be allowed membership if otherwise eligible while receiving survivor's benefits: AND PROVIDED FURTHER, That an employee shall not either before or after June 7, 1984, be excluded from membership or denied service credit pursuant to this subsection solely on account of: (a) Membership in the plan created under chapter 2.14 RCW; or (b) enrollment under the relief and compensation provisions or the pension provisions of the volunteer fire fighters' relief and pension fund under chapter 41.24 RCW;
(5) Patient and inmate help in state charitable, penal, and correctional institutions;
(6) "Members" of a state veterans' home or state soldiers' home;
(7) Persons employed by an institution of higher learning or community college, primarily as an incident to and in furtherance of their education or training, or the education or training of a spouse;
(8) Employees of an institution of higher learning or community college during the period of service necessary to establish eligibility for membership in the retirement plans operated by such institutions;
(9) Persons rendering professional services to an employer on a fee, retainer, or contract basis or when the income from these services is less than fifty percent of the gross income received from the person's practice of a profession;
(10) Persons appointed after April 1, 1963, by the liquor control board as agency vendors;
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees of a labor guild, association, or organization which qualifies as an employer within this chapter shall have the option of applying for membership;
(12) Plan I retirees employed in eligible positions on a temporary basis for a period not to exceed five months in a calendar year: PROVIDED, That if such employees are employed for more than five months in a calendar year in an eligible position they shall become members of the system prospectively;
(13) Persons employed by or appointed or elected as an official of a first class city that has its own retirement system: PROVIDED, That any member elected or appointed to an elective office on or after April 1, 1971, shall have the option of continuing as a member of this system in lieu of becoming a member of the city system. A member who elects to continue as a member of this system shall pay the appropriate member contributions and the city shall pay the employer contributions at the rates prescribed by this chapter. The city shall also transfer to this system all of such member's accumulated contributions together with such further amounts as necessary to equal all employee and employer contributions which would have been paid into this system on account of such service with the city and thereupon the member shall be granted credit for all such service. Any city that becomes an employer as defined in RCW 41.40.010(4) as the result of an individual's election under this subsection shall not be required to have all employees covered for retirement under the provisions of this chapter. Nothing in this subsection shall prohibit a city of the first class with its own retirement system from: (a) Transferring all of its current employees to the retirement system established under this chapter, or (b) allowing newly hired employees the option of continuing coverage under the retirement system established by this chapter.
Notwithstanding any other provision of this chapter, persons transferring from employment with a first class city of over four hundred thousand population that has its own retirement system to employment with the state department of agriculture may elect to remain within the retirement system of such city and the state shall pay the employer contributions for such persons at like rates as prescribed for employers of other members of such system;
(14) Employees who (a) are not citizens of the United States, (b) do not reside in the United States, and (c) perform duties outside of the United States;
(15) Employees who (a) are not citizens of the United States, (b) are not covered by chapter 41.48 RCW, (c) are not excluded from membership under this chapter or chapter 41.04 RCW, (d) are residents of this state, and (e) make an irrevocable election to be excluded from membership, in writing, which is submitted to the director within thirty days after employment in an eligible position;
(16) Employees who are citizens of the United States and who reside and perform duties for an employer outside of the United States: PROVIDED, That unless otherwise excluded under this chapter or chapter 41.04 RCW, the employee may apply for membership (a) within thirty days after employment in an eligible position and membership service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only from the date of application;
(17) The city manager or chief administrative officer of a city or town who serves at the pleasure of an appointing authority: PROVIDED, That such persons shall have the option of applying for membership within thirty days from date of their appointment to such positions. Persons serving in such positions as of April 4, 1986, shall continue to be members in the retirement system unless they notify the director in writing prior to December 31, 1986, of their desire to withdraw from membership in the retirement system. A member who withdraws from membership in the system under this section shall receive a refund of the member's accumulated contributions;
(18) Persons enrolled in state-approved apprenticeship programs, authorized under chapter 49.04 RCW, and who are employed by local governments to earn hours to complete such apprenticeship programs, if the employee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member of a Taft-Hartley retirement plan."
On page 1, line 2 of the title, after "41.32.010," strike "and 41.32.470" and insert "41.32.470, and 41.40.023"
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", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Spanel, McDonald and Bauer; Representatives Sommers, Valle and Silver
MOTION
On motion of Senator Bauer, the Senate adopted the Report of the Conference Committee on Engrossed House Bill No. 2643.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2643, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2643, as recommended by the Conference Committee, 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, 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, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Hargrove and Talmadge - 2.
ENGROSSED HOUSE BILL NO. 2643, as recommended by the Conference Committee, 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 President advanced the Senate to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9447, Robert Turner, as Director of the Department of Fish and Wildlife, was confirmed.
Senators Owen and Oke spoke to the confirmation of Robert Turner as Director of the Department of Fish and Wildlife.
APPOINTMENT OF ROBERT TURNER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 5; Absent, 3; Excused, 1.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Winsley - 40.
Voting nay: Senators Anderson, Moore, Prince, Vognild and Wojahn - 5.
Absent: Senators Newhouse, Rasmussen, M. and Skratek - 3.
Excused: Senator Hargrove - 1.
MOTION
At 10:24 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 12:20 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 6516,
SUBSTITUTE SENATE BILL NO. 6556,
SUBSTITUTE SENATE BILL NO. 6571,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585,
ENGROSSED SENATE BILL NO. 6601, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
SUBSTITUTE HOUSE BILL NO. 2226,
HOUSE BILL NO. 2300,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326,
SUBSTITUTE HOUSE BILL NO. 2412,
HOUSE BILL NO. 2512,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2521,
HOUSE BILL NO. 2583,
HOUSE BILL NO. 2592,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863,
SUBSTITUTE HOUSE BILL NO. 2865,
HOUSE BILL NO. 2867, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
SUBSTITUTE HOUSE BILL NO. 2226,
HOUSE BILL NO. 2300,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326,
SUBSTITUTE HOUSE BILL NO. 2412,
HOUSE BILL NO. 2512,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2521,
HOUSE BILL NO. 2583,
HOUSE BILL NO. 2592,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863,
SUBSTITUTE HOUSE BILL NO. 2865,
HOUSE BILL NO. 2867.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SENATE BILL NO. 6438 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
SB 6438 March 8, 1994
Includes "NEW ITEMS": YES
Providing for the Running Start Program
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SENATE BILL NO. 6438, Providing for the Running Start Program, have had the same under consideration and we recommend that:
The House Education Committee amendment adopted March 4, 1994, be adopted, but without the amendment by Representative Dorn on page 1, line 16, and without the amendment by Representatives Brumsickle and G. Cole on page 1, line 16, thereto, and the following amendments by the Conference Committee be adopted:
On page 1, beginning on line 16, after "(2)" strike "An institution of higher education as defined in RCW 28B.10.016" and insert "Central Washington University, Eastern Washington University, and Washington State University"
On page 1, line 26, after "education." insert "However, students are eligible to enroll in courses or programs in participating universities only if the board of directors of the student's school district has decided to participate in the program. Participating institutions of higher education, in consultation with school districts, may establish admission standards for these students."
HOUSE C0MMITTEE ON EDUCATION AMENDMENT
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.600.300 and 1990 1st ex.s. c 9 s 401 are each amended to read as follows:
((As used in RCW 28A.600.300 through 28A.600.390, community college means a public community college as defined in chapter 28B.50 RCW)) For the purposes of RCW 28A.600.310 through 28A.600.400, "participating institution of higher education" or "institution of higher education" means:
(1) A community or technical college as defined in RCW 28B.50.030; and
(2) An institution of higher education as defined in RCW 28B.10.016 if the institution's governing board decides to participate in the program in RCW 28A.600.310 through 28A.600.400.
Sec. 2. RCW 28A.600.310 and 1993 c 222 s 1 are each amended to read as follows:
(1) Eleventh and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grades may apply to a ((community college or technical college)) participating institution of higher education to enroll in courses or programs offered by the ((community college or technical college)) institution of higher education. If ((a community college or technical college)) the institution of higher education accepts a secondary school pupil for enrollment under this section, the ((community college or technical college)) institution of higher education shall send written notice to the pupil and the pupil's school district within ten days of acceptance. The notice shall indicate the course and hours of enrollment for that pupil.
(2) The pupil's school district shall transmit to the ((community college or technical college)) institution of higher education an amount per each full-time equivalent college student at state-wide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated state-wide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state board for community and technical colleges shall consult on the calculation and distribution of the funds. The ((community college or technical college)) institution of higher education shall not require the pupil to pay any other fees. The funds received by the ((community college or technical college)) institution of higher education from the school district shall not be deemed tuition or operating fees and may be retained by the ((community college or technical college)) institution of higher education. A student enrolled under this subsection shall not be counted for the purpose of determining any enrollment restrictions imposed by the state on the ((community colleges)) institution of higher education.
Sec. 3. RCW 28A.600.320 and 1990 1st ex.s. c 9 s 403 are each amended to read as follows:
A school district shall provide general information about the program to all pupils in grades ten ((and)), eleven, and twelve and the parents and guardians of those pupils. To assist the district in planning, a pupil shall inform the district of the pupil's intent to enroll in ((community college or a vocational-technical institute)) courses at an institution of higher education for credit. Students are responsible for applying for admission to the ((community college or vocational-technical institute)) institution of higher education.
Sec. 4. RCW 28A.600.330 and 1990 1st ex.s. c 9 s 404 are each amended to read as follows:
A pupil who enrolls in ((a community college or a vocational-technical institute)) an institution of higher education in grade eleven may not enroll in postsecondary courses under RCW 28A.600.300 through 28A.600.390 for high school credit and ((community college or vocational-technical institute)) postsecondary credit for more than the equivalent of the course work for two academic years. A pupil who first enrolls in ((a community college or vocational-technical institute)) an institution of higher education in grade twelve may not enroll in postsecondary courses under this section for high school credit and ((community college or vocational-technical institute)) postsecondary credit for more than the equivalent of the course work for one academic year.
Sec. 5. RCW 28A.600.340 and 1990 1st ex.s. c 9 s 405 are each amended to read as follows:
Once a pupil has been enrolled in a postsecondary course((,)) or program((, or vocational-technical institute)) under ((this section)) RCW 28A.600.300 through 28A.600.400, the pupil shall not be displaced by another student.
Sec. 6. RCW 28A.600.350 and 1990 1st ex.s. c 9 s 406 are each amended to read as follows:
A pupil may enroll in a course under RCW 28A.600.300 through 28A.600.390 for both high school credit and ((college level academic and vocational or vocational-technical institute)) postsecondary credit.
Sec. 7. RCW 28A.600.360 and 1990 1st ex.s. c 9 s 407 are each amended to read as follows:
A school district shall grant academic credit to a pupil enrolled in a course for high school credit if the pupil successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the pupil enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of the successful completion of each course in ((a community college or vocational-technical institute)) an institution of higher education shall be included in the pupil's secondary school records and transcript. The transcript shall also note that the course was taken at ((a community college or vocational-technical institute)) an institution of higher education.
Sec. 8. RCW 28A.600.370 and 1990 1st ex.s. c 9 s 408 are each amended to read as follows:
Any state institution of higher education may award postsecondary credit for college level academic and vocational ((or vocational-technical institute)) courses successfully completed by a student while in high school and taken at ((a community college or vocational-technical institute)) an institution of higher education. The state institution of higher education shall not charge a fee for the award of the credits.
Sec. 9. RCW 28A.600.380 and 1990 1st ex.s. c 9 s 409 are each amended to read as follows:
Transportation to and from the ((community college or vocational-technical institute)) institution of higher education is not the responsibility of the school district.
Sec. 10. RCW 28A.600.390 and 1990 1st ex.s. c 9 s 410 are each amended to read as follows:
The superintendent of public instruction, the state board for community and technical colleges ((education)), and the higher education coordinating board shall jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, if rules are necessary. The rules shall be written to encourage the maximum use of the program and shall not narrow or limit the enrollment options under RCW 28A.600.300 through 28A.600.380.
Sec. 11. RCW 28A.600.400 and 1990 1st ex.s. c 9 s 412 are each amended to read as follows:
RCW 28A.600.300 through ((28A.600.395)) 28A.600.390 are in addition to and not intended to adversely affect agreements between school districts and ((community college districts or vocational-technical institutes)) institutions of higher education in effect on April 11, 1990, and in the future.
NEW SECTION. Sec. 12. RCW 28A.600.395 and 1990 1st ex.s. c 9 s 411 are each repealed.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Bauer and Drew; Representatives Dorn and Jones
MOTION
On motion of Senator Bauer, the Senate adopted the Report of the Conference Committee on Senate Bill No. 6438.
MOTION
On motion of Senator Oke, Senators Deccio, McCaslin and Prince were excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6438, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6438, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, 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.
Voting nay: Senator Anderson - 1.
Absent: Senator Hochstatter - 1.
Excused: Senators Deccio, McCaslin and Prince - 3.
SENATE BILL NO. 6438, as recommended by the Conference Committee, 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 President reverted the Senate to the third order of business.
MESSAGE FROM THE GOVERNOR
March 8, 1994
TO THE HONORABLE, THE SENATE AND
THE HOUSE OF REPRESENTATIVES
Ladies and Gentlemen:
In compliance with the provision of Section 11 of Article III of the Constitution of the State of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1993 First Special Session of the Fifty-Third Legislature, copy of which is attached.
Respectfully submitted,
Ed Fleisher, Legal Counsel to the Governor
CONDITIONAL COMMUTATION ORDER
FOR
MALCOLM GODDARD
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
From July through September 1988 and June through August 1989, Malcolm Goddard engaged in sexual contact and sexual activity with three separate victims. Goddard lured two male victims, ages five and three into his basement where he allowed them to touch his penis and play with him. The third victim was a nine year old female whom he also lured into his basement with candy bars and allowed her to play with his penis and actually tried to have sexual intercourse with her.
Mr. Goddard was sentenced by the Superior Court of the state of Washington for Thurston County on June 6, 1991. Mr. Goddard was given sentences of thirty-one months for Child Molestation and sixty-two months for Rape of Child, 1st Degree, to run concurrently. Mr. Goddard was also sentenced to Community Placement for one year.
Mr. Goddard has been confined since June 7, 1991, and is currently incarcerated in the Washington State Reformatory with an anticipated release to Community Placement on November 15, 1994. He has been continually assigned to the hospital unit at the Washington State Reformatory since December 16, 1991. Mr. Goddard has suffered a cerebral hemorrhage. He is seriously disabled and will require nursing home care for the rest of his life. He is not ambulatory and his speech has been affected.
Mr. Goddard is currently ninety years old. Mr. Goddard is unable to participate in programming due to his serious health problems. He retired from the Olympic Canning Company where he worked for over thirty-two years.
The Department of Corrections referred Mr. Goddard to the Clemency and Pardons Board on June 21, 1993. The basis for the request is that Mr. Goddard is severely debilitated and will require care in a skilled nursing facility for the rest of his life. Mr. Goddard's son, Mr. Gerald M. Goddard indicated willingness to help fund a suitable facility for his father's release. The Clemency and Pardons Board, at its September 3, 1993 meeting, reviewed and discussed the petition regarding Mr. Goddard. After deliberation, the Board voted 3-0 to recommend to the Governor that Conditional Clemency be granted on the basis of Mr. Goddard's medical condition and that he be released through the Department of Social and Health Services to an appropriate care facility.
This is an extraordinary case which, because of Mr. Goddard's medical condition, justifies granting Conditional Clemency, at this time, for the remainder of Mr. Goddard's sentence. By this Order, I hereby commute the sentence imposed on Malcolm Goddard to a term of Community Placement not to exceed the term imposed by the sentencing court with the following conditions:
1. Mr. Goddard shall be released from the Washington State Reformatory and placed in a skilled nursing facility or other appropriate facility, based on medical necessity, with specific procedures for his release, transfer, and placement, to be determined by the Department of Corrections in consultation with the Department of Social and Health Services.
2. Upon his placement, Mr. Goddard shall be restricted to the confines of that placement institution, unless specific authorization is otherwise secured by a Community Corrections Officer.
3. In the event that Mr. Goddard violates the conditions of this order or conditions imposed by the Department of Corrections, the Department of Corrections shall return Mr. Goddard to the Washington State Reformatory, or such other institution that the Secretary deems appropriate. Should this occur, this Conditional Clemency shall be revoked and the sentence imposed by the court reinstated without benefit of sentence reduction credits.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Malcolm Goddard, Department of Corrections inmate #979335, and commute his sentence subject and pursuant to the conditions set forth herein.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this 1st day of December, A.D., nineteen hundred and ninety-three.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
DONALD F. WHITING
Secretary of State, Assistant
COMMUTATION ORDER
FOR
PEGGY SUE MILLER
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On July 4, 1977, Peggy Sue Miller shot and killed Mrs. Myrtle Boston. Ms. Miller performed this act at the request of Mr. Jeff Boston, the victim's son. Ms. Miller plead guilty to the crime of Murder in the First Degree and was sentenced to life imprisonment on October 17, 1978.
Ms. Miller is currently being held temporarily at the Asotin County Jail. Until February, 1993, she has been incarcerated at the Washington Corrections Center for women in Purdy. Ms. Miller was moved to Asotin County in order to testify against Jeff Boston. Mr. Boston had been at large since the murder, living in Florida under an assumed name.
According to both the Asotin County Prosecutor and Sheriff, at the time of the murder, Ms. Miller was a 24 year old drug and alcohol addict who worked as a part time prostitute to support her habit. Over the past 16 years, Ms. Miller has led a remarkably different life.
Ms. Miller has successfully participated in drug and alcohol abuse therapy and counseling. Additionally she has studied psychology and human and animal behavior. She has worked to help herself and fellow inmates to admit wrongdoing and shortcomings in order to become responsible, caring members of society.
Since its inception in 1982, Ms. Miller has participated and become a leader in the prisoner pet partnership program where inmates train dogs to assist individuals with developmental disabilities. Over the years, she has gained national recognition for her efforts in this highly specialized area.
She has been the subject of numerous magazine and trade journal articles and has appeared on network television as a result of the success of her efforts. Ms. Miller has received numerous letters of support from organizations involved in the training of dogs and at least one job offer.
In 1990, in setting a standard range sentence as required by law, the Indeterminate Sentence Review Board set a minimum term for Ms. Miller at 331 months. In setting this term, the Board sought but did not receive an updated recommendation from the judge and prosecutor in Asotin County. Due to the length of this minimum sentence, Ms. Miller is not currently eligible for a parolability hearing until April, 1997.
On June 11, 1993, the Clemency and Pardons Board met to consider Ms. Miller's case. The exemplary behavior and efforts of Ms. Miller during her period of incarceration, along with the support of the Asotin County Sheriff and Prosecutor and those best able to judge her dog training efforts, let the Board to recommend a grant of conditional clemency.
This is an exceptional case, worthy of executive intervention.
By this order, I hereby commute Ms. Miller's minimum sentence of 331 months to 264 months, solely for the purpose of allowing the Indeterminate Sentence Review Board the opportunity to conduct a parolability hearing immediately, rather than in April, 1997.
It has been the experience of the Indeterminate Sentence Review board that offenders incarcerated ten years of more benefit greatly from a transition program that provides a structured transition from prison to the community. It is my opinion that the board is the proper body to determine the exact scope and nature of such a transition program, should they determine that release is appropriate.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the power invested in me by the laws of the state of Washington, do hereby grant a commutation of sentence for Peggy Sue Miller, Department of Corrections #262088, reducing her minimum sentence of 331 months to 264 months.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this 30th day of June, A.D., nineteen hundred and ninety-three.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
DONALD F. WHITING
Secretary of State, Assistant
CONDITIONAL COMMUTATION ORDER
FOR
STEPHEN G. FARMER
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
In two separate incidents during 1987, Stephen Farmer solicited sexual activity from two juveniles. One victim, a sixteen year old male, agreed to have sexual intercourse with Mr. Farmer. Mr. Farmer took some explicit photographs of the victim, engaged in sexual intercourse with the victim, and then refused to allow the victim to leave for approximately three hours. The second victim was also a sixteen year old male. Mr. Farmer also took explicit photographs and engaged in sexual intercourse with this individual.
Mr. Farmer was sentenced by the Superior Court of the state of Washington for King County on July 1, 1988. Mr. Farmer was given terms of forty-five months each for Sexual Exploitation of a Minor, Counts 1 and 4, and twelve months each for Patronizing a Juvenile Prostitute, Counts 2 and 3. Counts 1 and 2 were ordered to run consecutive to Counts 3 and 4. The terms imposed were exceptional, based on Mr. Farmer engaging in sexual intercourse with two minors and the fact testimony was given at trial, albeit later recanted, that at the time of the commission of these crimes, Mr. Farmer knew he was positive for the AIDS virus and that he could pass on the virus to the victims.
Mr. Farmer has been incarcerated since June 17, 1992, and is currently housed at the Twin Rivers Corrections Center with an anticipated release date of July 9, 1996. Mr. Farmer has not been a management problem during incarceration. He has participated in educational activities, but medical restrictions have limited his ability to perform work activities. A current evaluation assesses Mr. Farmer's likelihood of re-offending as relatively low.
Dr. Robert Coombs, Assistance Professor and Clinical Director at the University of Washington Medical Center Virology Clinic reported to the Clemency and Pardons Board on August 24, 1993, in part, as follows:
Since last writing to you concerning this matter on March 10, 1993, Mr. Farmer has had a further deterioration in his health with continued weight loss, fatigue and importantly, he has not developed an AIDS-related cancer, Kaposi's Sarcoma....
In short, Mr. Farmer is dying. Mr. Farmer's condition is grave and his median expected survival is 12 months from the time his CD4 cell count dropped below 50/micro liter, approximately 6 months ago.
Mr. Farmer petitioned the Clemency and Pardons Board for extraordinary release on the basis of his grave medical condition. On September 3, 1993, the Clemency and Pardons Board reviewed and discussed the petition of Mr. Farmer. Testimony and associated documents were presented on his behalf by his attorney, Lenell Nussbaum, and others. After deliberation, the Board voted 3-0 to recommend to the Governor that Conditional Clemency be granted on the basis of Mr. Farmer's medical condition.
This is an extraordinary case which, because of Mr. Farmer's medical condition, justifies granting Conditional Clemency at this time, for the remainder of this sentence. By this Order, I hereby commute the sentence imposed upon Stephen Farmer to a term of Community Placement not to exceed the term imposed by the sentencing court with the following conditions:
1. Mr. Farmer shall be released by the Department of Corrections when, in the opinion of the Secretary of the Department of Corrections, due to Mr. Farmer's medical status and the placement conditions noted below, he presents minimal criminal threat to the community.
2. Upon his placement, Mr. Farmer shall have his access limited only to the confines of that placement institution, unless specific authorization otherwise is secured from a Community Corrections Officer.
3. In the event that Mr. Farmer's condition improves to the point, in the opinion of the Secretary of the Department of Correction, he presents a viable criminal threat to the community, the Department of Corrections shall return Mr. Farmer to Twin Rivers Corrections Center, or such other institution that the Secretary deems appropriate, until such time as that threat is alleviated and/or his full sentence is completed without benefit of sentence reduction credits; and
4. In the event that Mr. Farmer violates the conditions of this Order or the conditions imposed by the Department of Corrections, the Department of Corrections shall return Mr. Farmer to Twin Rivers Corrections Center, or such other institution that the Secretary deems appropriate. Should this occur, this Conditional Clemency shall be revoked and the sentence imposed by the court reinstated without benefit of sentence reduction credits.
The Department of Corrections, in consultation with the Department of Social and Health Services, shall set further conditions as deemed necessary to meet the general conditions enumerated above.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Stephen G. Farmer, Department of Corrections #936785, and commute his sentence subject and pursuant to the conditions set forth herein.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this 1st day of December, A.D., nineteen hundred and ninety-three.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
DONALD F. WHITING
Secretary of State, Assistant
MOTION
At 12:21 p.m., on motion of Senator Spanel, the Senate recessed until 1:30 p.m.
The Senate was called to order at 2:05 p.m. by President Pritchard.
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 6041 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representative Morris, Mastin and Long.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Ludwig, the Senate refuses to grant the request of the House for a conference on Senate Bill No. 6041 and the House amendments thereto, insists on its position and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 6278 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
SSB 6278 March 9, 1994
Includes "NEW ITEMS": YES
Authorizing cities and towns to use their special excise tax for public restroom facilities intended for visitors
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6278, Authorizing cities and towns to use their special excise tax for public restroom facilities intended for visitors, have had the same under consideration and we recommend that:
The House amendment not be adopted, and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 67.28.210 and 1993 c 197 s 1 and 1993 c 46 s 1 are each reenacted and amended to read as follows:
All taxes levied and collected under RCW 67.28.180, 67.28.240, and 67.28.260 shall be credited to a special fund in the treasury of the county or city imposing such tax. Such taxes shall be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operating of stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or purposes under this chapter, or to pay for advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion when a county or city has imposed such tax for such purpose, or as one of the purposes hereunder, and until withdrawn for use, the moneys accumulated in such fund or funds may be invested in interest bearing securities by the county or city treasurer in any manner authorized by law. In addition such taxes may be used to develop strategies to expand tourism: PROVIDED, That any county, and any city within a county, bordering upon Grays Harbor may use the proceeds of such taxes for construction and maintenance of a movable tall ships tourist attraction in cooperation with a tall ships restoration society, except to the extent that such proceeds are used for payment of principal and interest on debt incurred prior to June 11, 1986: PROVIDED FURTHER, That any city or county may use the proceeds of such taxes for the refurbishing and operation of a steam railway for tourism promotion purposes: PROVIDED FURTHER, That any city bordering on the Pacific Ocean or on Baker Bay with a population of not less than ((one thousand)) eight hundred and the county in which such a city is located may use the proceeds of such taxes for funding special events or festivals, or promotional infrastructures including but not limited to an ocean beach boardwalk: PROVIDED FURTHER, That any county which imposes a tax under RCW 67.28.182 or any city with a population less than fifty thousand in such county may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors: PROVIDED FURTHER, That any county made up entirely of islands, ((city or town, if the)) and any city or town that has a population less than five thousand, may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors.
NEW SECTION. Sec. 2. Any county that commenced use of the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities, prior to March 10, 1994, may continue to use such proceeds until the facilities are completed or December 31, 1995, whichever date is earlier.
This section expires January 1, 1996."
On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "reenacting and amending RCW 67.28.210; and creating a new section.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Loveland, Winsley and Haugen; Representatives Holm and G. Fisher
MOTION
On motion of Senator Haugen, the twenty-four hour rule was suspended to consider the Report of the Conference Committee on Substitute Senate Bill No. 6278.
MOTION
On motion of Senator Haugen, the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 6278, under suspension of the twenty-four hour rule.
MOTIONS
On motion of Senator Oke, Senator Moyer was excused.
On motion of Senator Drew, Senator Williams was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6278, as recommended by the Conference Committee under suspension of the twenty-four hour rule.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6278, as recommended by the Conference Committee under suspension of the twenty-four hour rule, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 42.
Voting nay: Senators Anderson, Cantu, Erwin and Prince - 4.
Excused: Senators McCaslin, Moyer and Williams - 3.
SUBSTITUTE SENATE BILL NO. 6278, as recommended by the Conference Committee under suspension of the twenty-four rule, 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.
CONFERENCE COMMITTEE REPORT
E2SHB 2510 March 9, 1994
Includes "NEW ITEMS": YES
Implementing regulatory reform
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510, Implementing regulatory reform, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 34.05.310 and 1993 c 202 s 2 are each amended to read as follows:
(1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies ((are encouraged to:
(1))) shall solicit comments from the public on a subject of possible rule making before publication of a notice of proposed rule adoption under RCW 34.05.320. ((This process can be accomplished by having a notice published in the state register of the subject under active consideration and indicating where, when, and how persons may comment; and)) The agency shall prepare a statement of intent that:
(a) States the specific statutory authority for the new rule;
(b) Identifies the reasons the new rule is needed;
(c) Identifies the goals of the new rule;
(d) Describes the process by which the rule will be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; and
(e) Specifies the process by which interested parties can effectively participate in the formulation of the new rule.
The statement of intent shall be filed with the code reviser for publication in the state register and shall be sent to any party that has requested receipt of the agency's statements of intent.
(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:
(a) Negotiated rule making which includes:
(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;
(((b))) (ii) Soliciting participation by persons who are capable, willing, and appropriately authorized to enter into such negotiations;
(((c))) (iii) Assuring that participants fully recognize the consequences of not participating in the process, are committed to negotiate in good faith, and recognize the alternatives available to other parties;
(((d))) (iv) Establishing guidelines to encourage consideration of all pertinent issues, to set reasonable completion deadlines, and to provide fair and objective settlement of disputes that may arise;
(((e))) (v) Agreeing on a reasonable time period during which the agency will be bound to the rule resulting from the negotiations without substantive amendment; and
(((f))) (vi) Providing a mechanism by which one or more parties may withdraw from the process or the negotiations may be terminated if it appears that consensus cannot be reached on a draft rule that accommodates the needs of the agency, interested parties, and the general public and conforms to the legislative intent of the statute that the rule is intended to implement; and
(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.
(3)(a) An agency must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.
(b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided.
Sec. 2. RCW 34.05.370 and 1988 c 288 s 313 are each amended to read as follows:
(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.
(2) The agency rule-making file shall contain all of the following:
(a) Copies of all publications in the state register with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) The concise explanatory statement required by RCW 34.05.355;
(f) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule; ((and))
(g) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public;
(h) The written summary and response required by RCW 34.05.325(6); and
(i) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
Sec. 3. RCW 34.05.350 and 1989 c 175 s 10 are each amended to read as follows:
(1) If an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; or
(b) That state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule,
the agency may dispense with those requirements and adopt, amend, or repeal the rule on an emergency basis. The agency's finding and a concise statement of the reasons for its finding shall be incorporated in the order for adoption of the emergency rule or amendment filed with the office of the code reviser under RCW 34.05.380 and with the rules review committee.
(2) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than one hundred twenty days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any sanction imposed based on that rule is void. This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.
(4) In adopting an emergency rule, the agency shall comply with section 4 of this act or provide a written explanation for its failure to do so.
NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW under the subchapter heading Part III to read as follows:
(1) In addition to other requirements imposed by law, an agency may adopt a rule only if it determines that:
(a) The rule is needed;
(b) The likely benefits of the rule justify its likely costs;
(c) There are no reasonable alternatives to the rule that were presented during the public comment period that would be as effective but less burdensome on those required to comply;
(d) Any fee imposed will generate no more revenue than is necessary to achieve the objectives of the statute authorizing the fee;
(e) The rule does not conflict with any other provision of federal or state law;
(f) Any overlap or duplication of the rule with any other provision of federal or state law is necessary to achieve the objectives of the statute upon which the rule is based or expressly authorized by statute;
(g) Any difference between the rule and any provision of federal law regulating the same activity or subject matter is necessary to achieve the objectives of the statute upon which the rule is based or expressly authorized by statute; and
(h) Any difference between the rule's application to public and private entities is necessary to achieve the objectives of the statute upon which the rule is based or expressly authorized by statute.
(2) The agency shall prepare a written description of its determinations under subsection (1) of this section. This description shall be part of the official rule-making file for the rule.
(3) This section applies only to a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale.
NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW to read as follows:
(1) Within a reasonable period of time after adopting rules covered by section 4 of this act, an agency shall have a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency intends to: (a) Inform and educate affected persons about the rule; (b) promote voluntary compliance; and (c) evaluate whether the rule achieves the purpose for which it was adopted.
(2) After the adoption of a rule covered by section 4 of this act regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:
(a) Provide to the business assistance center a list citing by reference the other federal and state laws that regulate the same activity or subject matter;
(b) Coordinate implementation and enforcement of the rule with the other federal and state entities regulating the same activity or subject matter by making every effort to do one or more of the following: (i) Defer to the other entity; (ii) designate a lead agency; or (iii) enter into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement. If the agency is unable to do this, the agency shall report to the legislature pursuant to (c) of this subsection;
(c) Report to the joint administrative rules review committee: (i) The existence of any overlap or duplication of other federal or state laws, any differences from federal law, and any known overlap, duplication, or conflict with local laws; and (ii) legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference.
Sec. 6. RCW 34.05.330 and 1988 c 288 s 305 are each amended to read as follows:
(1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. Each agency may prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (((1))) (a) either deny the petition in writing, stating its reasons for the denial, or (((2))) (b) initiate rule-making proceedings in accordance with this chapter.
(2) If any department listed in RCW 43.17.010 denies a petition to repeal or amend a rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the governor. The petitioner may file notice of the appeal with the code reviser for publication in the Washington State Register. Within sixty days after receiving the appeal, the governor shall either reject the appeal in writing, stating his or her reasons for the rejection, or order the agency to initiate rule-making proceedings in accordance with this chapter.
(3) In petitioning or appealing under this section, the person should address, among other factors:
(a) Whether the agency complied with sections 4 and 5 of this act;
(b) Whether the agency has established an adequate internal rules review process, allowing public participation, and has subjected the rule to that review;
(c) Whether the rule conflicts with, overlaps, or duplicates any other provision of federal, state, or local law and, if so, whether the agency has taken steps to mitigate any adverse effects of the conflict, overlap, or duplication;
(d) The extent to which technology, social or economic conditions, or other relevant factors have changed since the rule was adopted, and whether, given those changes, the rule continues to be necessary and appropriate;
(e) Whether the statute that the rule implements has been amended or repealed by the legislature, or ruled invalid by a court.
(4) The governor's office shall provide a copy of the governor's ruling under subsection (2) of this section to anyone upon request.
Sec. 7. RCW 34.05.325 and 1992 c 57 s 1 are each amended to read as follows:
(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.
(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.
(5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.
(6) Before the adoption of a final rule, an agency shall prepare a written summary of all comments received regarding the proposed rule, and a substantive response to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so. The agency shall provide the written summary and response to any person upon request or from whom the agency received comment.
Sec. 8. RCW 34.05.355 and 1988 c 288 s 310 are each amended to read as follows:
(((1))) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (((a))) (1) the agency's reasons for adopting the rule, and (((b))) (2) a description of any difference between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for change.
(((2) Upon the request of any interested person within thirty days after adoption of a rule, the agency shall issue a concise statement of the principal reasons for overruling the considerations urged against its adoption.))
NEW SECTION. Sec. 9. A new section is added to chapter 19.85 RCW to read as follows:
The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses. The legislature therefore enacts the regulatory fairness act with the intent of reducing the disproportionate impact of state administrative rules on small business.
Sec. 10. RCW 19.85.020 and 1993 c 280 s 34 are each amended to read as follows:
Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.
(2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in any one ((three-digit)) four-digit standard industrial classification as published by the United States department of commerce. However, if the use of a four-digit standard industrial classification would result in the release of data that would violate state confidentiality laws, "industry" means all businesses in a three-digit standard industrial classification.
Sec. 11. RCW 19.85.030 and 1989 c 374 s 2 and 1989 c 175 s 72 are each reenacted and amended to read as follows:
(1) In the adoption of any rule pursuant to RCW 34.05.320 that will ((have an economic impact)) impose more than minor costs on more than twenty percent of all industries, or more than ten percent of any one industry, the adopting agency:
(((1))) (a) Shall reduce the economic impact of the rule on small business by doing one or more of the following when it is legal and feasible in meeting the stated objective of the statutes which are the basis of the proposed rule:
(((a))) (i) Establish differing compliance or reporting requirements or timetables for small businesses;
(((b))) (ii) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses;
(((c))) (iii) Establish performance rather than design standards;
(((d))) (iv) Exempt small businesses from any or all requirements of the rule;
(v) Reduce or modify fine schedules for noncompliance; and
(vi) Other mitigation techniques;
(((2))) (b) Before filing notice of a proposed rule, shall prepare a small business economic impact statement in accordance with RCW 19.85.040 and file ((such)) notice of how the person can obtain the statement with the code reviser ((along with)) as part of the notice required under RCW 34.05.320;
(2) If requested to do so by a majority vote of the joint administrative rules review committee within thirty days after notice of the proposed rule is published in the state register, an agency shall prepare a small business economic impact statement on the proposed rule before adoption of the rule. Upon completion, an agency shall provide a copy of the small business economic impact statement to any person requesting it.
(3) An agency may request assistance from the business assistance center in the preparation of the small business economic impact statement.
(4) The business assistance center shall develop guidelines to assist agencies in determining whether a proposed rule will impose more than minor costs on businesses in an industry and therefore require preparation of a small business economic impact statement. The business assistance center may review an agency determination that a proposed rule will not impose such costs, and shall advise the joint administrative rules review committee on disputes involving agency determinations under this section.
Sec. 12. RCW 19.85.040 and 1989 c 374 s 3 and 1989 c 175 s 73 are each reenacted and amended to read as follows:
(1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. ((A small business economic impact statement)) It shall analyze((, based on existing data,)) the costs of compliance for businesses required to comply with the ((provisions of a)) proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs((, and)). It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must compare ((to the greatest extent possible)) the cost of compliance for small business with the cost of compliance for the ten percent of ((firms which)) businesses that are the largest businesses required to comply with the proposed ((new or amendatory)) rules((. The small business economic impact statement shall use)) using one or more of the following as a basis for comparing costs:
(((1))) (a) Cost per employee;
(((2))) (b) Cost per hour of labor; or
(((3))) (c) Cost per one hundred dollars of sales((;
(4) Any combination of (1), (2), or (3))).
(2) A small business economic impact statement must also include:
(a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(1), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(1);
(b) A description of how the agency will involve small businesses in the development of the rule; and
(c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply.
(3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business.
NEW SECTION. Sec. 13. A new section is added to chapter 19.85 RCW to read as follows:
Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal law. In lieu of the statement required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal law with which the rule is being adopted to conform or comply, and describing the consequences to the state if the rule is not adopted.
Sec. 14. RCW 34.05.320 and 1992 c 197 s 8 are each amended to read as follows:
(1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:
(a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;
(b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;
(c) A summary of the rule and a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;
(h) When, where, and how persons may present their views on the proposed rule;
(i) The date on which the agency intends to adopt the rule;
(j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make; and
(k) A statement indicating how a person can obtain a copy of the small business economic impact statement((, if applicable, and a statement of steps taken to minimize the economic impact in accordance with RCW 19.85.030)) prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement.
(2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the rules review committee.
(3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing individual mailed copies of these notices.
(4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.
NEW SECTION. Sec. 15. A new section is added to chapter 43.31 RCW to read as follows:
To assist state agencies in reducing regulatory costs to small business and to promote greater public participation in the rule-making process, the business assistance center shall:
(1) Develop agency guidelines for the preparation of a small business economic impact statement and compliance with chapter 19.85 RCW;
(2) Review and provide comments to agencies on draft or final small business economic impact statements;
(3) Advise the joint administrative rules review committee on whether an agency reasonably assessed the costs of a proposed rule and reduced the costs for small business as required by chapter 19.85 RCW; and
(4) Organize and chair a state rules coordinating committee, consisting of agency rules coordinators and interested members of the public, to develop an education and training program that includes, among other components, a component that addresses voluntary compliance, for agency personnel responsible for rule development and implementation. The business assistance center shall submit recommendations to the department of personnel for an administrative procedures training program that is based on the sharing of interagency resources.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1) RCW 19.85.010 and 1982 c 6 s 1;
(2) RCW 19.85.060 and 1989 c 374 s 5; and
(3) RCW 19.85.080 and 1992 c 197 s 2.
Sec. 17. RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:
Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including section 4 of this act and chapter 19.85 RCW, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
Sec. 18. RCW 34.05.630 and 1993 c 277 s 1 are each amended to read as follows:
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the legislature.
(2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule or whether they are within the intent of the legislature as expressed by the governing statute.
(3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, including section 4 of this act if the rule was adopted after the effective date of section 4 of this act and chapter 19.85 RCW, (c) that an agency is using a policy statement, guideline, or issuance in place of a rule, or (d) that the policy statement, guideline, or issuance is outside of legislative intent, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including section 4 of this act if the rule was adopted after the effective date of section 4 of this act and chapter 19.85 RCW, (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule, or (d) whether the policy statement, guideline, or issuance is within the legislative intent.
Sec. 19. RCW 34.05.640 and 1993 c 277 s 2 are each amended to read as follows:
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.
(2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that an existing rule was not adopted in accordance with all applicable provisions of law, including section 4 of this act if the rule was adopted after the effective date of section 4 of this act and chapter 19.85 RCW, or (c) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
(3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a ((two-thirds)) majority vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.
(4) If the governor disapproves the recommendation of the rules review committee to suspend the rule, the transmittal of such decision, along with the findings of the rules review committee, shall be treated by the agency as a petition by the rules review committee to repeal the rule under RCW 34.05.330.
(5) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.
(((5))) (6) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.
Sec. 20. RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:
(1) It is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings interpreting such rules.
(2) Notwithstanding subsection (1) of this section, if the joint administrative rules review committee, by a two-thirds vote of its members, recommends to the governor that an existing rule be suspended because it does not conform with the intent of the legislature, the recommendation shall establish a rebuttable presumption in any proceeding challenging the validity of the rule that the rule is invalid. The burden of demonstrating the rule's validity is then on the adopting agency.
NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:
(1) RCW 34.05.670 and 1992 c 197 s 3; and
(2) RCW 34.05.680 and 1992 c 197 s 4.
NEW SECTION. Sec. 22. The department of community, trade, and economic development shall develop a standardized format for reporting information that is commonly required from the public by state, local, and where appropriate, federal government agencies for permits, licenses, approvals, and services. In the development of the format, the department shall work in conjunction with representatives from state, local, and where appropriate, federal government agencies. In developing the standardized format, the department shall also consult with representatives of both small and large businesses in the state.
The department shall submit the standardized format together with recommendations for implementation to the legislature by December 31, 1994.
NEW SECTION. Sec. 23. A new section is added to chapter 34.05 RCW to read as follows:
(1) This section applies only to the department of revenue, the employment security department, the department of ecology, the department of labor and industries, the department of health, the department of licensing, and the department of fish and wildlife for rules other than those that deal only with seasons, catch or bag limits, gear types, or geographical areas for fishing or shellfish removal.
(2) If a business entity has written to an agency listed in subsection (1) of this section requesting technical assistance to comply with specific types of the agency's statutes or rules, the agency may immediately impose a penalty otherwise provided for by law for a violation of a statute or administrative rule only if the business entity on which the penalty will be imposed has: (a) Previously violated the same statute or rule; or (b) knowingly violated the statute or rule. Where a penalty is otherwise provided, but may not be imposed under this subsection, the agency shall issue a statement of deficiency.
(3) A statement of deficiency shall specify: (a) The particular rule violated; (b) the steps the entity must take to comply with the rule; (c) any agency personnel designated by the agency to provide technical assistance regarding compliance with the rule; and (d) a date by which the entity is required to comply with the rule. The date specified shall provide a reasonable period of time for the entity to comply with the rule, considering the size of the entity, its available resources, and the threat posed by the violation. If the entity fails to comply with the rule by the date specified, it shall be subject to the penalty otherwise provided in law.
(4) Subsection (2) of this section shall not apply to any violation that places a person in danger of death or bodily harm, is causing or is likely to cause more than minor environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars. With regard to a statute or rule requiring the payment of a tax, subsection (2) of this section shall not apply if the amount of taxes actually owed by the business entity exceeds the amount paid by more than one thousand dollars and shall not be construed to relieve anyone from the obligation to pay interest on taxes owed.
(5) The state, the agency, and officers or employees of the state shall not be liable for damages to any person to the extent that liability is asserted to arise from the technical assistance provided under this section, or if liability is asserted to arise from the failure of the agency to supply technical assistance.
(6) An agency need not comply with this section if compliance may be in conflict with a requirement of federal law for obtaining or maintaining state authority to administer a federally delegated program; however, the agency shall submit a written petition to the appropriate federal agency for authorization to comply with this section for all inspections while obtaining or maintaining the state's federal delegation and shall comply with this section to the extent authorized by the appropriate federal agency.
Sec. 24. RCW 34.05.220 and 1989 c 175 s 4 are each amended to read as follows:
(1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal and informal procedures prescribed or authorized by this chapter and rules of practice before the agency, together with forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the chief administrative law judge under RCW 34.05.250 govern procedures before the agency.
(b) To assist interested persons dealing with it, each agency shall adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information and make submissions or requests. No person may be required to comply with agency procedure not adopted as a rule as herein required.
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state law, each agency shall keep on file for public inspection all final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or effective against any person, nor may it be invoked by the agency for any purpose, unless it is available for public inspection. This subsection is not applicable in favor of any person who has actual knowledge of the order, decision, or opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or adopted by an agency should be clearly and simply stated, so that it can be understood by those required to comply.
Sec. 25. RCW 34.05.534 and 1988 c 288 s 507 are each amended to read as follows:
A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is being challenged, or available within any other agency authorized to exercise administrative review, except:
(1) A petitioner for judicial review of a rule need not have participated in the rule-making proceeding upon which that rule is based, ((or)) have petitioned for its amendment or repeal, or have appealed a petition for amendment or repeal to the governor;
(2) A petitioner for judicial review need not exhaust administrative remedies to the extent that this chapter or any other statute states that exhaustion is not required; or
(3) The court may relieve a petitioner of the requirement to exhaust any or all administrative remedies upon a showing that:
(a) The remedies would be patently inadequate;
(b) The exhaustion of remedies would be futile; or
(c) The grave irreparable harm that would result from having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies.
Sec. 26. RCW 36.70A.290 and 1991 sp.s. c 32 s 10 are each amended to read as follows:
(1) All requests for review to a growth ((planning)) management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.
(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city. The date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published. Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto. The date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.
Sec. 27. RCW 36.70A.110 and 1993 sp.s. c 6 s 2 are each amended to read as follows:
(1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth.
(2) Based upon the population growth management planning population projection made for the county by the office of financial management, the urban growth areas in the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
(3) Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.
(4) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth ((planning)) management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.
(5) Each county shall include designations of urban growth areas in its comprehensive plan.
Sec. 28. RCW 36.70A.210 and 1993 sp.s. c 6 s 4 are each amended to read as follows:
(1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows:
(a) No later than sixty calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management.
(b) The process and framework for adoption of a county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of community, trade, and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction.
(e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a county-wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide planning policy.
(3) A county-wide planning policy shall at a minimum, address the following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;
(c) Policies for siting public capital facilities of a county-wide or state-wide nature;
(d) Policies for county-wide transportation facilities and strategies;
(e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
(f) Policies for joint county and city planning within urban growth areas;
(g) Policies for county-wide economic development and employment; and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county-wide planning policies shall be adhered to by state agencies.
(5) Failure to adopt a county-wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county-wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.
(6) Cities and the governor may appeal an adopted county-wide planning policy to the growth ((planning)) management hearings board within sixty days of the adoption of the county-wide planning policy.
(7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.
Sec. 29. RCW 36.70A.250 and 1991 sp.s. c 32 s 5 are each amended to read as follows:
(1) There are hereby created three growth ((planning)) management hearings boards for the state of Washington. The boards shall be established as follows:
(a) An Eastern Washington board with jurisdictional boundaries including all counties that are required to or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains;
(b) A Central Puget Sound board with jurisdictional boundaries including King, Pierce, Snohomish, and Kitsap counties; and
(c) A Western Washington board with jurisdictional boundaries including all counties that are required or choose to plan under RCW 36.70A.040 and are located west of the crest of the Cascade mountains and are not included in the Central Puget Sound board jurisdictional boundaries. Skamania county, should it be required or choose to plan under RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of either the Western or Eastern board.
(2) Each board shall only hear matters pertaining to the cities and counties located within its jurisdictional boundaries.
Sec. 30. RCW 36.70A.260 and 1991 sp.s. c 32 s 6 are each amended to read as follows:
(1) Each growth ((planning)) management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the applicable board. At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official. Each board shall be appointed by the governor and not more than two members at the time of appointment or during their term shall be members of the same political party. No more than two members at the time of appointment or during their term shall reside in the same county.
(2) Each member of a board shall be appointed for a term of six years. A vacancy shall be filled by appointment by the governor for the unexpired portion of the term in which the vacancy occurs. The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998.
Sec. 31. RCW 36.70A.280 and 1991 sp.s. c 32 s 9 are each amended to read as follows:
(1) A growth ((planning)) management hearings board shall hear and determine only those petitions alleging either:
(a) That a state agency, county, or city is not in compliance with the requirements of this chapter, or chapter 43.21C RCW as it relates to plans, regulations, ((and)) or amendments ((thereto)), adopted under RCW 36.70A.040; or
(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
Sec. 32. RCW 36.70A.310 and 1991 sp.s. c 32 s 12 are each amended to read as follows:
A request for review by the state to a growth ((planning)) management hearings board may be made only by the governor, or with the governor's consent the head of an agency, or by the commissioner of public lands as relating to state trust lands, for the review of whether: (1) A county or city that is required or chooses to plan under RCW 36.70A.040 has failed to adopt a comprehensive plan or development regulations, or county-wide planning policies within the time limits established by this chapter; or (2) a county or city that is required or chooses to plan under this chapter has adopted a comprehensive plan, development regulations, or county-wide planning policies, that are not in compliance with the requirements of this chapter.
Sec. 33. RCW 36.70A.345 and 1993 sp.s. c 6 s 5 are each amended to read as follows:
The governor may impose a sanction or sanctions specified under RCW 36.70A.340 on: (1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or mineral resource lands by the date such action was required to have been taken; (3) a county that fails to designate urban growth areas under RCW 36.70A.110 by the date such action was required to have been taken; and (4) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.
Imposition of a sanction or sanctions under this section shall be preceded by written findings by the governor, that either the county or city is not proceeding in good faith to meet the requirements of the act; or that the county or city has unreasonably delayed taking the required action. The governor shall consult with and communicate his or her findings to the appropriate growth ((planning)) management hearings board prior to imposing the sanction or sanctions. For those counties or cities that are not required to plan or have not opted in, the governor in imposing sanctions shall consider the size of the jurisdiction relative to the requirements of this chapter and the degree of technical and financial assistance provided.
NEW SECTION. Sec. 34. A new section is added to chapter 35.21 RCW to read as follows:
(1) Before a city or town adopts a law that regulates the same activity or subject matter as another provision of federal or state law, the city or town shall:
(a) Contact appropriate state and federal government entities regulating the same activity or subject matter to identify areas of conflict, overlap, or duplication; and
(b) Make every effort to avoid conflict, overlap, and duplication;
(2) After the adoption of a law that conflicts with, overlaps, or duplicates other laws, the city or town shall:
(a) Notify the state and federal entities of the adoption of the law and the areas of conflict, overlap, and duplication; and
(b) Make every effort to coordinate implementation of the law with the appropriate state and federal entities.
NEW SECTION. Sec. 35. A new section is added to chapter 36.01 RCW to read as follows:
(1) Before a county adopts a law that regulates the same activity or subject matter as another provision of federal or state law, the county shall:
(a) Contact appropriate state and federal government entities regulating the same activity or subject matter to identify areas of conflict, overlap, or duplication; and
(b) Make every effort to avoid conflict, overlap, and duplication;
(2) After the adoption of a law that conflicts with, overlaps, or duplicates other laws, the county shall:
(a) Notify the state and federal entities of the adoption of the law and the areas of conflict, overlap, and duplication; and
(b) Make every effort to coordinate implementation of the law with the appropriate state and federal entities.
NEW SECTION. Sec. 36. This act applies prospectively only and not retroactively.
NEW SECTION. Sec. 37. Section 10 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 38. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
On page 1, line 2 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 34.05.310, 34.05.370, 34.05.350, 34.05.330, 34.05.325, 34.05.355, 19.85.020, 34.05.320, 34.05.620, 34.05.630, 34.05.640, 34.05.660, 34.05.220, 34.05.534, 36.70A.290, 36.70A.110, 36.70A.210, 36.70A.250, 36.70A.260, 36.70A.280, 36.70A.310, and 36.70A.345; reenacting and amending RCW 19.85.030 and 19.85.040; adding new sections to chapter 34.05 RCW; adding new sections to chapter 19.85 RCW; adding a new section to chapter 43.31 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; creating new sections; repealing RCW 19.85.010, 19.85.060, 19.85.080, 34.05.670, and 34.05.680; prescribing penalties; and providing an effective date.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Moore and Sheldon; Representatives R. Meyers and Anderson
MOTION
Senator Moore moved that the Senate do adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2510.
Debate ensued.
POINT OF INQUIRY
Senator Amondson: "Senator Moore, will the determinations made by the agencies in Section 4 of the Conference Report be subject to judicial review?"
Senator Moore: "Yes, the intent, I think, of our committee originally, as well as the Conference Committee, meant that this section is subject to judicial review. That is my feeling and I think it is the feeling of everybody involved."
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Moore that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2510.
The motion by Senator Moore carried and the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2510 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2510, as recommended by the Conference Committee.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2510, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Gaspard, Hargrove, Loveland, Ludwig, McAuliffe, Moore, Newhouse, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Wojahn - 26.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Fraser, Haugen, Hochstatter, McDonald, Morton, Moyer, Nelson, Niemi, Oke, Prince, Roach, Schow, Sellar, Smith, L., West, Williams and Winsley - 22.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510, as recommended by the Conference Committee, 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.
PERSONAL PRIVILEGE
Senator Moore: "Mr. President, I request the opportunity to speak on a matter of personal privilege. Thank you, Mr. President, and fellow members. I came here to Olympia in 1925, when this building was being built with block and tackle, a donkey engine and a few horses, so I have seen a lot. I saw the first draperies that were put in this place. I have a great reverence, and you know me well enough to know that I don't have a whole lot of reverence in my soul, but I do have for this institution. I love the marble; I love the wood and I'll tell you I have disagreed with a whole lot of people before our time in the Legislature--to whom I have had the opportunity to listen. Even those people that I have disagreed with, I have never doubted for a minute their sincerity, their honesty of view and almost, universally, I can understand what they were saying and where they came from.
"Looking back, there have been some truly historic moments in this body. One was the day in the thirties when they passed the sales tax. That is a story in itself and there isn't time to go into it. There have been a lot of great moments. I feel very lucky, after having tried to be elected for thirty-four years to have finally made it, and to have been reelected three times has been the ultimate. I must say that even in defeat here, it didn't take a great toll on me, because I knew I was part of the process.
"I would like to take a minute at this time, because I feel an explanation may be in order. Incidentally, I'm still standing here in the same suit that I arrived here in fifteen years ago. There have been charges that I don't live where I allege that I live. More recently a document has been produced that says, and accurately, that I appeared in Hawaii before the tax collector and argued that I wanted to be a citizen of Hawaii and that I thought I was entitled to a hundred thousand dollar tax exemption on the property that I own. Since the property is only valued at about three hundred and some thousand, that made quite a difference in the taxes.
"I want you to keep in mind the dates involved. In 1991, I left this body very discouraged. A lot of things that I had wanted, mostly to do with social services, had been eroded to the point where I was--I don't want to say devastated, because that is too harsh a word--but I was very discouraged. So, I made application, as I said, for this tax exemption. It was denied. A few months later came the election of 1992. Our side prevailed and I realized that this was probably the last chance I would ever have to be chairman of a committee. The Senate dignified me, considerably, by combining two committees, so that I really had something that I had always wanted. I've tried to handle that in this little over a year with dignity, a certain amount of levity and always, I trust, with fairness. So, that is why I am here today to thank everybody for a great romp--sixteen years worth--in a great institution.
"In 1990, when I ran for reelection for the fourth time--the fourth term--I--and Virginia--incidentally, I wouldn't be here if it hadn't been for Virginia--because she literally ran the campaigns for me, up until a few years ago. I had a difficult time, but I made the decision in 1990 that I would never run again. Obviously, we all know, that when you are a lame duck anything, you are a nobody. So, I waited until this session was over to reaffirm that I will not again seek office.
"I want to thank everybody for all the courtesies--great staff. I thank Senator Cantu, for example, for starting the committee in the Senate to give us a better staff. There are a lot of good things that have happened that I have been lucky to be part of. I hope my contributions to the State Investment Board have been of some small value. I have enjoyed the time on the Gambling Commission and the Pension Policy Committee. Those are the three things that I spent the most time on and in which I had the greatest interest. Again, I want to thank everybody for probably the greatest sixteen years that an eighty-two year old ever had. Thank you."
There being no objection, the President advanced the Senate to the eighth order of business.
MOTION
On motion of Senator Sheldon, the following resolution was adopted:
SENATE RESOLUTION 1994-8702
By Senators Moore and Sheldon
WHEREAS, The Legislature recognizes that clear grants of rule-making authority are necessary for efficient and effective regulatory programs and accountability in governmental decision-making; and
WHEREAS, It is necessary and appropriate for the standing committees of the Senate to review existing rule-making authority which has been granted to state agencies;
NOW, THEREFORE, BE IT RESOLVED, That the standing committees of the Senate shall selectively review statutory grants of rule-making authority to determine: (1) Whether the authority granted is clear and as intended; (2) whether the legislative intent is specific and includes defined objectives; and (3) whether the grant of authority is consistent with and not duplicative of grants to other agencies; and
BE IT FURTHER RESOLVED, That in performing such reviews, priority shall be given to grants of rule-making authority to the Department of Revenue, the Employment Security Department, the Department of Ecology, the Department of Labor and Industries, the Department of Health, the Department of Licensing, the Department of Fish and Wildlife, the Department of Natural Resources, the Forest Practices Board, and the Insurance Commissioner; and
BE IT FURTHER RESOLVED, That the committees shall selectively review cases of potentially conflicting or duplicative rules and recommend corrective action where appropriate; and
BE IT FURTHER RESOLVED, That the committees shall recommend any corrective legislation that they consider appropriate.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
E2SSB 5468 March 9, 1994
Includes "NEW ITEMS": YES
Imposing requirements for businesses that receive public assistance
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468, Imposing requirements for businesses that receive public assistance, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that when public funds are used to support private enterprise, the public may gain through the creation of new jobs, the diversification of the economy, or higher quality jobs for existing workers. The legislature further finds that such returns on public investments are not automatic and that tax-based incentives, in particular, may result in a greater tax burden on businesses and individuals that are not eligible for the public support. It is the purpose of this chapter to collect information sufficient to allow the legislature and the executive branch to make informed decisions about the merits of existing tax-based incentives and loan programs intended to encourage economic development in the state.
NEW SECTION. Sec. 2. (1) The department of revenue and the department of community, trade, and economic development shall gather such base-line data as is necessary to measure the effect on businesses of any of the following benefits: (a) A loan of one hundred thousand dollars or more from the development loan fund; (b) fifty thousand dollars or more in tax credits under chapter 82.62 RCW; or (c) a deferral of one hundred thousand dollars or more in taxes under chapter 82.60 or 82.61 RCW. The departments shall measure the effect of the programs on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in investments, the movement of firms or the consolidation of firms' operation into the state, and such other factors as the departments select.
(2) The departments shall also measure whether the businesses receiving the benefits: (a) Have complied with federal and state requirements for affirmative action in hiring and promotion of their employees; (b) have provided an average wage that is above the average wage paid by firms located in the same county that share the same two-digit standard industrial code; (c) have provided basic health coverage at a level at least equivalent to basic health coverage under chapter 70.47 RCW; (d) have complied with all applicable federal and state environmental and employment laws and regulations; and (e) have complied with the requirements of all federal and state plant closure laws if reducing operations at a facility or relocating a facility.
(3) Businesses applying for one of the benefits specified in subsection (1) of this section shall submit employment impact estimates to the departments specifying the number and types of jobs, with wage rates and benefits for those jobs, that the business submitting the application expects to be eliminated, created, or retained on the project site and on other employment sites of the business in Washington as a result of the project that is the subject of the application.
(4) The departments shall specify that upon a certain date or dates, the businesses that receive one of the benefits specified in subsection (1) of this section shall submit to the department an employment impact statement stating the net number and types of jobs eliminated, created, or retained, with the wage rates and benefits for those jobs, by the business in Washington as a result of the benefit received.
(5) The information collected on individual businesses under this section is not subject to public disclosure.
(6) The departments shall report their findings to the executive-legislative committee on economic development policy, or the appropriate legislative committees, if the executive-legislative committee on economic development policy is not created by statute, by September 1, 1995. The report shall provide aggregate information on businesses that share the same two-digit standard industrial code.
(6) The executive-legislative committee on economic development policy shall evaluate the departments' report and make recommendations to the governor and the legislature on the continuation of the benefit programs and any conditions under which they should operate if they are to continue.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 2 of the title, after "assistance;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Skratek and Sheldon; Representatives Wineberry and Conway
MOTION
On motion of Senator Skratek, the twenty-four hour rule was suspended to consider the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5468.
MOTION
Senator Skratek moved that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5468, under suspension of the twenty-four hour rule.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Skratek that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5468, under suspension of the twenty-four hour rule.
The motion by Senator Skratek carried and the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5468 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5468, as recommended by the Conference Committee under suspension of the twenty-four hour rule.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5468, as recommended by the Conference Committee under suspension of the twenty-four hour rule, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 30.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L. and West - 18.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468, as recommended by the Conference Committee under suspension of the twenty-four rule, 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 Roach, Senators Cantu and McDonald were excused.
On motion of Senator Drew, Senators Owen and Rinehart were excused.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SENATE BILL NO. 6025 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
ESB 6025 March 9, 1994
Includes "NEW ITEMS": YES
Changing provisions relating to cities and towns
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SENATE BILL NO. 6025, Changing provisions relating to cities and towns, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.16.010 and 1965 c 7 s 35.16.010 are each amended to read as follows:
Upon the filing of a petition ((praying for an election to submit the question of excluding)) which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey ((from the boundaries of a city or town)), signed by qualified voters ((thereof)) of the city or town equal in number to not less than ((one-fifth)) ten percent of the number of ((votes cast)) voters voting at the last general municipal election, the city or town ((council)) legislative body shall ((cause to be submitted)) submit the question to the voters ((by a special election held for that purpose. Such special election shall not be held within ninety days next preceding any general election)). As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town. The question shall be submitted at the next general municipal election if one is to be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution. The petition or resolution shall set out and describe the territory to be excluded from the ((corporation)) city or town, together with the boundaries of the ((said corporation)) city or town as it will exist after such change is made.
Sec. 2. RCW 35.16.020 and 1985 c 469 s 19 are each amended to read as follows:
Notice of a ((special)) corporate limit reduction election shall be published ((for)) at least ((four)) once each week for two consecutive weeks prior to the election in the official newspaper of the city or town. The notice shall distinctly state the proposition to be submitted, shall designate specifically the area proposed to be excluded and the boundaries of the city or town as they would be after the proposed exclusion of territory therefrom ((and shall require the voters to cast ballots which)). The ballots shall contain the words "For reduction of ((corporate)) city limits" and "Against reduction of ((corporate)) city limits" or words equivalent thereto. ((This notice shall be in addition to the notice required by chapter 29.27 RCW.))
Sec. 3. RCW 35.16.030 and 1965 c 7 s 35.16.030 are each amended to read as follows:
((On the Monday next succeeding a special corporate limit reduction election, the canvassing authority shall proceed to canvass the returns thereof and)) The election returns shall be canvassed as provided in RCW 29.13.040. If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((council)) legislative body of the city or town, by an order entered on its minutes, shall ((cause)) direct the clerk to make and transmit to the office of the secretary of state a certified abstract of the vote. The abstract shall show the ((whole)) total number of ((electors)) voters voting, the number of votes cast for reduction and the number of votes cast against reduction.
Sec. 4. RCW 35.16.040 and 1965 c 7 s 35.16.040 are each amended to read as follows:
((Immediately)) Promptly after the filing of the abstract of votes with the office of the secretary of state, the legislative body of the city or town ((council)) shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election. The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the city or town.
Sec. 5. RCW 35.16.050 and 1965 c 7 s 35.16.050 are each amended to read as follows:
((Immediately upon)) A certified copy of the ordinance defining the reduced city or town limits ((going into effect, a certified copy thereof)) together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the city or town is situated, ((and thereupon the boundaries shall be as set forth therein)) upon the effective date of the ordinance. The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.
NEW SECTION. Sec. 6. A new section is added to chapter 35.16 RCW to read as follows:
In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.
Sec. 7. RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 8. RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.
Sec. 9. RCW 35.23.352 and 1993 c 198 s 10 are each amended to read as follows:
(1) Any second or third class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.
Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon publication of notice calling for sealed bids upon the work. The notice shall be published in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.
When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in accordance with RCW 39.08.030. If the bidder fails to enter into the contract in accordance with his or her bid and furnish a bond within ten days from the date at which he or she is notified that he or she is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond.
If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.
(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.
(3) In lieu of the procedures of subsection (1) of this section, a second or third class city or a town may use ((a)) the small works roster process ((and)) provided in RCW 39.04.155 to award public works contracts with an estimated value of one hundred thousand dollars or less ((as provided in RCW 39.04.155)).
Whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.
(4) After September 1, 1987, each second class city, third class city, and town shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.
(6) Any purchase of supplies, material, or equipment ((or services other than professional services)), except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids.
(7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.
(8) For advertisement and formal sealed bidding to be dispensed with as to purchases between seven thousand five hundred and fifteen thousand dollars, the city legislative authority must authorize by resolution, use of the uniform procedure provided in RCW 39.04.190.
(9) These requirements for purchasing may be waived by resolution of the city or town council which declared that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity, or the materials, supplies, equipment, or services are subject to special market conditions, and recites why this situation exists. Such actions are subject to RCW 39.30.020.
(10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.
(11) Nothing in this section shall prohibit any second or third class city or any town from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.
Sec. 10. RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 11. RCW 35.27.010 and 1965 c 7 s 35.27.010 are each amended to read as follows:
Every municipal corporation of the fourth class shall be entitled the "Town of . . . . . . . . ." (naming it), and by such name shall have perpetual succession, may sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property and control ((and)), lease, sublease, convey, or otherwise dispose of the same for the common benefit.
Sec. 12. RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the town.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a town publish the text or a summary of the content of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.
Sec. 13. RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
NEW SECTION. Sec. 14. 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 require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state department of licensing as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
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.
Sec. 15. RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
NEW SECTION. Sec. 16. 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 require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state department of licensing as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
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. 17. A new section is added to chapter 36.70A RCW to read as follows:
No city 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 may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state department of licensing as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a city 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. 18. RCW 42.24.180 and 1984 c 128 s 11 are each amended to read as follows:
In order to expedite the payment of claims, the legislative body of any taxing district, as defined in RCW 43.09.260, may authorize the issuance of warrants or checks in payment of claims after the provisions of this chapter have been met and after the officer designated by statute, or, in the absence of statute, an appropriate charter provision, ordinance, or resolution of the taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims. The legislative body may stipulate that certain kinds or amounts of claims shall not be paid before the board has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the payment:
(1) The auditing officer and the officer designated to sign the checks or warrants shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control;
(3) The legislative body shall provide for its review of the documentation supporting claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting or, for cities and towns, at a regularly scheduled public meeting within one month of issuance; and
(4) The legislative body shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the taxing district and to pursue collection diligently until the amounts disapproved are collected or until the legislative body is satisfied and approves the claims.
Sec. 19. RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:
(1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:
(a) The name of the county, city, or town;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon request.
Publication of the title of an ordinance by a city or town authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county, city, or town.
Sec. 20. RCW 68.24.180 and 1984 c 7 s 369 are each amended to read as follows:
After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority owning and operating it, or of not less than two-thirds of the owners of interment plots: PROVIDED HOWEVER, That a city of under twenty thousand may initiate, prior to January 1, 1995, an action to condemn cemetery property if the purpose is to further improve an existing street, or other public improvement and the proposed improvement does not interfere with existing interment plots containing human remains. ((However, so long as the action is commenced prior to March 31, 1961, the department of transportation may condemn for state highway purposes for Primary State Highway No. 14 in the vicinity of Gig Harbor land in any burial ground or cemetery in the following cases: (1) Where no organized or known authority is in charge of any such cemetery, or (2) where the necessary consent cannot be obtained and the court finds that considerations of highway safety necessitate the taking of the land. A judgment entered in the condemnation proceedings shall require that before an entry is made on the land condemned for state highway purposes, the state shall, at its own expense, remove or cause to be removed from the land any bodies buried therein and suitably reinter them elsewhere to the satisfaction of relatives, if they can be found.))
Sec. 21. 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.
Sec. 22. RCW 82.14.330 and 1993 sp.s. c 21 s 3 are each amended to read as follows:
(1) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed to the cities of the state as follows:
(a) Twenty percent appropriated for distribution shall be distributed to cities with a three-year average violent crime rate for each one thousand in population in excess of one hundred fifty percent of the state-wide three-year average violent crime rate for each one thousand in population. The three-year average violent crime rate shall be calculated using the violent crime rates for each of the preceding three years from the annual reports on crime in Washington state as published by the Washington association of sheriffs and police chiefs. Moneys shall be distributed under this subsection (1)(a) ratably based on population as last determined by the office of financial management, but no city may receive more than one dollar per capita. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably based on population as last determined by the office of financial management, but no city may receive less than one thousand dollars.
The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at such times as distributions are made under RCW 82.44.150.
Moneys distributed under this subsection shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(2) In addition to the distributions under subsection (1) of this section:
(a) Fourteen percent shall be distributed to cities that have initiated innovative law enforcement strategies, including alternative sentencing and crime prevention programs. No city may receive more than one dollar per capita under this subsection (2)(a).
(b) Twenty percent shall be distributed to cities that have initiated programs to help at-risk children or child abuse victim response programs. No city may receive more than fifty cents per capita under this subsection (2)(b).
(c) Twenty percent shall be distributed to cities that have initiated programs designed to reduce the level of domestic violence within their jurisdictions or to provide counseling for domestic violence victims. No city may receive more than fifty cents per capita under this subsection (2)(c).
(d) Ten percent shall be distributed to cities that contract with another governmental agency for a majority of the city's law enforcement services.
Moneys distributed under this subsection shall be distributed to those cities that submit funding requests under this subsection to the department of community, trade, and economic development based on criteria developed under RCW 82.14.335. Allocation of funds shall be in proportion to the population of qualified jurisdictions, but the distribution to a city shall not exceed the amount of funds requested. Cities shall submit requests for program funding to the department of community, trade, and economic development by November 1 of each year for funding the following year. The department shall certify to the state treasurer the cities eligible for funding under this subsection and the amount of each allocation.
((One-half of the moneys distributed under (a) through (d) of this subsection shall be distributed on March 1st and the remaining one-half of the moneys shall be distributed on September 1st)) The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at the times as distributions are made under RCW 82.44.150. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended funds received under this subsection in a manner that does not comply with the criteria under which the moneys were received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys are justified to the satisfaction of the director or are repaid to the state general fund. The director may allow noncomplying use of moneys received under this subsection upon a showing of hardship or other emergent need.
(3) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.
Sec. 23. RCW 41.16.050 and 1986 c 296 s 3 are each amended to read as follows:
There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the firemen's pension fund, which shall consist of: (1) All bequests, fees, gifts, emoluments, or donations given or paid thereto; (2) forty-five percent of all moneys received by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by ((firemen)) fire fighters as provided for herein. The moneys received from the tax on fire insurance premiums under the provisions of this chapter shall be distributed in the proportion that the number of paid ((firemen)) fire fighters in the city, town, or fire protection district bears to the total number of paid ((firemen)) fire fighters throughout the state to be ascertained in the following manner: The secretary of the firemen's pension board of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of paid ((firemen)) fire fighters in the fire department in such city, town, or fire protection district. For any city or town annexed by a fire protection district at any time before, on, or after the effective date of this section, the city or town shall continue to certify to the state treasurer the number of paid fire fighters in the city or town fire department immediately before annexation until all obligations against the firemen's pension fund in the city or town have been satisfied. For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of paid fire fighters certified by an annexing fire protection district. The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town, or fire protection district shall place the amount thereof to the credit of the firemen's pension fund of such city, town, or fire protection district.
NEW SECTION. Sec. 24. Section 22 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.16.010, 35.16.020, 35.16.030, 35.16.040, 35.16.050, 35.22.288, 35.23.310, 35.23.352, 35.24.220, 35.27.010, 35.27.300, 35.30.018, 35A.12.160, 42.24.180, 65.16.160, 68.24.180, 74.15.020, 82.14.330, and 41.16.050; adding a new section to chapter 35.16 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70A RCW; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Haugen, Drew and Winsley; Representatives H. Myers, Springer and Edmondson
MOTION
On motion of Senator Haugen, the Senate adopted the Report of the Conference Committee on Engrossed Senate Bill No. 6025.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6025, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6025, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Anderson and Smith, L. - 2.
Excused: Senators Cantu, McCaslin, McDonald, Owen and Rinehart - 5.
ENGROSSED SENATE BILL NO. 6025, as recommended by the Conference Committee, 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.
MESSAGES FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1743 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on HOUSE BILL NO. 2480 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED HOUSE BILL NO. 2643 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061,
SENATE BILL NO. 6003,
SUBSTITUTE SENATE BILL NO. 6007,
SENATE BILL NO. 6074,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6124,
SUBSTITUTE SENATE BILL NO. 6204,
SUBSTITUTE SENATE BILL NO. 6230,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255,
SENATE BILL NO. 6438.
There being no objection, the President advanced the Senate to the eighth order of business.
MOTION
On motion of Senator Wojahn, the following resolution was adopted:
SENATE RESOLUTION 1994-8685
By Senators Wojahn, Franklin, Gaspard, Winsley, Rasmussen and Oke
WHEREAS, The Senate finds and declares that the Legislative Building, as the seat of representative government for the people of Washington, is both a temple of democracy as well as an educational platform; and
WHEREAS, The study of history counsels our personal and professional lives; and
WHEREAS, The study of history furnishes rational, concrete examples upon which to base a common civic pride, especially in the minds of young people;
NOW, THEREFORE, BE IT RESOLVED, That the Senate do hereby extend an expression of appreciation to the Washington State Historical Society for taking the lead in the preparation of the historic bridges of Washington exhibit on display in the rotunda of the Legislative Building this session; and
BE IT FURTHER RESOLVED, That the Senate invites the Washington State Historical Society to continue its leadership role, in consultation with tenants of the Legislative Building and the Department of General Administration, to preserve and interpret relevant facets of Washington's history within the Legislative Building for the benefit of citizens and visitors alike.
MOTION
On motion of Senator Pelz, the following resolution was adopted:
SENATE RESOLUTION 1994-8703
By Senators Pelz, Gaspard, Moyer, McAuliffe, Prentice, Moore, Sheldon, Snyder, Rinehart, Bauer, Quigley, Spanel, Niemi, Talmadge, Fraser, Vognild, A. Smith, Williams, Franklin, Drew, Wojahn, Prince, Skratek, Bluechel, Winsley and Sutherland
WHEREAS, A home to live in, employment, and ordinary, everyday business transactions are not special rights but are among the basic and fundamental human rights of every person; and
WHEREAS, The mosaic of our society as exemplified by the wide diversity of Washingtonians, does not harm us, and, in fact, makes us stronger; and
WHEREAS, The Constitution of the United States, which we are sworn to uphold, seeks to "secure the blessings of liberty to us and our posterity;" and
WHEREAS, The Constitution of the state of Washington, which we are also sworn to uphold, guarantees "No person shall be deprived of life, liberty, or property without due process of law," and that "No person shall be disturbed in his private affairs or his home invaded without the authority of law;" and
WHEREAS, Our state and our Nation are built upon the principles of tolerance and forbearance; and
WHEREAS, We should strive to deal with others based on the content of their character, not stereotypes and prejudices; and
WHEREAS, Many local governments and private employers in Washington have adopted policies prohibiting discrimination, including discrimination based on sexual orientation; and
WHEREAS, The Measure 9 campaign in Oregon tore apart the social fabric of our neighbor state to the south, creating an environment we do not want to duplicate; and
WHEREAS, Efforts to bring a similar movement to Washington may foster acts of prejudice, fear, discrimination, and injustice; and
WHEREAS, In the words of Dr. Martin Luther King, Jr., "Injustice anywhere is a threat to justice everywhere;"
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington go on record in opposition to any effort to divide our communities and in opposition to acts of prejudice and discrimination; and
BE IT FURTHER RESOLVED, That the Senate of the state of Washington stands firmly for basic dignity and fundamental human rights for all people, and strongly against those acts of prejudice and discrimination that undermine those rights.
Senators Pelz, Hargrove and Moyer spoke to Senate Resolution 1994-8703.
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 1994-8700
By Senators Spanel and Haugen
WHEREAS, The Fertile Skagit Valley is the tulip capital of the Northwest; and
WHEREAS, Tulips are the harbingers of spring; and
WHEREAS, There are one thousand five hundred acres in the Skagit Valley planted in tulips ready to bloom; and
WHEREAS, This year's eleventh annual Skagit Valley Tulip Festival will run from April 1 through April 17, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, LaConner, and Mount Vernon; and
WHEREAS, Approximately half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event and contributing almost five million dollars to the economy of the Skagit Valley; and
WHEREAS, Highlights of the annual event include the Mount Vernon Street Fair, a Sousa band concert, an International Volks Walk, a 10K Slug Run/Walk, a Paccar Open House, a Tulip Pedal bicycle ride, a 10K walk through the Skagit Valley tulip fields and farmlands, and a new addition this year, the Key Bank Flower and Garden Show;
NOW, THEREFORE, BE IT RESOLVED, That the Senate applaud the five communities of the Skagit Valley and their chambers of commerce for hosting the Skagit Valley Tulip Festival; and
BE IT FURTHER RESOLVED, That we commend and honor the community leaders and corporate sponsors responsible for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular floral display; and
BE IT FURTHER RESOLVED, That the Senate issue this resolution in recognition of the Skagit Valley Tulip Festival, April 1 through April 17, 1994.
MOTION
On motion of Senator Bauer, the following resolution was adopted:
SENATE RESOLUTION 1994-8701
By Senators Bauer, Spanel, Vognild, Moore, Newhouse, Nelson, Winsley and Gaspard
WHEREAS, The Joint Committee on Pension Policy has studied and analyzed issues related to Plan II retirement systems for the past three years; and
WHEREAS, The Joint Committee on Pension Policy completed its report on Plan II retirement age in October 1992 and has reviewed eligibility criteria for retirement under Plan II; and
WHEREAS, Legislation was introduced at the request of the Joint Committee on Pension Policy during the 1994 session which created Plan III retirement systems to address some of the underlying concerns of members of Plan II systems; and
WHEREAS, Legislation to create Plan III retirement systems was not acted upon during the 1994 session; and
WHEREAS, Plan II members of the Teachers' Retirement System, Public Employees' Retirement System and the Law Enforcement Officers' and Fire Fighters' Retirement System have serious concerns with some provisions of these systems, especially issues related to eligibility for retirement benefits, which contribute to poor morale in the workplaces of state and local government and strain relations between the legislature, as employer, and the state's employees;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate directs the Joint Committee on Pension Policy to continue work on revisions to state Plan II retirement systems which recognize the following principles:
Benefits under a revised retirement plan should provide a fair and proportional level of retirement benefits for all members who provide significant periods of state service;
Public employees should not incur a major reduction in the value of accrued retirement benefits when they make career changes prior to retirement age; and
Members who are required to change careers for personal or family needs or due to physical or mental disability should be able to do so without jeopardizing their long term retirement income security; and
BE IT FURTHER RESOLVED, That the Washington State Senate intends for the Joint Committee on Pension Policy to work in consultation with an advisory committee comprised of representatives from employee organizations whose members belong to the Washington State Patrol and Plan II retirement system; and
BE IT FURTHER RESOLVED, That the Joint Committee on Pension Policy shall report and make recommendations to the Senate Ways and Means Committee and the House Appropriations Committee by December 15, 1995.
MOTION
On motion of Senator Morton, the following resolution was adopted:
SENATE RESOLUTION 1994-8687
By Senators Morton, Owen, Hargrove, Sutherland and Moore
WHEREAS, Washington State has rich and diverse forest resources; and
WHEREAS, There are 21.5 million acres of public and private forest lands in this state; and
WHEREAS, Washington forests supply many goods and services, including water, fish, wildlife, recreation, timber, forage, and open space; and
WHEREAS, The regulations and importance of forest practices and their effect on the environment and quality of soil in Washington State are increasingly complex; and
WHEREAS, There is increasing demand for timber from private nonindustrial landowners; and
WHEREAS, An increasing number of individuals hold themselves out as experts in forest management practices as the available supply of harvestable timber diminishes and the value of forest products increases; and
WHEREAS, There currently is no means of providing reliable information to private landowners about the training and expertise of persons representing themselves as consulting foresters; and
WHEREAS, Individuals without adequate training and experience can cause significant damage to the forests of our state by recommending unproven or unsound forest management practices;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recommends that an interim review be conducted to determine appropriate methods for developing consistent and reliable information about consulting foresters, and for publication and distribution of such information to the public, especially to private timberland owners; and
BE IT FURTHER RESOLVED, That advice and counsel should be sought from representatives of the Association of Consulting Foresters; Washington Farm Forestry Association; Society of American Foresters; Washington Forest Protection Association; and Department of Natural Resources Stewardship Incentive program to make the best use of information currently available; and
BE IT FURTHER RESOLVED, That the chairs of the Senate Labor and Commerce Committee and the Senate Natural Resources Committee shall consult with interested committee members and direct the work of appropriate staff to determine the scope and outcome of this review prior to the 1995 Regular Session of the Legislature.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Oke, Senator Deccio was excused.
MOTION
At 3:37 p.m., on motion of Senator Spanel, the Senate recessed until 5:00 p.m.
The Senate was called to order at 5:23 p.m. by President Pritchard.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510 and has passed the bill as recommended by the Conference Committee.
MARILYN SHOWALTER, Chief Clerk
MESSAGES FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5449,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6068,
SUBSTITUTE SENATE BILL NO. 6089,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6547, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1009,
ENGROSSED HOUSE BILL NO. 1756,
ENGROSSED HOUSE BILL NO. 2347,
HOUSE BILL NO. 2478,
SUBSTITUTE HOUSE BILL NO. 2488,
SUBSTITUTE HOUSE BILL NO. 2529,
SUBSTITUTE HOUSE BILL NO. 2754, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2798 and passed the bill as amended by the Senate.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1009,
ENGROSSED HOUSE BILL NO. 1756,
ENGROSSED HOUSE BILL NO. 2347,
HOUSE BILL NO. 2478,
SUBSTITUTE HOUSE BILL NO. 2488,
SUBSTITUTE HOUSE BILL NO. 2529,
SUBSTITUTE HOUSE BILL NO. 2754.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468,
ENGROSSED SENATE BILL NO. 6025,
SUBSTITUTE SENATE BILL NO. 6278.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9289, John C. McGlenn as a member of the Wildlife Commission, was confirmed.
APPOINTMENT OF JOHN C. McGLENN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Absent: Senators Erwin, Ludwig and Rasmussen, M. - 3.
Excused: Senators Cantu, Deccio, McCaslin and Rinehart - 4.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 6047 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
SSB 6047 March 9, 1994
Includes "NEW ITEMS": YES
Revising provisions relating to crimes involving alcohol, drugs, or mental problems
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6047, Revising provisions relating to crimes involving alcohol, drugs, or mental problems, have had the same under consideration and we recommend that:
All previous amendments not be adopted and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:
"Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) the percent by weight of alcohol in a person's blood.
Sec. 2. RCW 46.61.502 and 1993 c 328 s 1 are each amended to read as follows:
(1) ((A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has 0.10 grams or more of alcohol per two hundred ten liters of breath within two hours after driving, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) And the person has 0.10 percent or more by weight of alcohol in the person's blood within two hours after driving, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1) (a) and (b) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more of alcohol in the person's blood, pursuant to subsection (1) (a) and (b) of this section, and may be used as evidence that a person was under the influence of or affected by intoxicating liquors or any drug pursuant to subsection (1) (c) and (d) of this section.)) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
Sec. 3. RCW 46.61.504 and 1993 c 328 s 2 are each amended to read as follows:
(1) ((A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has 0.10 grams or more of alcohol per two hundred ten liters of breath within two hours after being in actual physical control of a motor vehicle, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) And the person has 0.10 percent or more by weight of alcohol in the person's blood within two hours after being in actual physical control of a motor vehicle, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1) (a) and (b) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of a motor vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after being in actual physical control of a motor vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged actual physical control of a motor vehicle may be used as evidence that within two hours of the alleged actual physical control of a motor vehicle, a person had 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more of alcohol in the person's blood, pursuant to subsection (1) (a) and (b) of this section, and may be used as evidence that a person was under the influence of or affected by intoxicating liquors or any drug pursuant to subsection (1) (c) and (d) of this section.)) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15, or a person who violates RCW 46.61.502(1)(b) or (c) or 46.61.504(1)(b) or (c) and for any reason other than the person's refusal to take a test offered pursuant to RCW 46.20.308 the person's alcohol concentration is not proved, is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The court may suspend all or part of the ninety-day period of suspension upon a plea agreement executed by the defendant and the prosecutor. The court shall notify the department of licensing of the conviction and of any period of suspension and shall notify the department of the person's completion of any period of suspension. Upon receiving notification of the conviction, or if applicable, upon receiving notification of the completion of any period of suspension, the department shall issue the offender a probationary license in accordance with section 8 of this act.
(2) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who either:
(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or
(b) Violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and, because of the person's refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as follows:
(i) By imprisonment for not less than two days nor more than one year. Forty-eight consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By suspension by the department of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one hundred twenty days. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license and shall issue the offender a probationary license in accordance with section 8 of this act.
(3) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(4) Upon conviction under this section, the offender's driver's license is deemed to be in a probationary status for five years from the date of the issuance of a probationary license under section 8 of this act. Being on probationary status does not authorize a person to drive during any period of license suspension imposed as a penalty for the infraction.
(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act.
(6)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person whose driver's license is in a probationary status and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15 is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than seven days nor more than one year. Seven consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The court shall notify the department of the conviction, and upon receiving notification the department shall suspend the offender's license and shall issue the offender a probationary license in accordance with section 8 of this act.
(2) A person whose driver's license is in a probationary status and who either:
(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or
(b) Violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and, because of the person's refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as follows:
(i) By imprisonment for not less than ten days nor more than one year. Ten consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of four hundred fifty days. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with section 8 of this act.
(3) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(4) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act. An offender punishable under subsection (1) or (2) of this section is subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.
(5)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
NEW SECTION. Sec. 6. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person who violates RCW 46.61.502 or 46.61.504 and who either has a driver's license in a suspended or revoked status or who has been convicted under section 5 of this act or RCW 46.61.502 or 46.61.504 of an offense that was committed within five years before the commission of the current violation, is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than ninety days nor more than one year. Ninety consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By revocation by the department of licensing of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of two years. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license. Following the revocation and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with section 8 of this act.
(2) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(3) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act. An offender punishable under this section is subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.
(4)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
NEW SECTION. Sec. 7. A new section is added to chapter 46.61 RCW to read as follows:
(1)(a) In addition to penalties set forth in sections 4 through 6 of this act, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.
(c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.
PART II - PROBATIONARY LICENSES
NEW SECTION. Sec. 8. A new section is added to chapter 46.61 RCW to read as follows:
(1) Upon notification of a conviction under RCW 46.61.502 or 46.61.504 for which the issuance of a probationary driver's license is required, or upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, the department of licensing shall order the person to surrender his or her license. The department shall revoke the license of any person who fails to surrender it as required by this section.
(2) Upon receipt of the surrendered license, and following the expiration of any period of license suspension or revocation, or following receipt of a sworn statement under section 12 of this act that requires issuance of a probationary license, the department shall issue the person a probationary license if otherwise qualified. The probationary license shall be renewed on the same cycle as the person's regular license would have been renewed until five years after the date of its issuance.
(3) For each issue or reissue of a license under this section, the department may charge the fee authorized under RCW 46.20.311 for the reissuance of a license following a revocation for a violation of RCW 46.61.502 or 46.61.504.
(4) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status, including the period of that status, for a violation of RCW 46.61.502 or 46.61.504 or section 12 of this act. That fact that a person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
PART III - ASSESSMENT AND TREATMENT
NEW SECTION. Sec. 9. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person subject to alcohol assessment and treatment under section 4, 5, or 6 of this act shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and health services. The department of social and health services shall periodically review the costs of alcohol information schools and treatment programs.
(4) Any agency that provides treatment ordered under section 4, 5, or 6 of this act, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of social and health services. Upon three such failures by an agency within one year, the department of social and health services shall revoke the agency's approval under this section.
(5) The department of licensing and the department of social and health services may adopt such rules as are necessary to carry out this section.
PART IV - ADMINISTRATIVE REVOCATION
NEW SECTION. Sec. 10. A new section is added to chapter 46.20 RCW to read as follows:
(1) Notwithstanding any other provision of this title, a person under the age of twenty-one may not drive, operate, or be in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or above.
(2) A person under the age of twenty-one who drives or is in physical control of a motor vehicle within this state is deemed to have given consent, subject to the relevant portions of RCW 46.61.506, to be detained long enough, and be transported if necessary, to take a test or tests of that person's blood or breath for the purpose of determining the alcohol concentration in his or her system.
(3) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver, has reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while having alcohol in his or her system.
(4) The law enforcement officer requesting the test or tests under subsection (2) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person's driver's license or driving privilege being revoked.
(5) If the person refuses testing, or submits to a test that discloses an alcohol concentration of 0.02 or more, the law enforcement officer shall:
(a) Serve the person notice in writing on behalf of the department of licensing of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive;
(b) Serve the person notice in writing on behalf of the department of licensing of the person's right to a hearing, specifying the steps required to obtain a hearing;
(c) Confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit. The temporary license shall be valid for thirty days from the date of the traffic stop or until the suspension or revocation of the person's license or permit is sustained at a hearing as provided by subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit it replaces;
(d) Notify the department of licensing of the traffic stop, and transmit to the department any confiscated license or permit and a sworn report stating:
(i) That the officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state with alcohol in his or her system;
(ii) That pursuant to this section a test of the person's alcohol concentration was administered or that the person refused to be tested;
(iii) If administered, that the test indicated the person's alcohol concentration was 0.02 or higher; and
(iv) Any other information that the department may require by rule.
(6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of this section, the department shall suspend or revoke the driver's license or driving privilege beginning thirty days from the date of the traffic stop or beginning when the suspension, revocation, or denial is sustained at a hearing as provided by subsection (7) of this section. Within fifteen days after notice of a suspension or revocation has been given, the person may, in writing, request a formal hearing. If such a request is not made within the prescribed time the right to a hearing is waived. Upon receipt of such request, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the revocation of the person's driver's license or driving privilege, and, if the test or tests of the person's breath or blood was administered, whether the results indicated an alcohol concentration of 0.02 or more. The department shall order that the suspension or revocation of the person's driver's license or driving privilege either be rescinded or sustained. Any decision by the department suspending or revoking a person's driver's license or driving privilege is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the pendency of the hearing and appeal. If the suspension or revocation of the person's driver's license or driving privilege is sustained after the hearing, the person may file a petition in the superior court of the county of arrest to review the final order of suspension or revocation by the department in the manner provided in RCW 46.20.334.
(7) The department shall suspend or revoke the driver's license or driving privilege of a person as required by this section as follows:
(a) In the case of a person who has refused a test or tests:
(i) For a first refusal within five years, revocation for one year;
(ii) For a second or subsequent refusal within five years, revocation or denial for two years.
(b) In the case of an incident where a person has submitted to a test or tests indicating an alcohol concentration of 0.02 or more:
(i) For a first incident within five years, suspension for ninety days;
(ii) For a second or subsequent incident within five years, revocation for one year or until the person reaches age twenty-one whichever occurs later.
(8) For purposes of this section, "alcohol concentration" means (a) grams of alcohol per two hundred ten liters of a person's breath, or (b) the percent by weight of alcohol in a person's blood.
NEW SECTION. Sec. 11. A new section is added to chapter 46.61 RCW to read as follows:
(1) Any person requested or signaled to stop by a law enforcement officer pursuant to section 10 of this act has a duty to stop.
(2) Whenever any person is stopped pursuant to section 10 of this act, the officer may detain that person for a reasonable period of time necessary to: Identify the person; check the status of the person's license, insurance identification card, and the vehicle's registration; and transport the person, if necessary, to and administer a test or tests to determine the alcohol concentration in the person's system.
(3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation under section 10 of this act has a duty to identify himself or herself, give his or her current address, and sign an acknowledgement of receipt of the warning required by section 10(4) of this act and receipt of the notice and temporary license issued under section 10(5) of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 46.61 RCW to read as follows:
(1) This section applies to any person arrested for a violation of RCW 46.61.502 or 46.61.504 who has an alcohol concentration of 0.10 or higher as shown by a test administered under RCW 46.20.308.
(2) The arresting officer or other law enforcement officer at whose direction the test was given shall:
(a) Serve the person notice in writing on behalf of the department of licensing of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive or to issue a probationary license;
(b) Serve the person notice in writing on behalf of the department of the person's right to a hearing, specifying the steps required to obtain a hearing;
(c) Confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit. The temporary license shall be valid for thirty days from the date of arrest or until the suspension or revocation of the person's license or permit, or the issuance of a probationary license, is sustained at a hearing pursuant to subsection (5) of this section, whichever occurs first. If the person has not within the previous five years committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, and within thirty days of the arrest the person petitions a court for a deferred prosecution on criminal charges arising out of the arrest, the court shall direct the department to extend the period of the temporary license by at least an additional thirty days but not more than an additional sixty days. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, then the court shall immediately direct the department to cancel any period of extension of the temporary license. No temporary license is valid to any greater degree than the license or permit it replaces;
(d) Notify the department of the arrest, and transmit to the department any confiscated license or permit and a sworn report stating:
(i) That the officer had reasonable grounds to believe the arrested person was driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug, or both;
(ii) That pursuant to RCW 46.20.308 a test of the person's alcohol concentration was administered;
(iii) That the test indicated that the person's alcohol concentration was 0.10 or higher; and
(iv) Any other information that the department may require by rule.
(3) Upon receipt of a sworn statement under subsection (2) of this section, the department shall suspend, revoke, or deny the person's license, permit, or driving privilege, or shall issue a probationary license, effective beginning thirty days from the date of the arrest or beginning when the suspension, revocation, denial, or issuance is sustained at a hearing pursuant to subsection (5) of this section, whichever occurs first. The suspension, revocation, or denial, or issuance of a probationary license, shall be as follows:
(a) Upon receipt of a first sworn statement, issuance of a probationary license under section 8 of this act;
(b) Upon receipt of a second or subsequent statement indicating an arrest date that is within five years of the arrest date indicated by a previous statement, revocation for two years.
(4) A person receiving notification under subsection (2) of this section may, within five days after his or her arrest, request a hearing before the department under subsection (5) of this section. The request shall be in writing. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within five days after the arrest.
(5) Upon timely receipt of a request and a one hundred dollar fee under subsection (4) of this section, the department shall afford the person an opportunity for a hearing. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within thirty days following the arrest, unless otherwise agreed to by the department and the person. The hearing shall cover the issues of:
(a) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor;
(b) Whether the test of the person's alcohol concentration was administered in accordance with RCW 46.20.308; and
(c) Whether the test indicated that the person's alcohol concentration was 0.10 or higher.
(6) The period of any suspension, revocation, or denial imposed under this section shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident. A suspension, revocation, or denial imposed under this section shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(7) If the suspension, revocation, denial, or issuance is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied, or who has been issued a probationary license, has the right to file a petition in the superior court of the county of arrest in the same manner as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. A court may stay the suspension, revocation, or denial if it finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay.
(8) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
Sec. 13. RCW 46.20.308 and 1989 c 337 s 8 are each amended to read as follows:
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcoholic content of his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. However, in those instances where: (a) The person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample; or (b) as a result of a traffic accident the person is being treated for a medical condition in a hospital, clinic, doctor's office, or other similar facility in which a breath testing instrument is not present, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that (a) his or her privilege to drive will be revoked or denied if he or she refuses to submit to the test, and (b) that his or her refusal to take the test may be used in a criminal trial.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which another person has been injured and there is a reasonable likelihood that such other person may die as a result of injuries sustained in the accident, a breath or blood test may be administered without the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.
(6) The department of licensing, upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor and that the person had refused to submit to the test or tests upon the request of the law enforcement officer after being informed that refusal would result in the revocation of the person's privilege to drive, shall revoke the person's license or permit to drive or any nonresident operating privilege.
(7) Upon revoking the license or permit to drive or the nonresident operating privilege of any person, the department shall immediately notify the person involved in writing by personal service or by certified mail of its decision and the grounds therefor, and of the person's right to a hearing, specifying the steps he or she must take to obtain a hearing. Within fifteen days after the notice has been given, the person may, in writing, request a formal hearing. The person shall pay a fee of one hundred dollars as part of the request. Upon receipt of such request and such fee, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the scope of such hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor, whether the person was placed under arrest, and whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's privilege to drive. The department shall order that the revocation either be rescinded or sustained. Any decision by the department revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as provided in this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during pendency of the hearing and appeal.
(8) If the revocation is sustained after such a hearing, the person whose license, privilege, or permit is revoked has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the manner provided in RCW 46.20.334.
(9) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been revoked, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
Sec. 14. RCW 46.01.260 and 1984 c 241 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old. If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the computer record thereof has been updated.
(2)(a) The director shall not, within ten years from the date of conviction, adjudication, or entry of deferred prosecution, destroy records of the following:
(i) Convictions or adjudications of the following offenses: RCW 46.61.502, 46.61.504, 46.61.520(1)(a), or 46.61.522(1)(b);
(ii) If the offense was originally charged as one of the offenses designated in (a)(i) of this subsection, convictions or adjudications of the following offenses: RCW 46.61.500 or 46.61.525, or any other violation that was originally charged as one of the offenses designated in (a)(i) of this subsection; or
(iii) Deferred prosecutions granted under RCW 10.05.120.
(b) For purposes of RCW 46.52.100 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses.
Sec. 15. RCW 46.52.100 and 1991 c 363 s 123 are each amended to read as follows:
Every district court, municipal court, and clerk of superior court shall keep or cause to be kept a record of every traffic complaint, traffic citation, notice of infraction, or other legal form of traffic charge deposited with or presented to the court or a traffic violations bureau, and shall keep a record of every official action by ((said)) the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, finding that a traffic infraction has been committed, dismissal of a notice of infraction, and the amount of fine, forfeiture, or penalty resulting from every ((said)) traffic complaint, citation, or notice of infraction deposited with or presented to the district court, municipal court, superior court, or traffic violations bureau.
The Monday following the conviction, forfeiture of bail, or finding that a traffic infraction was committed for violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, every ((said)) magistrate of the court or clerk of the court of record in which such conviction was had, bail was forfeited, or the finding made shall prepare and immediately forward to the director of licensing at Olympia an abstract of the record of ((said)) the court covering the case, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any finding involving the illegal parking or standing of a vehicle.
((Said)) The abstract must be made upon a form furnished by the director and shall include the name and address of the party charged, the number, if any, of the party's driver's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether the offense was an alcohol-related offense as defined in RCW 46.01.260(2), whether bail forfeited, whether the determination that a traffic infraction was committed was contested, and the amount of the fine, forfeiture, or penalty as the case may be.
Every court of record shall also forward a like report to the director upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
The failure of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
The director shall keep all abstracts received hereunder at the director's office in Olympia and the same shall be open to public inspection during reasonable business hours.
Venue in all district courts shall be before one of the two nearest district judges in incorporated cities and towns nearest to the point the violation allegedly occurred: PROVIDED, That in counties with populations of one hundred twenty-five thousand or more such cases may be tried in the county seat at the request of the defendant.
It shall be the duty of the officer, prosecuting attorney, or city attorney signing the charge or information in any case involving a charge of driving under the influence of intoxicating liquor or any drug immediately to make request to the director for an abstract of convictions and forfeitures which the director shall furnish.
Sec. 16. RCW 46.52.130 and 1991 c 243 s 1 are each amended to read as follows:
A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, ((or)) an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies((, and)). Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual((s and)) named in the abstract or to an employer((s)) or prospective employer((s)) of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(a)(i).
The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.
The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.
Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
Any employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.
Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
Any violation of this section is a gross misdemeanor.
PART VII - DEFERRED PROSECUTION
Sec. 17. RCW 10.05.060 and 1990 c 250 s 13 are each amended to read as follows:
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be attached to the docket, which shall then be removed from the regular court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract of the docket showing the charge, the date of the violation for which the charge was made, and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner. The entry is not a conviction for purposes of Title 46 RCW. Upon receipt of the abstract of the docket, the department shall issue the petitioner a probationary license in accordance with section 8 of this act, and the petitioner's driver's license shall be on probationary status for five years from the date of the violation that gave rise to the charge. The department shall maintain the record for ((five)) ten years from date of entry of the order granting deferred prosecution.
Sec. 18. RCW 10.05.090 and 1985 c 352 s 12 are each amended to read as follows:
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan, the facility, center, institution, or agency administering the treatment shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.
Sec. 19. RCW 10.05.120 and 1985 c 352 s 15 are each amended to read as follows:
Upon proof of successful completion of the two-year treatment program, the court shall dismiss the charges pending against the petitioner.
((Five years from the date of the court's approval of a deferred prosecution program for an individual petitioner, those entries that remain in the department of licensing records relating to such petitioner shall be removed. A deferred prosecution may be considered for enhancement purposes when imposing mandatory penalties and suspensions under RCW 46.61.515 for subsequent offenses within a five-year period.))
PART VIII - VEHICULAR HOMICIDE
Sec. 20. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, ((by being under the influence of intoxicating liquor or any drug or)) by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Reckless Endangerment 1 (RCW 9A.36.045)
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 21. RCW 46.20.710 and 1987 c 247 s 1 are each amended to read as follows:
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other biological or technical device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.
Sec. 22. RCW 46.20.720 and 1987 c 247 s 2 are each amended to read as follows:
The court may order any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, and the restriction shall be for a period of not less than six months.
The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction.
For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.
Sec. 23. RCW 46.20.730 and 1987 c 247 s 3 are each amended to read as follows:
For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750, "ignition interlock device" means breath alcohol analyzed ignition equipment, certified by the state commission on equipment, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and "other biological or technical device" means any device meeting the standards of the national highway traffic safety administration or the state commission on equipment, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The commission shall by rule provide standards for the certification, installation, repair, and removal of the devices.
Sec. 24. RCW 46.20.740 and 1987 c 247 s 4 are each amended to read as follows:
The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device.
Sec. 25. RCW 46.20.750 and 1987 c 247 s 5 are each amended to read as follows:
A person who knowingly assists another person who is restricted to the use of an ignition interlock or other biological or technical device to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor.
The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock or other biological or technical device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
Sec. 26. RCW 46.61.506 and 1987 c 373 s 4 are each amended to read as follows:
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the ((amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of his blood or breath is less than 0.10 percent by weight of alcohol in his blood or 0.10 grams of alcohol per two hundred ten liters of the person's breath)) person's alcohol concentration is less than 0.10, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
(5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(6) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
Sec. 27. RCW 46.20.311 and 1993 c 501 s 5 are each amended to read as follows:
(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or ((46.61.515)) other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the reissue fee shall be fifty dollars.
(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW ((46.61.515(3) (b) or (c))) 46.20.308 or section 5, 6, or 12 of this act; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) ((after the expiration of one year in cases of revocation for the first refusal within five years to submit to a chemical test under RCW 46.20.308; (e) after the expiration of two years in cases of revocation for the second or subsequent refusal within five years to submit to a chemical test under RCW 46.20.308; or (f))) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504 or is the result of administrative action under section 12 of this act, the reissue fee shall be fifty dollars. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.
Sec. 28. RCW 46.04.580 and 1990 c 250 s 22 are each amended to read as follows:
"Suspend," in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement. ((However, under RCW 46.61.515 the invalidation may last for more than one calendar year.))
Sec. 29. RCW 46.20.391 and 1985 c 407 s 5 are each amended to read as follows:
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed ((under RCW 46.61.515)) for a violation of RCW 46.61.502 or 46.61.504. No person may petition for, and the department shall not issue, an occupational driver's license if the person is ineligible for such a license under section 5 or 6 of this act. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not ((been convicted)) committed of any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not ((been convicted of)) committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor ((under RCW 46.61.502 or 46.61.504, of)); (ii) vehicular homicide under RCW 46.61.520((, or of)); or (iii) vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
Sec. 30. RCW 5.40.060 and 1987 c 212 s 1001 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.
(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.
NEW SECTION. Sec. 31. Section 30 of this act is remedial in nature and shall apply retroactively.
Sec. 32. RCW 46.55.113 and 1987 c 311 s 10 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable((, or too intoxicated, to decide)) of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer((, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property));
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
Sec. 33. RCW 46.63.020 and 1993 c 501 s 8 are each amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit- forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381 (6) or (((8))) (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;
(10) RCW 46.20.021 relating to driving without a valid driver's license;
(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
(14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;
(15) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
(16) RCW 46.25.170 relating to commercial driver's licenses;
(17) Chapter 46.29 RCW relating to financial responsibility;
(18) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(21) RCW 46.48.175 relating to the transportation of dangerous articles;
(22) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(28) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500 relating to reckless driving;
(34) RCW 46.61.502 and 46.61.504 and sections 4, 5, and 6 of this act relating to persons under the influence of intoxicating liquor or drugs;
(35) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(36) RCW 46.61.522 relating to vehicular assault;
(37) RCW 46.61.525 relating to negligent driving;
(38) RCW 46.61.530 relating to racing of vehicles on highways;
(39) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(40) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(41) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(42) Chapter 46.65 RCW relating to habitual traffic offenders;
(43) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(44) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(45) Chapter 46.80 RCW relating to motor vehicle wreckers;
(46) Chapter 46.82 RCW relating to driver's training schools;
(47) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(48) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 34. RCW 3.62.090 and 1986 c 98 s 4 are each amended to read as follows:
(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under ((RCW 46.61.515)) sections 4, 5, and 6 of this act, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.
Sec. 35. RCW 10.05.120 and 1985 c 352 s 15 are each amended to read as follows:
Upon proof of successful completion of the two-year treatment program, the court shall dismiss the charges pending against the petitioner.
Five years from the date of the court's approval of a deferred prosecution program for an individual petitioner, those entries that remain in the department of licensing records relating to such petitioner shall be removed. A deferred prosecution may be considered for enhancement purposes when imposing mandatory penalties and suspensions under ((RCW 46.61.515)) sections 4, 5, and 6 of this act for subsequent offenses within a five-year period.
Sec. 36. RCW 35.21.165 and 1983 c 165 s 40 are each amended to read as follows:
Except as limited by the maximum penalties authorized by law, no city or town may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.515)) sections 4, 5, and 6 of this act.
Sec. 37. RCW 36.32.127 and 1983 c 165 s 41 are each amended to read as follows:
No county may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.515)) sections 4, 5, and 6 of this act.
Sec. 38. RCW 46.04.480 and 1988 c 148 s 8 are each amended to read as follows:
"Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue: PROVIDED, That under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, ((or 46.61.515)) section 4, 5, or 6 of this act, and chapter 46.65 RCW the invalidation may last for a period other than one calendar year.
Sec. 39. RCW 46.61.5151 and 1983 c 165 s 33 are each amended to read as follows:
A sentencing court may allow persons convicted of violating RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in ((RCW 46.61.515 (1) or (2))) section 4, 5, or 6 of this act in nonconsecutive or intermittent time periods. However, ((the first twenty-four hours of any sentence under RCW 46.61.515(1) and the first forty-eight hours of any sentence under RCW 46.61.515(2))) any mandatory minimum sentence under section 4, 5, or 6 of this act shall be served consecutively unless suspended or deferred as otherwise provided by law.
Sec. 40. RCW 46.61.5152 and 1992 c 64 s 1 are each amended to read as follows:
In addition to penalties that may be imposed under ((RCW 46.61.515)) section 4, 5, or 6 of this act, the court may require a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a violation of RCW 46.61.502 or 46.61.504, to attend an educational program focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants.
NEW SECTION. Sec. 41. The sum of one million five hundred sixty-three thousand five hundred eighty-nine dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the highway safety fund to the department of licensing for the purposes of implementing this act.
NEW SECTION. Sec. 42. The following acts or parts of acts are each repealed:
(1) RCW 46.61.515 and 1993 c 501 s 7, 1993 c 239 s 1, 1985 c 352 s 1, 1984 c 258 s 328, 1983 c 165 s 21, 1983 c 150 s 1, 1982 1st ex.s. c 47 s 27, 1979 ex.s. c 176 s 6, 1977 ex.s. c 3 s 3, 1975 1st ex.s. c 287 s 2, 1974 ex.s. c 130 s 1, 1971 ex.s. c 284 s 1, 1967 c 32 s 68, & 1965 ex.s. c 155 s 62; and
(2) 1993 c 239 s 3 (uncodified).
NEW SECTION. Sec. 43. This act shall be known as the "1994 Omnibus Drunk Driving Act."
NEW SECTION. Sec. 44. Section 7 of this act shall expire June 30, 1995.
NEW SECTION. Sec. 45. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 46. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "problems;" strike the remainder of the title and insert "amending RCW 46.61.502, 46.61.504, 46.20.308, 46.01.260, 46.52.100, 46.52.130, 10.05.060, 10.05.090, 10.05.120, 46.20.710, 46.20.720, 46.20.730, 46.20.740, 46.20.750, 46.61.506, 46.20.311, 46.04.580, 46.20.391, 5.40.060, 46.55.113, 46.63.020, 3.62.090, 10.05.120, 35.21.165, 36.32.127, 46.04.480, 46.61.5151, and 46.61.5152; reenacting and amending RCW 9.94A.320; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.61 RCW; adding a new section to chapter 46.20 RCW; creating new sections; repealing RCW 46.61.515; repealing 1993 c 239 s 3 (uncodified); prescribing penalties; making an appropriation; providing an effective date; and providing an expiration date.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Adam Smith and Quigley; Representatives Appelwick, Johanson and Ballasiotes
MOTION
On motion of Senator Adam Smith, the twenty-four hour rule was suspended to consider the Report of the Conference Committee on Substitute Senate Bill No. 6047.
MOTION
Senator Adam Smith moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 6047, under suspension of the twenty-four hour rule.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Adam Smith that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 6047, under suspension of the twenty-four hour rule.
The motion by Senator Adam Smith carried and the Report of the Conference Committee on Substitute Senate Bill No. 6047 was adopted.
MOTION
On motion of Senator Drew, Senator Rasmussen was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6047, as recommended by the Conference Committee under suspension of the twenty-four hour rule.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6047, as recommended by the Conference Committee under suspension of the twenty-four hour rule, 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, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Deccio, McCaslin, Rasmussen, M. and Rinehart - 4.
SUBSTITUTE SENATE BILL NO. 6047, as recommended by the Conference Committee under suspension of the twenty-four rule, 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.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 6107 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
2SSB 6107 March 9, 1994
Includes "NEW ITEMS": YES
Allowing fees for services for the department of community, trade and economic development
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 6107, Allowing fees for services for the department of community, trade, and economic development, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:
The department is authorized to charge reasonable fees to cover costs for conferences, workshops, and training purposes and to expend those fees for the purposes for which they were collected.
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:
In order to extend its services and programs, the department may charge reasonable fees for services and products provided in the areas of financial assistance, housing, international trade, community assistance, economic development, and other service delivery areas, except as otherwise provided. These fees are not intended to exceed the costs of providing the service or preparing and distributing the product.
NEW SECTION. Sec. 3. A new section is added to chapter 43.330 RCW to read as follows:
Before the fees authorized in sections 2, 12, and 22 of this act become effective the department shall:
(1) Submit the proposed schedule of fees to the office of financial management for approval on or before November 1, 1994; and
(2) Submit the fees approved by the office of financial management to the appropriate committees of the senate and house of representatives before December 1, 1994.
NEW SECTION. Sec. 4. A new section is added to chapter 43.330 RCW to read as follows:
The community and economic development fee account is created in the state treasury. The department may create subaccounts as necessary. The account consists of all receipts from fees charged by the department under sections 1 and 2 of this act and RCW 43.210.110. Expenditures from the account may be used only for the purposes of this chapter. Only the director or the director's designee may authorize expenditures from the account. Expenditures from the account may be spent only after appropriation.
Sec. 5. RCW 70.95H.040 and 1991 c 319 s 206 are each amended to read as follows:
In order to carry out its responsibilities under this chapter, the center may:
(1) Receive such gifts, grants, funds, fees, and endowments, in trust or otherwise, for the use and benefit of the purposes of the center. The center may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;
(2) Initiate, conduct, or contract for studies and searches relating to market development for recyclable materials, including but not limited to applied research, technology transfer, and pilot demonstration projects;
(3) Obtain and disseminate information relating to market development for recyclable materials from other state and local agencies;
(4) Enter into, amend, and terminate contracts with individuals, corporations, trade associations, and research institutions for the purposes of this chapter;
(5) Provide grants to local governments or other public institutions to further the development of recycling markets;
(6) Provide business and marketing assistance to public and private sector entities within the state; ((and))
(7) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials; and
(8) Charge reasonable fees for services, products, conferences, workshops, or any other activity of the center upon any person not required to pay assessments imposed under chapter 82.18 or 82.19 RCW. The fees collected under this subsection shall be expended solely for the purposes of the center.
NEW SECTION. Sec. 6. A new section is added to chapter 70.95H RCW to read as follows:
The clean Washington center fee account is created in the state treasury. Proceeds from fees collected by the center for services and products shall be deposited into this account. Expenditures from this account may be used only for the purposes under this chapter. Only the director or the director's designee may authorize expenditures from the account. Expenditures from the account may be spent only after appropriation.
Sec. 7. RCW 43.210.110 and 1993 sp.s. c 24 s 922, 1993 c 366 s 1, and 1993 c 280 s 57 are each reenacted and amended to read as follows:
(1) The small business export finance assistance center has the following powers and duties when exercising its authority under RCW 43.210.100(3):
(a) Solicit and accept grants, contributions, and any other financial assistance from the federal government, federal agencies, and any other public or private sources to carry out its purposes;
(b) Offer comprehensive export assistance and counseling to manufacturers relatively new to exporting with gross annual revenues less than twenty-five million dollars. As close to seventy-five percent as possible of each year's new cadre of clients must have gross annual revenues of less than five million dollars at the time of their initial contract. At least fifty percent of each year's new cadre of clients shall be from timber impact areas as defined in RCW 43.31.601. Counseling may include, but not be limited to, helping clients obtain debt or equity financing, in constructing competent proposals, and assessing federal guarantee and/or insurance programs that underwrite exporting risk; assisting clients in evaluating their international marketplace by developing marketing materials, assessing and selecting targeted markets; assisting firms in finding foreign customers by conducting foreign market research, evaluating distribution systems, selecting and assisting in identification of and/or negotiations with foreign agents, distributors, retailers, and by promoting products through attending trade shows abroad; advising companies on their products, guarantees, and after sales service requirements necessary to compete effectively in a foreign market; designing a competitive strategy for a firm's products in targeted markets and methods of minimizing their commercial and political risks; securing for clients specific assistance as needed, outside the center's field of expertise, by referrals to other public or private organizations. The Pacific Northwest export assistance project shall focus its efforts on facilitating export transactions for its clients, and in doing so, provide such technical services as are appropriate to accomplish its mission either with staff or outside consultants;
(c) Sign three-year counseling agreements with its clients that provide for termination if adequate funding for the Pacific Northwest export assistance project is not provided in future appropriations. Counseling agreements shall not be renewed unless there are compelling reasons to do so, and under no circumstances shall they be renewed for more than two additional years. A counseling agreement may not be renewed more than once. The counseling agreements shall have mutual performance clauses, that if not met, will be grounds for releasing each party, without penalty, from the provisions of the agreement. Clients shall be immediately released from a counseling agreement with the Pacific Northwest export assistance project, without penalty, if a client wishes to switch to a private export management service and produces a valid contract signed with a private export management service, or if the president of the small business export finance assistance center determines there are compelling reasons to release a client from the provisions of the counseling agreement;
(d) May contract with private or public international trade education services to provide Pacific Northwest export assistance project clients with training in international business. The president and board of directors shall decide the amount of funding allocated for educational services based on the availability of resources in the operating budget of the Pacific Northwest export assistance project;
(e) May contract with the Washington state international trade fair to provide services for Pacific Northwest export assistance project clients to participate in one trade show annually. The president and board of directors shall decide the amount of funding allocated for trade fair assistance based on the availability of resources in the operating budget of the Pacific Northwest export assistance project;
(f) Provide biennial assessments of its performance. Project personnel shall work with the department of revenue and employment security department to confidentially track the performance of the project's clients in increasing tax revenues to the state, increasing gross sales revenues and volume of products destined to foreign clients, and in creating new jobs for Washington citizens. A biennial report shall be prepared for the governor and legislature to assess the costs and benefits to the state from creating the project. The president of the small business export finance assistance center shall design an appropriate methodology for biennial assessments in consultation with the director of community, trade, and economic development and the director of the Washington state department of agriculture. The department of revenue and the employment security department shall provide data necessary to complete this biennial evaluation, if the data being requested is available from existing data bases. Client-specific information generated from the files of the department of revenue and the employment security department for the purposes of this evaluation shall be kept strictly confidential by each department and the small business export finance assistance center;
(g) Take whatever action may be necessary to accomplish the purposes set forth in RCW 43.210.070 and 43.210.100 through 43.210.120; and
(h) Limit its assistance to promoting the exportation of value-added manufactured goods. The project shall not provide counseling or assistance, under any circumstances, for the importation of foreign made goods into the United States.
(2) The Pacific Northwest export assistance project shall not, under any circumstances, assume ownership or take title to the goods of its clients.
(3) The Pacific Northwest export assistance project may not use any Washington state funds which come from the public treasury of the state of Washington to make loans or to make any payment under a loan guarantee agreement. Under no circumstances may the center use any funds received under RCW 43.210.050 to make or assist in making any loan or to pay or assist in paying any amount under a loan guarantee agreement. Debts of the center shall be center debts only and may be satisfied only from the resources of the center. The state of Washington shall not in any way be liable for such debts.
(4) The Pacific Northwest export assistance project shall make every effort to seek nonstate funds to supplement its operations. The small business export finance assistance center and the project are authorized to charge reasonable fees for services and products provided and to expend the proceeds for the particular purposes for which they were collected.
(5) The small business export finance assistance center and its Pacific Northwest export assistance project shall take whatever steps are necessary to provide its services, if requested, to the states of Oregon, Idaho, Montana, Alaska, and the Canadian provinces of British Columbia and Alberta. Interstate services shall not be provided by the Pacific Northwest export assistance project during its first biennium of operation. The provision of services may be temporary and subject to the payment of fees, or each state may request permanent services contingent upon a level of permanent funding adequate for services provided. Temporary services and fees may be negotiated by the small business export finance assistance center's president subject to approval of the board of directors. The president of the small business export finance assistance center may enter into negotiations with neighboring states to contract for delivery of the project's services. Final contracts for providing the project's counseling and services outside of the state of Washington on a permanent basis shall be subject to approval of the governor, appropriate legislative oversight committees, and the small business export finance assistance center's board of directors.
(6) The small business export finance assistance center may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the Pacific Northwest export assistance project and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
(7) The president of the small business export finance assistance center, in consultation with the board of directors, may use the following formula in determining the number of clients that can be reasonably served by the Pacific Northwest export assistance project relative to its appropriation. Divide the amount appropriated for administration of the Pacific Northwest export assistance project by the marginal cost of adding each additional Pacific Northwest export assistance project client. For the purposes of this calculation, and only for the first biennium of operation, the biennial marginal cost of adding each additional Pacific Northwest export assistance project client shall be fifty-seven thousand ninety-five dollars. The biennial marginal cost of adding each additional client after the first biennium of operation shall be established from the actual operating experience of the Pacific Northwest export assistance project.
(((8) All receipts from the Pacific Northwest export assistance project shall be deposited into the general fund. However, during the 1993-95 fiscal biennium, the receipts of the project shall be deposited into the small business export finance assistance center fund under RCW 43.210.070.))
NEW SECTION. Sec. 8. The fees authorized under sections 1 and 2 of this act and RCW 70.95H.040 and 43.210.110 shall be adopted by rule pursuant to chapter 34.05 RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 46.70 RCW to read as follows:
(1) In addition to the requirements contained in RCW 46.70.135, each sale of a new manufactured home in this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable federal and state laws and regulations establishing standards of safety or quality, and with implied warranties of merchantability and fitness for a particular purpose as permanent housing in the climate of the state.
(2) The implied warranties contained in this section may not be waived, limited, or modified. Any provision that attempts to waive, limit, or modify the implied warranties contained in this section is void and unenforceable.
NEW SECTION. Sec. 10. A new section is added to chapter 46.70 RCW to read as follows:
Any dealer, manufacturer, or contractor who installs a manufactured home warrants that the manufactured home is installed in accordance with the state installation code, chapter 296-150B WAC. The warranty contained in this section may not be waived, limited, or modified. Any provision attempting to waive, limit, or modify the warranty contained in this section is void and unenforceable. This section does not apply when the manufactured home is installed by the purchaser of the home.
Sec. 11. RCW 46.70.135 and 1989 c 343 s 22 are each amended to read as follows:
Mobile home manufacturers and mobile home dealers who sell mobile homes to be assembled on site and used as residences in this state shall conform to the following requirements:
(1) No new manufactured home may be sold unless the purchaser is provided with a manufacturer's written warranty for construction of the home in compliance with the Magnuson-Moss Warranty Act (88 Stat. 2183; 15 U.S.C. Sec. 47 et seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the purchaser is provided with a dealer's written warranty for all installation services performed by the dealer.
(3) The warranties required by subsections (1) and (2) of this section shall be valid for a minimum of one year measured from the date of ((sale)) delivery and shall not be invalidated by resale by the original purchaser to a subsequent purchaser or by the certificate of ownership being eliminated or not issued as described in chapter 65.20 RCW. Copies of the warranties shall be given to the purchaser upon signing a purchase agreement and shall include an explanation of remedies available to the purchaser under state and federal law for breach of warranty, the name and address of the federal department of housing and urban development and the state departments of licensing and labor and industries, and a brief description of the duties of these agencies concerning mobile homes.
(4) Warranty service shall be completed within forty-five days after the owner gives written notice of the defect unless there is a bona fide dispute between the parties. Warranty service for a defect affecting health or safety shall be completed within seventy-two hours of receipt of written notice. Warranty service shall be performed on site and a written work order describing labor performed and parts used shall be completed and signed by the service agent and the owner. If the owner's signature cannot be obtained, the reasons shall be described on the work order. Work orders shall be retained by the dealer or manufacturer for a period of three years.
(5) Before delivery of possession of the home to the purchaser, an inspection shall be performed by the dealer or his or her agent and by the purchaser or his or her agent which shall include a test of all systems of the home to insure proper operation, unless such systems test is delayed pursuant to this subsection. At the time of the inspection, the purchaser shall be given copies of all documents required by state or federal agencies to be supplied by the manufacturer with the home which have not previously been provided as required under subsection (3) of this section, and the dealer shall complete any required purchaser information card and forward the card to the manufacturer. A purchaser is deemed to have taken delivery of the manufactured home when all three of the following events have occurred: (a) The contractual obligations between the purchaser and the seller have been met; (b) the inspection of the home is completed; and (c) the systems test of the home has been completed subsequent to the installation of the home, or fifteen days has elapsed since the transport of the home to the site where it will be installed, whichever is earlier. Occupancy of the manufactured home shall only occur after the systems test has occurred and all required utility connections have been approved after inspection.
(6) Manufacturer and dealer advertising which states the dimensions of a home shall not include the length of the draw bar assembly in a listed dimension, and shall state the square footage of the actual floor area.
NEW SECTION. Sec. 12. A new section is added to chapter 43.330 RCW to read as follows:
The department may mediate disputes that arise regarding any warranty required in chapter 46.70 RCW pertaining to the purchase or installation of a manufactured home. The department may charge reasonable fees for this service and shall deposit the moneys collected in accordance with section 23 of this act.
Sec. 13. RCW 46.70.180 and 1993 c 175 s 3 are each amended to read as follows:
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.
(2) To incorporate within the terms of any purchase and sale agreement any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.
(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold to a person for a consideration and upon further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer of a vehicle a written order or offer to purchase, or a contract document signed by the buyer, which:
(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within forty-eight hours, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer, to deliver to the buyer either the dealer's signed acceptance or all copies of the order, offer, or contract document together with any initial payment or security made or given by the buyer, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer as part of the purchase price, for any reason except substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesman to refuse to furnish, upon request of a prospective purchaser, the name and address of the previous registered owner of any used vehicle offered for sale.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle.
(9) For a dealer, salesman, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser prior to the delivery of the bargained-for vehicle, to commingle ((said)) the "on deposit" funds with assets of the dealer, salesman, or mobile home manufacturer instead of holding ((said)) the "on deposit" funds as trustee in a separate trust account until the purchaser has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales agreement signed by the seller and buyer.
(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, gratuity, or reward in connection with the purchase or sale of a new motor vehicle.
(12) For a buyer's agent acting directly or through a subsidiary to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase or sale of a new motor vehicle.
(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) ((said)) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith.
(c) Encourage, aid, abet, or teach a vehicle dealer to sell vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under the terms of any warranty that a purchaser of any new or unused vehicle that has been sold, distributed for sale, or transferred into this state for resale by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.
Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (((11)(b))) (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
NEW SECTION. Sec. 14. The purpose of this chapter is to ensure that all mobile and manufactured homes are installed by a certified manufactured home installer in accordance with the state installation code, chapter 296-150B WAC, in order to provide greater protections to consumers and make the warranty requirement of section 2 of this act easier to achieve.
NEW SECTION. Sec. 15. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Authorized representative" means an employee of a state agency, city, or county acting on behalf of the department.
(2) "Certified manufactured home installer" means a person who is in the business of installing mobile or manufactured homes and who has been issued a certificate by the department as provided in this chapter.
(3) "Department" means the department of community, trade, and economic development.
(4) "Director" means the director of community, trade, and economic development.
(5) "Manufactured home" means a single-family dwelling built in accordance with the department of housing and urban development manufactured home construction and safety standards act, which is a national, preemptive building code.
(6) "Mobile or manufactured home installation" means all on-site work necessary for the installation of a manufactured home, including:
(a) Construction of the foundation system;
(b) Installation of the support piers;
(c) Required connection to foundation system and support piers;
(d) Skirting;
(e) Connections to the on-site water and sewer systems that are necessary for the normal operation of the home; and
(f) Extension of the pressure relief valve for the water heater.
(7) "Manufactured home standards" means the manufactured home construction and safety standards as promulgated by the United States department of housing and urban development (HUD).
(8) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD manufactured home construction and safety standards act.
(9) "Training course" means the education program administered by the department as a prerequisite to taking the examination for certification.
NEW SECTION. Sec. 16. After July 1, 1995, a mobile or manufactured home may not be installed without a certified manufactured home installer providing on-site supervision whenever installation work is being performed. The certified manufactured home installer is responsible for the reading, understanding, and following the manufacturer's installation instructions and performance of noncertified workers engaged in the installation of the home. There shall be at least one certified manufactured home installer on the installation site whenever installation work is being performed.
A manufactured home installer certification shall not be required for:
(1) Site preparation;
(2) Sewer and water connections outside of the building site;
(3) Specialty trades that are responsible for constructing accessory structures such as garages, carports, and decks;
(4) Pouring concrete into forms;
(5) Painting and dry wall finishing;
(6) Carpet installation;
(7) Specialty work performed within the scope of their license by licensed plumbers or electricians. This provision does not waive or lessen any state regulations related to licensing or permits required for electricians or plumbers;
(8) A mobile or manufactured home owner performing installation work on their own home; and
(9) A manufacturer's mobile home installation crew installing a mobile or manufactured home sold by the manufacturer except for the on-site supervisor.
Violation of this section is an infraction.
NEW SECTION. Sec. 17. A person desiring to be issued a certificate of manufactured home installation as provided in this chapter shall make application to the department, in such a form as required by the department.
Upon receipt of the application and evidence required in this chapter, the director shall review the information and make a determination as to whether the applicant is eligible to take the training course and examination for the certificate of manufactured home installation. An applicant must furnish written evidence of six months of experience under the direct supervision of a certified manufactured home installer, or other equivalent experience, in order to be eligible to take the training course and examination. The director shall establish reasonable rules for the training course and examinations to be given to applicants for certificates of manufactured home installation. Upon determining that the applicant is eligible to take the training course and examination, the director shall notify the applicant, indicating the time and place for taking the training course and examination.
The requirement that an applicant must be under the direct supervision of a certified manufactured home installer for six months only applies to applications made on or after July 1, 1996. For applications made before July 1, 1996, the department shall require evidence of experience to satisfy this requirement.
The director may allow other persons to take the training course and examination on manufactured home installation, without certification.
NEW SECTION. Sec. 18. The department shall prepare a written training course and examination to be administered to applicants for manufactured home installer certification. The examination shall be constructed to determine whether the applicant:
(1) Possesses general knowledge of the technical information and practical procedures that are necessary for manufactured home installation;
(2) Is familiar with the federal and state codes and administrative rules pertaining to manufactured homes; and
(3) Is familiar with the local government regulations as related to manufactured home installations.
The department shall certify the results of the examination and shall notify the applicant in writing whether the applicant has passed or failed the examination. An applicant who failed the examination may retake the training course and examination. The director may not limit the number of times that a person may take the training course and examination.
NEW SECTION. Sec. 19. (1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects meet the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.
(2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.
NEW SECTION. Sec. 20. Any local government mobile or manufactured home installation application and permit shall state the name and certification identification number of the certified manufactured home installer supervising such installation. A local government may not issue a permit to install a manufactured home unless: (1) The installer submits a copy of the certificate of manufactured home installation to the local government; or (2) work is being performed that does not require a certified installer. When work must be performed by a certified manufactured home installer, no work may commence until the installer or the installer's agent has posted or otherwise made available, with the inspection record card at the set-up site, a copy of the certified manufactured home installer's certificate of manufactured home installation.
NEW SECTION. Sec. 21. (1) The department may revoke a certificate of manufactured home installation upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder of the certificate is judged to be incompetent as a result of multiple infractions of the state installation code, WAC 296-150B-200 through 296-150B-255; or
(c) The holder has violated a provision of this chapter or a rule adopted to implement this chapter.
(2) Before a certificate of manufactured home installation is revoked, the holder must be given written notice of the department's intention to revoke the certificate, sent by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with the provisions of chapter 34.05 RCW.
NEW SECTION. Sec. 22. The department shall charge reasonable fees to cover the costs to administer the certification program which shall include but not be limited to the issuance, renewal, and reinstatement of all certificates, training courses, and examinations required under this chapter. All fees collected under this chapter shall be deposited in the manufactured home installation training account created in section 23 of this act and used only for the purposes specified in this chapter.
The fees shall be limited to covering the direct cost of issuing the certificates, administering the examinations, and administering and enforcing this chapter. The costs shall include only essential travel, per diem, and administrative support costs.
NEW SECTION. Sec. 23. The manufactured home installation training account is created in the state treasury. All receipts collected under this chapter and any legislative appropriations for manufactured home installation training shall be deposited into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account may only be used for the purposes of this chapter. Unexpended and unencumbered moneys that remain in the account at the end of the fiscal year do not revert to the state general fund but remain in the account, separately accounted for, as a contingency reserve.
NEW SECTION. Sec. 24. An authorized representative may investigate alleged or apparent violations of this chapter. Upon presentation of credentials, an authorized representative, including a local government building official, may inspect sites at which manufactured home installation work is undertaken to determine whether such work is being done under the supervision of a certified manufactured home installer. Upon request of the authorized representative, a person performing manufactured home installation work shall identify the person holding the certificate issued by the department in accordance with this chapter.
NEW SECTION. Sec. 25. An authorized representative of the department may issue a notice of infraction if the person supervising the manufactured home installation work fails to produce evidence of having a certificate issued by the department in accordance with this chapter. A notice of infraction issued under this chapter shall be personally served on or sent by certified mail to the person named in the notice by the authorized representative.
NEW SECTION. Sec. 26. (1) The department shall prescribe the form of the notice of infraction issued under this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of a monetary penalty that has been established for the infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the authorized representative who issued and served the notice of the infraction;
(g) A statement, that the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;
(h) A statement that refusal to sign the infraction as directed in (g) of this subsection is a misdemeanor; and
(i) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail.
NEW SECTION. Sec. 27. Each day in which a person engages in the installation of manufactured homes in violation of this chapter is a separate infraction. Each worksite at which a person engages in the trade of manufactured home installation in violation of this chapter is a separate infraction.
NEW SECTION. Sec. 28. It is a violation of this chapter for any contractor, manufactured home dealer, manufacturer, or home dealer's or manufacturer's agent to engage any person to install a manufactured home who is not certified in accordance with this chapter.
NEW SECTION. Sec. 29. All violations designated as an infraction shall be adjudicated in accordance with the administrative procedure act, chapter 34.05 RCW.
NEW SECTION. Sec. 30. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction.
NEW SECTION. Sec. 31. (1) A person found to have committed an infraction under this chapter shall be assessed a monetary penalty of one thousand dollars.
(2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction.
(3) Monetary penalties collected under this chapter shall be remitted as provided in chapter 3.62 RCW.
NEW SECTION. Sec. 32. The director may adopt rules in accordance with chapter 34.05 RCW, make specific decisions, orders, and rulings, include demands and findings within the decisions, orders, and rulings, and take other necessary action for the implementation and enforcement of duties under this chapter.
NEW SECTION. Sec. 33. Sections 14 through 32 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 34. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 35. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 2 of the title, after "development;" strike the remainder of the title and insert "amending RCW 70.95H.040, 46.70.135, and 46.70.180; reenacting and amending RCW 43.210.110; adding new sections to chapter 43.330 RCW; adding a new section to chapter 70.95H RCW; adding new sections to chapter 46.70 RCW; adding a new chapter to Title 43 RCW; creating a new section; prescribing penalties; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Skratek and Prentice; Representatives Rust, H. Myers and Van Luven
MOTION
On motion of Senator Skratek, the Senate adopted the Report of the Conference Committee on Second Substitute Senate Bill No. 6107.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6107, as recommended by the Conference Committee.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6107, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 10; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 36.
Voting nay: Senators Amondson, Anderson, Cantu, McDonald, Morton, Roach, Schow, Sellar, Smith, L. and Williams - 10.
Absent: Senator Owen - 1.
Excused: Senators Deccio and McCaslin - 2.
SECOND SUBSTITUTE SENATE BILL NO. 6107, as recommended by the Conference Committee, 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 President advanced the Senate to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Rasmussen, Gubernatorial Appointment No. 9288, Mitchell S. Johnson as a member of the Wildlife Commission, was confirmed.
APPOINTMENT OF MITCHELL S. JOHNSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, 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 - 46.
Absent: Senator Owen - 1.
Excused: Senators Deccio and McCaslin - 2.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 6243 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
CONFERENCE COMMITTEE REPORT
SSB 6243 March 9, 1994
Includes "NEW ITEMS": YES
An Act relating to the capital budget
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 6243, An Act relating to the capital budget, have had the same under consideration and we recommend that:
The House amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:
Strike everything after the enacting clause and insert the following:
"PART 1
GENERAL GOVERNMENT
Sec. 1. 1993 sp.s. c 22 s 106 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
To purchase land ((for)), design, and construct a new ((higher education institution)) collocated community college and University of Washington branch campus (94-1-003)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided to acquire property ((for)), design, and construct a new ((institution of higher education)) collocated community college and University of Washington branch campus to meet the higher education needs of the north King and south Snohomish county area((. A minimum of four sites shall be evaluated by the higher education coordinating board for purchase with this appropriation));
(2) The location of the property to be acquired for the new collocated campus shall be determined by the higher education coordinating board. The higher education coordinating board shall acquire a site contingent upon a satisfactory site selection environmental impact statement, any necessary environmental permits, and fiscal approval by the office of financial management. The higher education coordinating board may obtain an option on a second site if it becomes reasonably apparent that contingencies on the first site will not be met;
(3) The appropriation in this section shall not be expended to purchase property unless the office of financial management has made a reasonable determination that potential storm water and flood water will not damage property or buildings to be constructed on the proposed site, result in mitigation actions that cost more than comparable property in the general area, or possess characteristics which require extraordinary environmental mitigation or engineering safeguards;
(((3))) (4) The appropriation in this section shall not be expended to purchase property until a site development plan is proposed for the site that accommodates all proposed buildings outside of any potential flood plain;
(((4))) (5) The legislature recognizes that additional appropriations may be required for development of the new institution in future biennia; ((and
(5))) (6) The office of financial management may consider any studies, whether or not still in progress, relevant to this appropriation; and
(7) The moneys provided in this section shall be allocated to the appropriate agencies by the office of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((4,500,000))
25,210,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((4,500,000))
25,210,000
Sec. 2. 1993 sp.s. c 22 s 110 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Capital budget system improvements (94-2-002)
The office of financial management shall develop standards for allowable staffing expenses attributable to capital projects and include those standards in the capital budget instructions for the 1995-97 ten-year capital plan. The standards shall:
(1) Identify the allowable expenses for construction management, administration, support, overhead, and other categories of staffing costs directly associated with planning and management of capital projects;
(2) Identify allowable expenses attributable to work performed by state employees or contracted through purchased services or personal service contracts other than those identified in subsection (1) of this section; and
(3) Identify the types of staffing expenses that are not appropriately paid from cash or bond capital project funding sources.
The office of financial management shall report to the appropriate committees of the legislature by February 10, 1995, on the amount of staffing expenses and the number of full-time equivalent employees estimated to be funded by capital appropriations during the 1993-1995 biennium.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 100,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 1,200,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1,600,000
NEW SECTION. Sec. 3. A new section is added to 1993 sp.s. c 22 to read as follows:
Watershed Restoration Partnership Program: For watershed and fish and wildlife habitat restoration
The appropriation in this section is subject to the following conditions and limitations:
(1) The legislature finds that it has already appropriated more than $40,000,000 in the 1993-1995 operating and capital budgets for watershed restoration and protection programs and that the federal government has also begun to invest funds in a long-term program to restore and preserve watersheds on nonstate lands in the state. The appropriations in this section shall be deposited in the watershed restoration account, which is hereby created in the state treasury. The intent of the legislature in making this appropriation, and the purposes of the watershed restoration account, are to:
(a) Restore and protect watersheds in accordance with priorities established to benefit fish stocks in critical or depressed condition as determined by the department of fish and wildlife;
(b) Avoid, to the greatest extent feasible, additional federal regulation of potentially endangered species;
(c) Provide a mechanism to accept federal funds dedicated to the state of Washington for watershed restoration;
(d) Conduct watershed restoration and protection projects primarily on state lands in coordination with federal, local, tribal, and private sector efforts;
(e) Demonstrate the state's commitment to watershed restoration and protection while seeking additional federal funding; and
(f) Expedite the expenditure of funds on a scientific basis for fish stock recovery and, to that end, contracted services and other techniques for providing accelerated local construction services should be utilized.
(2) Except as provided in subsection (4) of this section, this appropriation is solely for capital projects jointly selected by the department of natural resources and fish and wildlife. Funds may be expended for directly associated planning, design and engineering for capital projects, which restore and protect priority watersheds which have been jointly identified, and selected by the department of fish and wildlife and the department of natural resources. Funds from the watershed recovery account shall be expended for projects which conform to priorities for fish stock recovery developed through watershed analysis conducted by the department of natural resources and the department of fish and wildlife's salmon and steelhead stock inventory. Funds expended from the watershed recovery account shall be used for specific projects and not for ongoing operational costs. Examples of the types of eligible projects include, but are not limited to, closure or improvement of forest roads, repair of culverts, clean-up of stream beds, removal of fish barriers, installation of fish screens, fencing of streams, and construction and planting of fish cover.
(3) Subject to the requirements of subsection (2) of this section, at least $2,000,000 shall be allocated for local initiative grants for environmental and forest restoration projects.
(4) The department of natural resources and the department of fish and wildlife, in consultation with the watershed coordinating council, the office of financial management, and other appropriate agencies, shall report to the appropriate committees of the legislature by January 1, 1995, on any expenditures made from this appropriation and a plan for future use of the moneys provided in this section. The plan shall include a prioritized list of watersheds and future watershed projects. The plan shall also consider future funding needs, the availability of federal funding, the integration and coordination of existing watershed and protection programs, and the possibility of submitting a referendum to the voters of the state to provide future state funding.
(5) All projects shall be consistent with any development regulations or comprehensive plans adopted under the growth management act for the project areas. No funds shall be expended to acquire land through condemnation.
Appropriation:
General Fund. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 5,000,000
Wildlife Fund. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 500,000
Aquatic Lands Enhancement Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000
Water Quality Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,000,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 10,000,000
Sec. 4. 1993 sp.s. c 22 s 113 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Highways-Licenses Building: To complete the construction to renovate the Highway-Licenses Building on the capitol campus (88-5-011) (92-2-003)
The appropriation shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((18,000,000))
16,950,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,938,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((22,938,000))
21,888,000
Sec. 5. 1993 sp.s. c 22 s 122 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Tumwater Satellite Campus Land Acquisition: To purchase in fee simple real property for future state development in the city of Tumwater (92-5-000)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided solely for land acquisition, and shall not be expended until the office of financial management has approved a specific plan for development of the Tumwater satellite campus.
(2) Before expending any moneys from the appropriations, the department shall obtain a written agreement from the city of Tumwater, the port of Olympia, and the Tumwater school district requiring the consent of the office of financial management for any state responsibility or liability associated with general infrastructure development or facility relocation within the Tumwater campus planning area.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 890,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((3,600,000))
3,265,046
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((4,490,000))
4,155,046
Sec. 6. 1993 sp.s. c 22 s 126 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Collocation and consolidation of state facilities: To identify the current locations of major concentrations of state facilities within the state and determine where state facilities can be collocated and consolidated (92-5-004)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall prepare policy recommendations and cost estimates for opportunities to collocate and consolidate state facilities, including a comparison of the benefits and costs of purchasing or leasing such facilities and an analysis of private sector impacts.
(2) The appropriations shall not be spent until a detailed scope of work has been reviewed and approved by the office of financial management.
(3) The reappropriation is provided solely to complete phase one of the project, begun in the 1991-93 biennium.
(4) $40,000 of this appropriation is provided solely for planning, negotiation, and development of collocated state facilities in Spokane, Tacoma, and Port Angeles.
(5) $75,000 of this appropriation is provided to identify areas of the state with potential for efficiencies from collocation and consolidation of state facilities and to prepare implementation plans.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 105,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((300,000))
415,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 120,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((525,000))
640,000
Sec. 7. 1993 sp.s. c 22 s 137 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Capitol Campus preservation (94-1-010)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((3,037,000))
219,000
Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((388,000))
3,206,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,425,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 27,259,550
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 30,684,550
Sec. 8. 1993 sp.s. c 22 s 138 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building preservation (94-1-011)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 304,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 304,000
Sec. 9. 1993 sp.s. c 22 s 139 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Temple of Justice preservation (94-1-012)
Appropriation:
((St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 147,000))
Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((277,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 424,000))
424,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 424,000
Sec. 10. 1993 sp.s. c 22 s 140 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Northern State Multiservice Center: For critical life/safety and preservation projects (94-1-014)
The appropriation in this section is subject to the following conditions and limitations:
(1) The department ((shall report to the legislature by November 1, 1994, with options for the disposition of the nonstate-occupied portions of the campus after the reduction or closure of state programs)), in consultation with the local community and the office of financial management, shall develop a plan for the disposal of the property at the Northern State multi-service center and report on the plan to the fiscal committees of the legislature by December 1, 1994. In developing the plan, the department shall solicit proposals to exchange use or ownership of the facility or portions of the facility for environmental cleanup or demolition services or other consideration. The department shall also consider, in consultation with the correctional industries board of directors, the feasibility of using correctional industries for environmental cleanup and demolition.
(2) The appropriation shall not be spent until the office of financial management has approved a facility repair and preservation plan for the campus.
Appropriation:
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 872,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 872,000
Sec. 11. 1993 sp.s. c 22 s 141 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Office Building 2 preservation (94-1-015)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 2,339,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,589,000
Sec. 12. 1993 sp.s. c 22 s 143 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Employment Security Building preservation (94-1-017)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 74,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 575,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 649,000
Sec. 13. 1993 sp.s. c 22 s 147 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Lacey light industrial park acquisition (94-2-003)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,100,000))
66,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((18,200,000))
0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,300,000))
66,000
Sec. 14. 1993 sp.s. c 22 s 157 (uncodified) is amended to read as follows:
State-wide preservation (93-1-008)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((2,518,400))
2,466,400
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 800,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 1,766,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((5,084,400))
5,032,400
NEW SECTION. Sec. 15. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE MILITARY DEPARTMENT
Yakima Armory predesign (94-2-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 52,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 7,691,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 7,743,000
Sec. 16. 1993 sp.s. c 22 s 162 (uncodified) is amended to read as follows:
FOR THE WASHINGTON HORSE RACING COMMISSION
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the benefit and support of thoroughbred horse racing;
(2) ((No)) Expenditures from this appropriation ((may)) shall only be made to construct horse race or related facilities ((until)) after the commission has made a determination that the applicant has the ability to complete the construction of a facility and fund its operation and the applicant has completed all state and federal permitting requirements;
(3) The Washington horse racing commission shall insure that any expenditure from this appropriation will protect the state's long-term interest in the continuation and development of thoroughbred horse racing.
Appropriation:
Washington Thoroughbred
Racing Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 8,200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 8,200,000
PART 2
HUMAN SERVICES
Sec. 17. 1993 sp.s. c 22 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Grays Harbor dredging (88-3-006)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the state's share of costs for Grays Harbor dredging, dike construction, bridge relocation, and related expenses.
(2) Expenditure of moneys from this appropriation is contingent on the authorization of $40,000,000 and an initial appropriation of at least $13,000,000 from the United States army corps of engineers and the authorization of at least $10,000,000 from the local government for the project. Up to $3,500,000 of the local government contribution for the first year on the project may be composed of property, easements, rent adjustments, and other expenditures specifically for the purposes of this appropriation if approved by the army corps of engineers. State funds shall be disbursed at a rate not to exceed one dollar for every four dollars of federal funds expended by the army corps of engineers and one dollar from other nonstate sources.
(3) Expenditure of moneys from this appropriation is contingent on a cost-sharing arrangement and the execution of a local cooperation agreement between the port of Grays Harbor and the army corps of engineers pursuant to P.L. 99-662, the federal water resources development act of 1986, whereby the corps of engineers will construct the project as authorized by that federal act.
(4) The port of Grays Harbor shall make the best possible effort to acquire additional project funding from nonstate public grants and/or other governmental sources other than those in subsection (2) of this section. Any money, up to $10,000,000 provided from such sources other than those in subsection (2) of this section, shall be used to reimburse or replace state building construction account money. In the event the project cost is reduced, any resulting reduction or reimbursement of nonfederal costs realized by the port of Grays Harbor shall be shared proportionally with the state.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((5,688,000))
5,969,739
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,312,000))
4,030,261
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 10,000,000
Sec. 18. 1993 sp.s. c 22 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Housing assistance program (88-5-015)
The appropriations in this section are subject to the following conditions and limitations:
(1) ((The $2,000,000)) $3,000,000 of the appropriation from the state building construction account and $3,000,000 of the appropriation from the charitable, educational, penal, and reformatory institutions account is provided to promote development of at least ((120)) 395 safe and affordable housing units for persons eligible for services from the division of developmental disabilities in the department of social and health services. The housing assistance program shall ((convene an advisory group of developmental disabilities service agencies and family members to plan implementation of)) implement this initiative in coordination with the plan for increased efficiency in community residential services developed by the division of developmental disabilities in accordance with the 1994 supplemental operating budget.
(2) $1,000,000 of the appropriation from the charitable, educational, penal, and reformatory institutions account and $1,000,000 of the appropriation from the state building construction account is provided solely to promote the development of safe and affordable shelters for youth. The housing assistance program shall convene an advisory group to plan and develop guidelines for the implementation of this one time initiative. The housing assistance program may require a match, which may include cash, land value, or donated labor and supplies as a condition of receipt of a grant from this appropriation. The program may establish criteria on the administrative and financial capability of an organization, including the ability to provide for the ongoing operating costs of the shelter, when selecting proposals for a grant from this appropriation. It is the intent of the legislature that this appropriation represents a one-time appropriation for youth shelters.
(3) The department of community development shall conduct a study on the feasibility of providing financial guarantees to housing authorities. The department shall submit its findings to the appropriate legislative committees by December 15, 1993.
(((3))) (4) It is the intent of the legislature that, in addition to the moneys provided under subsection (1) of this section, a portion of the state building construction account appropriation be used to develop safe and affordable housing for the developmentally disabled.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 22,000,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((34,000,000))
38,000,000
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ((2,000,000))
4,000,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((36,000,000))
42,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 35,449,197
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 136,000,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((229,449,197))
235,449,197
Sec. 19. 1993 sp.s. c 22 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Emergency Management Building: Minor works (92-2-009)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 120,000
((General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 69,000
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 189,000))
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 97,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((286,000))
217,000
Sec. 20. 1993 sp.s. c 22 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Resource center for the handicapped: To acquire and improve the facilities in which the center currently operates (92-5-000)
The reappropriation in this section is subject to the following conditions and limitations: ((No expenditure may be made until an equal amount of nonstate moneys dedicated to the purchase of the facility have been raised)) Each dollar expended from the reappropriation in this section shall be matched by at least one dollar from nonstate sources expended for the same purpose. The matching money may include lease-purchase payments made by the center prior to the effective date of this section.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1,200,000
Sec. 21. 1993 sp.s. c 22 s 230 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Building for the arts-Phases 1 and 2 (92-5-100) (94-2-021)
For grants to local performing arts and art museum organizations for facility improvements or additions.
The appropriations in this section are subject to the following conditions and limitations:
(1) Grants are limited to the following projects:
Phase 1 (92-5-100)
Estimated Total State State
Capital Cost Grant Share
@ 15%
Seattle Children's Theatre $ 8,000,000 $ 1,200,000 15%
Admiral Theatre (Bremerton) $ 4,261,000 $ 639,000 15%
Pacific Northwest Ballet $ 7,500,000 $ 1,125,000 15%
Seattle Symphony $ 54,000,000 $ 8,100,000 15%
Seattle Repertory Theatre
(Phase 1) $ 4,000,000 $ 600,000 15%
Intiman Theatre $ 800,000 $ 120,000 15%
Broadway Theatre District
(Tacoma) $ 11,800,000 $ 1,770,000 15%
Allied Arts of Yakima $ 500,000 $ 75,000 15%
Spokane Art School $ 454,000 $ 68,000 15%
Seattle Art Museum $ 4,862,500 $ 729,000 15%
Total $ 96,177,500 $14,426,000
Phase 2 (94-2-021)
Estimated Total State State
Capital Cost Grant Share
@ 15%
Bainbridge Performing
Arts Center $ 1,200,000 $ 180,000 15%
The Children's Museum $ 2,850,000 $ 427,500 15%
Everett Community Theatre $ 12,119,063 $ 1,817,859 15%
Kirkland Center for
the Performing Arts $ 2,500,000 $ 375,000 15%
Makah Cultural and
Research Center $ 1,600,000 $ 240,000 15%
Mount Baker Theatre Center $ 1,581,000 $ 237,150 15%
Seattle Group Theatre $ 334,751 $ 50,213 15%
Seattle Opera Association $ 985,000 $ 147,750 15%
Seattle Repertory Theatre
(Phase 2) $ 4,000,000 $ 600,000 15%
Tacoma Little Theatre $ 1,250,000 $ 187,500 15%
Valley Museum of Northwest
Art $ 1,100,000 $ 165,000 15%
Village Theatre $ 6,000,000 $ 900,000 15%
The Washington Center
for the Performing Arts $ 400,000 $ 60,000 15%
Whidbey Island Center
for the Arts $ 1,200,000 $ 180,000 15%
Total $((38,119,814)) $ 5,567,972
37,119,814
(2) The state grant may provide no more than fifteen percent of the estimated total capital cost or actual total capital cost of the project, whichever is less. The remaining portions of project capital costs shall be a match from nonstate sources. The match may include cash and land value.
(3) State funding shall be distributed to projects in the order in which matching requirements for specific project phases have been met.
(4) The department shall submit a list of recommended performing arts, museum, and cultural organization projects for funding in the 1995-97 capital budget. The list shall result from a competitive grants program developed by the department providing for:
(a) A maximum state funding amount of $4 million in the 1995-97 biennium for new projects not previously authorized by the legislature. Maximum state grant awards shall be limited to fifteen percent of the total cost of each qualified project;
(b) Uniform criteria for the selection of projects and awarding of grants. The criteria shall address, at a minimum: The administrative and financial capability of the organization to complete and operate the project; local community support for the project; the contribution the project makes to the diversity of performing arts, museum, and cultural organizations operating in the state; and the geographic distribution of projects; and
(c) A process to provide information describing application procedures to performing arts, museum, and cultural organizations state-wide.
The department may consult with and utilize existing arts organizations to assist with developing the grant criteria and administering the grant program.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 9,475,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 5,961,086
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,773,900
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 2,783,986
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 19,993,972
NEW SECTION. Sec. 22. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern Washington Psychiatric Triage Unit
The appropriation is provided to develop secure beds in Spokane county for persons in need of emergency short-term evaluation, treatment, and stabilization as a result of a psychiatric crisis. The department shall assure that: (1) Funding for the project shall be contingent upon a plan approved by the department of social and health services and upon an agreement by the participating regional support networks to reduce their utilization of eastern state hospital by at least 30 beds early in the 1995-1997 biennium; and (2) the state's investment shall be promptly repaid if the facility is ever converted to a use other than psychiatric care for publicly assisted individuals.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1,000,000
NEW SECTION. Sec. 23. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital: To improve the security of the mentally ill offender unit
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 400,000
Sec. 24. 1993 sp.s. c 22 s 252 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Maple Lane School: Construct a 64-bed, level one security facility (92-2-225)
The appropriations in this section shall not be expended until the capital project review requirements of section 1015, chapter 22, Laws of 1993 sp.s. have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 6,215,800
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 785,600
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((6,715,800))
7,501,400
Sec. 25. 1993 sp.s. c 22 s 279 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp: Eagle Lodge Replacement (94-1-204)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 2,100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,100,000
NEW SECTION. Sec. 26. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp: Eagle Lodge Rehabilitation (94-1-210)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 282,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 282,000
Sec. 27. 1993 sp.s. c 22 s 280 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill School Repairs (94-1-501)
The appropriation in this section is provided for minor repairs, including but not limited to fire and safety code repairs, and kitchen roof repair or replacement.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 240,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 240,000
NEW SECTION. Sec. 28. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Maple Lane School: Fire Safety and Sewer Improvements (94-1-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 470,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 470,000
Sec. 29. 1993 sp.s. c 22 s 282 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF HEALTH
Laboratory expansion, phase 2 (92-2-001)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 780,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((12,583,468))
112,517
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 420,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,783,468))
1,312,517
NEW SECTION. Sec. 30. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF HEALTH
Ground water monitoring pilot project: To test public drinking water systems for organic and inorganic chemicals
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely to implement Substitute House Bill No. 2616. If Substitute House Bill No. 2616 is not enacted by June 30, 1994, the appropriation in this section shall lapse.
(2) The local toxics control account shall be reimbursed by June 30, 1995, by fees sufficient to cover the cost of the program in accordance with the provisions of Substitute House Bill No. 2616 and RCW 43.20B.020.
Appropriation:
Local Toxics Control Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,060,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,060,000
NEW SECTION. Sec. 31. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil Heating System Upgrade (94-1-300)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 700,000
NEW SECTION. Sec. 32. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Roosevelt Hall Sprinkler Installation (94-1-301)
Appropriation:
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 70,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 70,000
NEW SECTION. Sec. 33. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil Laundry Room Improvements (94-1-302)
Appropriation:
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 90,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 90,000
Sec. 34. 1993 sp.s. c 22 s 285 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Complete facility improvements on building nine at ((Soldiers')) Veterans' Home (90-1-009)
Reappropriation:
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 150,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 150,000
Sec. 35. 1993 sp.s. c 22 s 286 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor works at ((veterans' homes)) Soldiers' Home (92-2-008)
Reappropriation:
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 30,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 30,000
Sec. 36. 1993 sp.s. c 22 s 290 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
To repair mechanical, electrical, and heating, ventilation, and air conditioning systems at Soldiers' Home (94-1-100)
Appropriation:
((CEP & RI Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 837,057
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 1,821,835
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,658,892
Sec. 37. 1993 sp.s. c 22 s 294 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
To repair mechanical, electrical and heating, ventilation, and air conditioning systems at Veterans' Home (94-1-200)
Appropriation:
((CEP & RI Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,246,611
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 726,722
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1,973,333
Sec. 38. 1993 sp.s. c 22 s 299 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To make regulatory and code compliance improvements for the preservation of correctional facilities (94-1-001)
Up to $230,000 may be used for improvements to Indian Ridge correctional camp in preparation for transfer of the facility to the division of juvenile rehabilitation. After the transfer of the facility, the department of natural resources shall continue to ensure that substantially the same fire protection services are provided to the region at least through the 1994 fire season.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 4,390,000
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 300,000
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,690,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 10,736,573
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,225,953
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,962,526
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,863,968
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 61,726,068
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 104,242,562
Sec. 39. 1993 sp.s. c 22 s 300 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To make small repairs and improvements to correctional facilities (94-1-002)
((The reappropriation in this section is subject to the conditions and limitations of section 1017(2)(b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by December 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 10,650,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 9,697,577
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 44,652,002
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 64,999,579
Sec. 40. 1993 sp.s. c 22 s 302 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To repair internal building systems for the preservation of correctional facilities (94-1-004)
At least $63,000 from the state building construction account appropriation shall be used for improvements to the Indian Ridge correctional camp in preparation for transfer of the facility to the division of juvenile rehabilitation. To ensure the efficient and timely completion of these improvements, the department shall use correctional industries and inmate labor to the greatest extent possible.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 8,779,445
CEP & RI Acct. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 431,568
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,211,013
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 65,561,403
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 74,772,416
Sec. 41. 1993 sp.s. c 22 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
((Underground storage tanks)) Asbestos allocation (90-1-001)
((That portion of the appropriation related to underground storage tanks may be expended only after compliance with section 107 of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by December 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 256,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 256,500
Sec. 42. 1993 sp.s. c 22 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
For state-wide repairs and improvements (94-2-002)
((The reappropriation in this section is subject to the conditions and limitations of section 1017(2)(b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by March 1, 1995, the reappropriation shall lapse.
Of the appropriation in this section:
(1) $753,000 is provided for correctional industry storage and yard projects at the Washington State Reformatory; and
(2) $727,000 is provided for conversion of program space at Cedar Creek Corrections Center, completion of an intake-discharge unit and motor pool at the Clallam Bay Corrections Center, and conversion of the Eleanor Chase House into a work-release facility.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 9,742,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((17,767,557))
16,505,489
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 110,387,730
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 137,897,287))
136,635,219
NEW SECTION. Sec. 43. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Predesign Yakima Prerelease Facility and Implement Sewer Improvements (94-2-017)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 240,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 240,000
PART 3
NATURAL RESOURCES
Sec. 44. 1993 sp.s. c 22 s 401 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ENERGY OFFICE
Energy partnerships: Planning, development, and contract review of cogeneration projects, and development and financing of conservation capital projects, for schools and state agencies (92-1-003) (92-1-004) (94-1-002)
((The reappropriations in this section are subject to the following conditions and limitations: $2,000,000 of the energy efficiency construction account reappropriation is provided solely for financing conservation capital projects for schools under chapter 39.35C RCW.))
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 358,000
Energy Eff Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,000,000))
1,000,000
-------------
Subtotal ((Appropriation))
Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((3,358,000))
1,358,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((620,424))
0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,978,424))
1,358,000
Sec. 45. 1993 sp.s. c 22 s 403 (uncodified) is amended to read as follows:
Referendum 38 water supply facilities (74-2-006)
$2,500,000 of the state and local improvements revolving account is provided solely for funding the state's cost share in the water conservation demonstration project - Yakima river reregulating reservoir.
Reappropriation:
LIRA, Water Sup Fac. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 11,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 57,081,346
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 13,824,661
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 82,206,007
NEW SECTION. Sec. 46. 1993 sp.s. c 22 s 406 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Fund: Water Quality Account (86-2-007)
The appropriations in this section are subject to the following conditions and limitations:
(1) In awarding grants, extending grant payments, or making loans from these appropriations for facilities that discharge directly into marine waters, the department shall:
(a) Give first priority to secondary wastewater treatment facilities that are mandated by both federal and state law;
(b) Give second priority to projects that reduce combined sewer overflows; and
(c) Encourage economies that are derived from any simultaneous projects that achieve the purposes of both subsections (1) and (2) of this section.
(2) The following limitations shall apply to the department's total distribution of funds appropriated under this section:
(a) Not more than fifty percent for water pollution control facilities that discharge directly into marine waters;
(b) Not more than twenty percent for water pollution control activities that prevent or mitigate pollution of underground waters and facilities that protect federally designated sole source aquifers with at least two-thirds for the Spokane-Rathdrum Prairie aquifer;
(c) Not more than ten percent for water pollution control activities that protect freshwater lakes and rivers including but not limited to Lake Chelan and the Yakima and Columbia rivers;
(d) Not more than ten percent for activities that control nonpoint source water pollution;
(e) Ten percent and such sums as may be remaining from the categories specified in (a) through (d) of this subsection for water pollution control activities or facilities as determined by the department. However, for fiscal year 1995, the department shall give priority consideration under this subsection (2)(e) to those eligible projects which assist local governments in establishing on-site septic system technical assistance programs to inform owners of the benefits of proper operation and maintenance of such systems. No part of such sums provided for septic system technical assistance may be used by a local government to support inspection of systems or for the enforcement of regulatory requirements regarding on-site septic systems.
(3) In determining compliance schedules for the greatest reasonable reduction of combined sewer overflows, the department shall consider the amount of grant or loan moneys available to assist local governments in the planning, design, acquisition, construction, and improvement of combined sewer overflow facilities.
(4) The department shall develop and implement a strategy for increasing the percentage of loans from the centennial clean water program.
(5) No later than December 1, 1993, the department of ecology shall provide to the appropriate committees of the legislature an implementation plan for making administrative efficiencies and service improvements to the grant and loan programs currently administered by the department. The plan shall include but not be limited to actions which: (a) Simplify application and funding cycle procedures; (b) eliminate duplicative oversight functions; (c) consolidate planning requirements as appropriate to be consistent with the growth management act; (d) reduce state and local administrative costs; (e) encourage demand management strategies; and (f) develop watershed or regional mechanisms for solving as completely as possible a community's environmental needs through coordinated cross program prioritization and administration of funding programs. The plan shall identify actions which the department has taken to implement administrative efficiencies and service improvements to the grant and loan programs. At the same time the implementation plan is submitted to the legislature, the department shall provide recommendations for any statutory changes that are needed to implement the plan. Recommendations may include a new method for distributing water quality account money after the current statutory allocation formula expires.
Reappropriation:
Water Quality Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((87,820,000))
74,149,085
Appropriation:
Water Quality Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 63,899,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 183,982,825
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 305,676,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 641,377,825))
627,706,910
Sec. 47. 1993 sp.s. c 22 s 408 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water pollution control facility loans (90-2-002)
Reappropriation:
Water Pollution Cont Rev
Fund--State. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,044,335))
13,302,561
Water Pollution Cont Rev
Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((65,206,025))
64,947,799
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78,250,360
Appropriation:
Water Pollution Cont Rev Fund--
State. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,961,601))
20,239,532
Water Pollution Cont--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((78,689,866))
69,902,955
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((98,651,467))
90,142,487
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 54,871,279
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 283,370,816
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 515,143,921))
506,634,942
Sec. 48. 1993 sp.s. c 22 s 423 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Westhaven: Comfort station and parking construction (89-2-119)
The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((311,349))
45,116
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((85,448))
281,681
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((396,797))
326,797
Sec. 49. 1993 sp.s. c 22 s 427 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden: Rebuild boat launch (89-3-135)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by November 1, 1994, the reappropriation shall lapse.
Reappropriation:
ORA—State. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 275,219
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 13,639
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 288,858
Sec. 50. 1993 sp.s. c 22 s 428 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Larrabee development (89-5-002)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriations in this section are not substantially complete by October 1, 1994, the reappropriations shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 275,000
ORA--((State)) Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 140,540
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 415,540
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 65,350
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 480,890
Sec. 51. 1993 sp.s. c 22 s 430 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Canby initial development (89-5-115)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 232,813
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,774
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 259,587
Sec. 52. 1993 sp.s. c 22 s 431 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Ocean beach access (89-5-120)
Reappropriation:
((ORA--State.. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 286,195))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 250,000
((-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 536,195))
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,191
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((563,386))
277,191
Sec. 53. 1993 sp.s. c 22 s 432 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Spokane Centennial Trail (89-5-166)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by October 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 223,507
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,456
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 226,963
Sec. 54. 1993 sp.s. c 22 s 460 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Timberland purchases and common school purchases (94-2-001)
This reappropriation is provided solely and expressly to reimburse the department of natural resources for administrative expenses incurred for the replacement of timberland and common school lands.
Reappropriation:
((Trust Land Purchase Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 750,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 49,250,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 50,000,000
NEW SECTION. Sec. 55. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Iron Horse trail acquisition (95-2-000)
This appropriation is provided as matching funds for a grant from the federal intermodel surface transportation efficiency act.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 70,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 70,000
Sec. 56. 1993 sp.s. c 22 s 459 (uncodified) is amended to read as follows:
FOR SPECIAL LAND PURCHASES AND COMMON SCHOOL CONSTRUCTION
Special land purchases and common school construction (94-2-000)
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $((27,424,000))12,424,000 of the total appropriation is provided to the state parks and recreation commission. These funds and $15,000,000 of the state general fund appropriated to the state parks and recreation commission ("commission") in Substitute Senate Bill No. 6244 are provided ((to the state parks and recreation commission ("commission"))) solely to acquire the following trust lands that have been identified by the department of natural resources and the commission as appropriate for state park use:
(i) Squak mountain, King county;
(ii) Miller peninsula, Clallam county;
(iii) Hoko river, Clallam county;
(iv) Cascade island, Skagit county;
(v) ((Skykomish river, Snohomish county;
(vi))) Leadbetter point, Pacific county;
(((vii))) (vi) Square lake, Kitsap county;
(((viii))) (vii) Iron Horse/Ragner, King county((;
(ix) Robe gorge, Snohomish county)).
(b) Acquisitions authorized in (a) of this subsection shall be made in priority order, as determined by the commission in consultation with the department of natural resources.
(c) The commission shall provide a $250,000 matching grant to a local government to acquire property including the Robe gorge tunnel trail for use as a park if such local government agrees to assume all obligation to maintain the above referenced property as a park. This authority is provided in lieu of acquisition of the property listed in section 459 (1)(a)(ix), chapter 22, Laws of 1993 sp. sess.
(d) $4,975,000 of the total appropriation is provided to the department of wildlife solely to acquire the following trust lands that have been identified by the department of natural resources and the department of wildlife as appropriate for wildlife habitat:
(i) Cabin creek, Kittitas county;
(ii) Riffe lake, Lewis county;
(iii) Divide ridge, Yakima county.
(((d))) (e) $17,953,000 of the total appropriation is provided to the department of natural resources solely to acquire the following prioritized list of trust lands appropriate for natural area preserve, natural resource conservation area, and/or recreation use:
(i) Mount Pilchuck, Snohomish county;
(ii) Mt. Si, King county.
(2) Lands acquired under this section shall be transferred in fee simple. Timber on these lands shall be commercially unsuitable for harvest due to economic considerations, good forest practices, or other interests of the state.
The state parks and recreation commission, the state wildlife commission, and the commissioner of public lands shall consider operational costs and impacts of acquiring the lands listed in subsection (1) of this section. Efforts shall be made to minimize the operational impacts through public-private partnerships, interlocal agreements or other mechanisms while carrying out the objectives of this section, provided that the aggregate ratio of revenues to the common school construction fund is maintained. Application to the board of natural resources for transfer of these properties from trustland status shall be made based on these considerations.
On December 31, 1994, the state treasurer shall transfer remaining unencumbered funds from this appropriation to the common school construction fund and the appropriation in this section shall be reduced by an equivalent amount.
(3) Property transferred under this section shall be appraised and transferred at fair market value. The proceeds from the value of the timber transferred shall be deposited by the department of natural resources in the same manner as timber revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. The proceeds from the value of the land transferred shall be used by the department of natural resources to acquire real property of equal value to be managed as common school trust land.
(4) The proceeds from the value of the land transferred under this section shall be deposited in the park land trust revolving account to be utilized by the department of natural resources for the exclusive purpose of acquiring replacement common school trust land.
(5) The department of natural resources shall attempt to maintain an aggregate ratio of 85:15 timber-to-land value in these transactions.
(6) Intergrant exchanges between common school and noncommon school trust lands of equal value may occur if the noncommon school trust land meets the criteria established by the commission and the departments of natural resources and wildlife for selection of sites and if the exchange is in the interest of both trusts.
(7) Lands and timber purchased under subsection (1)(d) of this section shall be managed under chapter 79.68, 79.70, or 79.71 RCW as determined by the department of natural resources.
(8) The state parks and recreation commission shall identify appropriate sites for a new marine state park in south Puget Sound as an alternative to the Squaxin Island state park or may enter into agreements which will provide permanent public access to Squaxin Island state park. Moneys provided under subsection (1)(a) of this section may be expended for these purposes pursuant to subsections (2) through (6) of this section.
(9) The board of natural resources shall develop a process for identifying trust lands suitable for transfer from trust status to other state or local public ownership for the benefit of the common schools.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((45,798,000))
30,798,000
Aquatic Lands Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 4,554,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((50,352,000))
35,352,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,352,000))
35,352,000
Sec. 57. 1993 sp.s. c 22 s 462 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington wildlife and recreation program (90-5-002)
Reappropriation:
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,265,227))
2,286,674
Habitat Conservation Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,426,962))
5,456,123
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((2,692,189))
7,742,797
Appropriation:
Habitat Conservation Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,345,553
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((32,425,345))
27,374,737
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((35,117,534))
37,463,087
Sec. 58. 1993 sp.s. c 22 s 463 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies (92-2-001)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((6,048,754))
7,083,959
ORA--Federal. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((700,000))
1,643,644
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,715,970))
4,389,456
Firearms Range Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 136,892
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((10,601,616))
13,253,951
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((5,979,136))
3,326,801
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,580,752
Sec. 59. 1993 sp.s. c 22 s 466 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies (94-3-001) (94-3-005)
Appropriation:
ORA--Federal. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((1,000,000))
984,000
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 5,653,614
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,653,614))
6,637,614
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((6,653,614))
6,637,614
NEW SECTION. Sec. 60. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies: Restore lapsed appropriation (94-3-006)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 443,251
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,296,274
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,739,525
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,739,525
Sec. 61. 1993 sp.s. c 22 s 468 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
NOVA projects (94-3-004)
This appropriation is in addition to the funding distribution under section 469, chapter 22, Laws of 1993 sp. sess. and shall be distributed as follows: $3,297,600 to the ORV recreation facilities program; $1,199,200 to the ORV education, information, and law enforcement programs; and $499,200 to the nonhighway road recreation facilities.
Appropriation:
ORA—State. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 4,996,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 25,500,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 30,496,000
Sec. 62. 1993 sp.s. c 22 s 469 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington wildlife and recreation program (94-5-002)
(1) $32,500,000 of the state building construction account appropriation in this section shall be deposited into and is hereby appropriated from the habitat conservation account for the Washington wildlife and recreation program as established under chapter 43.98A RCW. $28,025,800 of the state building construction account appropriation and all of the aquatic lands enhancement account appropriation shall be deposited into and is hereby appropriated from the state outdoor recreation account for the Washington wildlife and recreation program as established under chapter 43.98A RCW.
(2) $1,000,000 of the outdoor recreation account appropriation shall be expended for nonhighway projects ((and shall be included in the calculation of expenditure limitations in RCW 46.09.170(1)(d)(iii))).
(3) $1,000,000 of the outdoor recreation account appropriation shall be expended for marine recreation and water access projects and shall be part of the distribution of RCW 43.99.080(2).
(4) $2,028,000 of the outdoor recreation account appropriation shall be expended for marine recreation and water access projects and shall be part of the distribution of RCW 43.99.080(1).
(5) All land acquired by a state agency with moneys from this appropriation shall comply with class A, B, and C weed control provisions of chapter 17.10 RCW.
(6) The following projects are deleted from the approved list of projects established under chapter 43.98A RCW: (((a))) That portion of mule deer winter range (project number 92-638A) other than mule deer migration corridors in the Methow Valley.
(7) The legislature hereby approves, without exception, the governor's approved project list for fiscal year 1995 submitted to the legislature in January 1994.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 60,525,800
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 4,028,200
Aquatic Lands Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 446,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 65,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 200,000,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 265,000,000
NEW SECTION. Sec. 63. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Mount Spokane trail development (95-2-006)
Appropriation:
ORA--Federal. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 125,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 125,000
Sec. 64. 1993 sp.s. c 22 s 474 (uncodified) is amended to read as follows:
FOR THE STATE CONSERVATION COMMISSION
Water quality account projects: Provides grants to local conservation districts for resource conservation projects (90-2-001)
The appropriations in this section are subject to the following conditions and limitations: $3,000,000 is provided solely for technical assistance and grants for dairy waste management and facility planning and implementation.
Reappropriation:
Water Quality Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((348,652))
659,670
Appropriation:
Water Quality Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 5,224,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((1,791,348))
1,480,330
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 9,120,000
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,484,000))
16,484,000
Sec. 65. 1993 sp.s. c 22 s 475 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Towhead Island public access renovation (86-3-028)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 190,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 211,000
Sec. 66. 1993 sp.s. c 22 s 476 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Shorefishing access (88-5-018)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 671,946
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1,071,946
Sec. 67. 1993 sp.s. c 22 s 477 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Ilwaco boat access expansion (90-2-023)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 300,000
NEW SECTION. Sec. 68. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Puget Sound recreational salmon and marine fish enhancement program: Acquire sites for and construct two rearing ponds (94-2-015)
Appropriation:
Recreation Fish Enhancement--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 300,000
Sec. 69. 1993 sp.s. c 22 s 507 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Fishing access area redevelopment (94-1-003)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
Wildlife Acct--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 107,000
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 959,000
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,066,000
Appropriation:
ORA--State. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((887,000))
126,000
Wildlife Acct--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,387,000))
626,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 1,456,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 7,333,400
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,176,400))
10,481,400
Sec. 70. 1993 sp.s. c 22 s 518 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Grandy Creek hatchery (92-5-024)
Expenditure of the appropriation in this section is contingent on an in-kind match of dollars or services from nonstate sources equal to at least $200,000. No additional funds may be spent after the effective date of this act until the department has completed the study required under section 508, chapter 22, Laws of 1993 sp. sess. Furthermore, expenditures made from this appropriation shall be for a facility which is operated in conformance with the department's genetic stocking model, wild salmonid policy, and steelhead management plan.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 4,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 184,166
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 4,684,166
Sec. 71. 1993 sp.s. c 22 s 519 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
((Gloyd Seeps)) Warm Water Fish ((Hatchery)) Facility: For the purchase and development of ((the)) property in eastern or central Washington by the Department of Wildlife
The appropriation in this section is subject to the following conditions and limitations:
(1) The department shall give highest priority to purchasing the Gloyd Seeps fish hatchery. However, if it is not economically feasible to do so, the department may purchase and develop alternative property in the eastern or central Washington area;
(2) The appropriation from the wildlife-state account is provided solely for a joint venture for a warm water fish facility on the Hanford Reservation; and
(3) The appropriations in this section shall not be expended for the purchase of property until the Department of Wildlife has made a determination that:
(((1))) (a) The water rights to the property being transferred to the Department of Wildlife, as part of the purchase agreement, are sufficient to operate the hatchery; and
(((2))) (b) The operation of a warm water fish hatchery on the property is feasible.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,870,000))
1,262,000
Wildlife Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 38,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,870,000))
1,300,000
Sec. 72. 1993 sp.s. c 22 s 603 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ((TRANSPORTATION)) WILDLIFE
Funds to continue Mt. St. Helens recovery program (87-1-001)
((Reappropriation)) Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 370,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,579,161
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 5,949,161
Sec. 73. 1993 sp.s. c 22 s 515 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Regional office construction (94-2-010)
Appropriation:
Wildlife Acct—State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((138,000))
100,000
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 38,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 138,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 138,000
PART 4
EDUCATION
Sec. 74. 1993 sp.s. c 22 s 708 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
Common schools: Design and construction (94-2-001)
The appropriations in this subsection are subject to the following conditions and limitations:
(1) Not more than $106,000,000 ((of)) from this appropriation and the appropriation for common school construction in Substitute Senate Bill No. 6244 combined may be obligated in fiscal year 1994 for school district project design and construction.
(2) A maximum of $1,250,000 may be expended for direct costs of state administration of school construction funding.
(3) A maximum of $630,000 may be expended for three full-time equivalent field staff with construction or architectural experience to assist in evaluation of project requests and reviewing information reported by school districts and certifying the building condition data submitted by school districts.
(4) A maximum of $75,000 is provided solely for development of an automated state inventory and facility condition management database. This database shall utilize information obtained through implementation of the new priority system developed in the 1991-93 biennium and periodic updating.
(5) Projects approved for state assistance by the state board after the effective date of this section, in which new construction will be in lieu of modernization of an existing instructional facility or space, shall receive state assistance only if the district certifies that the existing facility or space will not be used for instructional purposes, and that the facility or space will be ineligible for any future state financial assistance. Further, if the district does return the facility or space to instructional purposes, the district shall become ineligible for state construction financial assistance for a period of at least five years as determined by the state board of education. The state board shall adopt regulations to implement this subsection.
Appropriation:
Common School Constr Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 233,179,000))
180,879,000
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((4,821,000))
41,821,000
-------------
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 238,000,000))
222,700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 238,000,000))
222,700,000
Sec. 75. 1993 sp.s. c 22 s 731 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Parrington Hall exterior and seismic repair (92-3-018)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015, chapter 22, Laws of 1993 sp. sess. have been met.
Reappropriation:
UW Bldg Acct. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,675,000))
1,646,126
Appropriation:
UW Bldg Acct. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 3,513,499
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((80,000))
112,875
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,759,000))
5,272,500
Sec. 76. 1993 sp.s. c 22 s 733 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Denny Hall exterior repair (92-3-020)
Reappropriation:
UW Bldg Acct. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,550,000))
2,868
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 835,508
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,385,508))
838,376
Sec. 77. 1993 sp.s. c 22 s 745 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
((Branch campuses (94-2-500))) Tacoma branch campus (94-2-500)
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board.
(2) The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act and the allotment requirements of section 1016 of this act have been met.
(((3) Of the appropriation in this section, $23,000,000 is provided for the Bothell branch campus. The remaining $30,983,320 is provided for the Tacoma branch campus.))
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 8,741,680
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((53,983,320))
30,983,320
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 106,000,000))
0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 168,725,000))
39,725,000
NEW SECTION. Sec. 78. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Bothell branch campus
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board.
(2) The purpose of this appropriation is to provide expenditure authority for previously incurred expenses.
Appropriation:
UW Bldg Acct. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 2,290,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,463,419
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 6,753,419
Sec. 79. 1993 sp.s. c 22 s 757 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Veterinary teaching hospital construction: To construct, equip, and furnish a new teaching hospital for the department of veterinary medicine and surgery (92-2-013)
The ((reappropriation)) appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 32,310
H Ed Reimb Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 24,947,571
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,979,881
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 7,110,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 2,430,703
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,442,894))
34,521,084
NEW SECTION. Sec. 80. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1
Sec. 81. 1993 sp.s. c 22 s 791 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Telecommunications: Cable replacement (90-2-004)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,400,000
EWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 97,000
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,497,000
Appropriation:
EWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,087,392
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 3,584,392
Sec. 82. 1993 sp.s. c 22 s 808 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Psychology animal research facility (90-1-060)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 80,000
Appropriation:
CWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,620,000))
1,935,848
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,700,000))
2,215,848
Sec. 83. 1993 sp.s. c 22 s 813 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Barge Hall remodel (92-2-001)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((2,550,000))
2,425,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ ((9,031,970))
9,598,398
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,581,970))
12,023,398
NEW SECTION. Sec. 84. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1
NEW SECTION. Sec. 85. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Hertz Hall Structural Repairs (94-1-012)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 125,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 125,000
NEW SECTION. Sec. 86. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 1
NEW SECTION. Sec. 87. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Capital Museum boiler replacement (94-1-003)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 14,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 14,000
NEW SECTION. Sec. 88. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Campbell House restoration (86-1-002)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 130,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 130,500
NEW SECTION. Sec. 89. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Cheney Cowles Museum: Emergency roof repair (94-1-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 20,800
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . $ 0
-------------
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 20,800
PART 5
MISCELLANEOUS
Sec. 90. 1993 sp.s. c 22 s 1002 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid for from operating revenues, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation. The director of general administration shall ensure that the clustering of state facilities and the collocation and consolidation of state agencies takes place where such configurations are economical and consistent with agency space needs. Agencies shall assist the department of general administration with facility collocation and consolidation efforts.
(1) Department of social and health services:
(a) Lease-develop with option to purchase or lease-purchase a new West Seattle customer service office to combine staff currently housed in three locations for $6,000,000. The department of social and health services and the employment security department shall evaluate collocation in this facility;
(b) Lease-develop the remodeling and expansion of the Mt. Vernon multiservice center for $3,000,000;
(c) Enter into a long-term lease with option to purchase the existing facility used by the office of revenue collections in Olympia for $11,000,000;
(d) Lease-develop with option to purchase or lease-purchase expanded office space for the office of revenue collections in Olympia for $11,000,000;
(e) Lease-develop with option to purchase or lease-purchase space for consolidation of Thurston county service delivery programs for $13,000,000. The department of social and health services and the employment security department shall evaluate collocation in this facility. The department shall follow the established office of financial management predesign process and receive approval from the office of financial management before initiating design of the project; and
(f) Lease-develop with option to purchase or lease-purchase space for consolidation of department programs in south Grays Harbor county for $1,800,000. The department shall consider collocation with other state agencies in this facility.
(2) Department of ecology: Lease-purchase the eastern regional office facility currently leased by the department for $2,300,000.
(3) Department of general administration:
(a) Lease-purchase and upgrade an existing building, and purchase adjacent property and develop a new building in Yakima for a state government service center for $24,800,000;
(b) Lease-purchase the 9th and Columbia, 13th and Jefferson, and Capital Plaza buildings in Olympia for $11,100,000. The department shall prepare an engineering evaluation, cost-benefit study, and life-cycle cost analysis reviewing the maintenance, utility, and future renovation costs for each building. The authority to acquire the buildings is contingent on approval of these studies by the office of financial management; and
(c) Refinance and upgrade the 600 Franklin street building in Olympia for $527,000.
(4) Department of corrections:
(a) Lease-purchase property from the department of natural resources at the Cedar Creek, Indian Ridge, Larch, and Olympic correctional centers for $1,000,000;
(b) Lease-develop with option to purchase or lease-purchase 296 work release beds in facilities located throughout the state for $9,898,758.
(5) Western Washington University: Lease-purchase property adjacent to the campus for future expansion for $5,000,000.
(6) Community and technical colleges:
(a) Lease-develop or lease-purchase off-campus program space for Clark College for $6,000,000;
(b) Enter into a long-term lease for Green River Community College off-campus programs for approximately $143,700 during the 1993-95 biennium;
(c) Lease-purchase 1.66 acres of land adjacent to Lake Washington Technical College for $500,000;
(d) Lease-purchase a facility to provide instructional, meeting, and office space for Skagit Valley Community College on San Juan Island for $600,000;
(e) Lease-purchase property on Whidbey Island for program space for Skagit Valley Community College for $252,000;
(f) Lease-develop or lease-purchase space for the carpentry and electrical apprentice programs for Wenatchee Valley College for $250,000;
(g) Lease-purchase 6 acres of property contiguous to Wenatchee Valley College for $265,000;
(h) Lease-develop with option to purchase or lease-purchase expanded classroom space for Yakima Valley College in Ellensburg for $625,000;
(i) Lease-develop or lease-purchase a central data processing and telecommunications facility to serve the 33 community and technical colleges for $5,000,000 subject to approval of the office of financial management; ((and))
(j) Lease-purchase 55 acres adjacent to Green River Community College for $200,000((.));
(k) Acquire 5.13 acres contiguous to the eastern boundary of the Skagit Valley College campus, valued at $250,000, for future expansion of the campus as identified in the Skagit Valley College master plan;
(l) Acquire the South Annex property, a 23,000 square-foot building adjacent to the Seattle Central Community College campus, valued at $2,250,000, for continued use as instructional space for Seattle Central Community College programs;
(m) Acquire a residence that abuts the Bellevue Community College campus, valued at $180,000, for use as an English language center and long-term campus expansion;
(n) Acquire improved instructional and work force training facilities for Spokane Community College in Colville, valued at up to $1,500,000, in exchange for existing community college facilities in Colville valued at $1,250,000;
(o) Acquire 6.69 acres contiguous to the South Puget Sound Community College campus, valued at up to $1,500,000, for future campus expansion;
(p) Enter into a financing contract on behalf of Whatcom Community College in the amount of $1,200,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for the construction of a $2,000,000 multi-purpose/physical education facility on the Whatcom Community College campus. Whatcom Community College shall provide the balance of project costs in local funds;
(q) Enter into a financing contract on behalf of Tacoma Community College in the amount of $1,000,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW for construction of a $1,500,000 bookstore addition to the Tacoma Community College student center. Tacoma Community College shall provide the balance of project costs in local funds;
(r) Enter into a financing contract on behalf of Columbia Basin College in the amount of $3,000,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for construction of a $4,000,000 work force/vocational training facility. Columbia Basin College shall provide the balance of project costs in local funds; and
(s) Enter into a financing contract on behalf of Shoreline Community College in the amount of $400,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for construction of a $3,500,000 vocational art facility. The balance of the construction funds are currently appropriated in the capital budget.
(7) Employment security department: Enter into a long-term lease for the 19,000 square-foot Lakewood Job Service Center, $1,600,000, for approximately $150,000 during the 1993-95 biennium.
(8) Washington state apple advertising commission: Enter into a financing contract for the purpose of expanding its Wenatchee headquarter facility in the principal amount of four hundred thousand dollars plus financing expenses and required reserves under chapter 39.94 RCW.
Sec. 91. 1993 sp.s. c 22 s 1011 (uncodified) is amended to read as follows:
(1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.
(2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.
NEW SECTION. Sec. 92. 1993 sp.s. c 22 s 101 (uncodified) is repealed.
NEW SECTION. Sec. 93. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 1 of the title, after "budget;" strike the remainder of the title and insert "amending 1993 sp.s. c 22 ss 106, 110, 113, 122, 126, 137, 138, 139, 140, 141, 143, 147, 157, 162, 202, 203, 210, 214, 230, 252, 279, 280, 282, 285, 286, 290, 294, 299, 300, 302, 303, 306, 401, 403, 406, 408, 423, 427, 428, 430, 431, 432, 460, 459, 462, 463, 466, 468, 469, 474, 475, 476, 477, 507, 518, 519, 603, 515, 708, 731, 733, 745, 757, 791, 808, 813, 1002, and 1011 (uncodified); adding new sections to 1993 sp.s. c 22; repealing 1993 sp.s. c 22 s 101 (uncodified); making appropriations and authorizing expenditures for the capital improvements; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Quigley, Snyder and West; Representatives Wang, Ogden and Sehlin
MOTION
Senator Quigley moved that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 6243.
POINT OF INQUIRY
Senator Bluechel: "Senator Quigley, in the budget highlights, there is a statement that says, 'The supplemental budget accelerates the completion of capital construction projects by eliminating funding for projects that are not completed on schedule.' The question that I have is, once you start a capital construction project, it must be for the full amount and the state cannot abrogate that contract without ending up in a lawsuit. How does this work?"
Senator Quigley: "I think you are absolutely correct in that regard and that is once the state enters into a contract, the state is bound to that contract. Even though we choose not to fund it in the future, that would only lead us to a lawsuit. That is not what this language or the language in the budget does. What the language in the budget does is, it says, 'we have allocated you money to do a project; you are to go out and get bids and commence that project,' and so it tries to get us to the state where we have actually accepted bids and entered into that binding contract that you mentioned. Once we do that, the state is bound to perform under their side of the contract."
The President declared the question before the Senate to be the motion by Senator Quigley that the Senate adopt the Report of the Conference Committee on Substitute Senate Bill No. 6243.
The motion by Senator Quigley carried and the Report of the Conference Committee on Substitute Senate Bill No. 6243 was adopted.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6243, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6243, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, 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 - 45.
Voting nay: Senators Anderson and Oke - 2.
Excused: Senators Deccio and McCaslin - 2.
SUBSTITUTE SENATE BILL NO. 6243, as recommended by the Conference Committee, 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 6:02 p.m., on motion of Senator Spanel, the Senate recessed until 7:00 p.m.
The Senate was called to order at 7:40 p.m. by President Pritchard.
There being no objection, the President advanced the Senate to the sixth order of business.
MOTION
On motion of Senator Drew, Senator Vognild was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9291, James Walton, as a member of the Wildlife Commission, was confirmed.
APPOINTMENT OF JAMES WALTON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 4; 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, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, West, Williams and Winsley - 44.
Absent: Senators Niemi, Quigley, Snyder and Wojahn - 4.
Excused: Senator Vognild - 1.
MOTION
At 7:46 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 8:24 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The Speaker has signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has signed ENGROSSED HOUSE BILL NO. 2643, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1159,
HOUSE BILL NO. 1466,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652,
SUBSTITUTE HOUSE BILL NO. 1743,
ENGROSSED HOUSE BILL NO. 2190,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2237,
HOUSE BILL NO. 2242,
SUBSTITUTE HOUSE BILL NO. 2270,
HOUSE BILL NO. 2480,
HOUSE BILL NO. 2486,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605,
SECOND SUBSTITUTE HOUSE BILL NO. 2616,
SUBSTITUTE HOUSE BILL NO. 2627,
HOUSE BILL NO. 2665,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2696,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2737,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741,
SUBSTITUTE HOUSE BILL NO. 2760,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2798,
HOUSE BILL NO. 2812,
SUBSTITUTE HOUSE BILL NO. 2813,
HOUSE BILL NO. 2849,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2850,
SUBSTITUTE HOUSE BILL NO. 2891,
HOUSE CONCURRENT RESOLUTION NO. 4436,
HOUSE CONCURRENT RESOLUTION NO. 4437, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 2643.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1159,
HOUSE BILL NO. 1466,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652,
SUBSTITUTE HOUSE BILL NO. 1743,
ENGROSSED HOUSE BILL NO. 2190,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2237,
HOUSE BILL NO. 2242,
SUBSTITUTE HOUSE BILL NO. 2270,
HOUSE BILL NO. 2480,
HOUSE BILL NO. 2486,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605,
SECOND SUBSTITUTE HOUSE BILL NO. 2616,
SUBSTITUTE HOUSE BILL NO. 2627,
HOUSE BILL NO. 2665,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2696,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2737,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741,
SUBSTITUTE HOUSE BILL NO. 2760,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2798,
HOUSE BILL NO. 2812,
SUBSTITUTE HOUSE BILL NO. 2813,
HOUSE BILL NO. 2849,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2850,
SUBSTITUTE HOUSE BILL NO. 2891,
HOUSE CONCURRENT RESOLUTION NO. 4436,
HOUSE CONCURRENT RESOLUTION NO. 4437.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6484 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, other confidential research, development, or commercial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented.
NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:
As used in section 1 of this act and this section:
(1)(a) "Product liability/hazardous substance claim" means a claim for damages for personal injury, wrongful death, or property damage caused by a product or hazardous or toxic substances, that is an alleged hazard to the public and that presents an alleged risk of similar injury to other members of the public.
(b) "Confidentiality provision" means any terms in a court order or a private agreement settling, concluding, or terminating a product liability/hazardous substance claim, that limit the possession, disclosure, or dissemination of information about an alleged hazard to the public, whether those terms are integrated in the order or private agreement or written separately.
(c) "Members of the public" includes any individual, group of individuals, partnership, corporation, or association.
(2) Except as provided in subsection (4) of this section, members of the public have a right to information necessary for a lay member of the public to understand the nature, source, and extent of the risk from alleged hazards to the public.
(3) Except as provided in subsection (4) of this section, members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010, other confidential research, development, or commercial information concerning products or business methods.
(4)(a) Nothing in this chapter shall limit the issuance of any protective or discovery orders during the course of litigation pursuant to court rules.
(b) Confidentiality provisions may be entered into or ordered or enforced by the court only if the court finds, based on the evidence, that the confidentiality provision is in the public interest. In determining the public interest, the court shall balance the right of the public to information regarding the alleged risk to the public from the product or substance as provided in subsection (2) of this section against the right of the public to protect the confidentiality of information as provided in subsection (3) of this section.
(5)(a) Any confidentiality provisions that are not adopted consistent with the provisions of this section are voidable by the court.
(b) Any confidentiality provisions that are determined to be void are severable from the remainder of the order or agreement notwithstanding any provision to the contrary and the remainder of the order or agreement shall remain in force.
(c) Nothing in section 1 of this act and this section prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to applicable court rules.
(6) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damages, costs, reasonable attorneys' fees, and such other terms as the court deems just.
(7) The following acts or parts of acts are each repealed on the effective date of this section:
(a) RCW 4.24.600 and 1993 c 17 s 1;
(b) RCW 4.24.610 and 1993 c 17 s 2;
(c) RCW 4.24.620 and 1993 c 17 s 3;
(d) RCW 4.16.380 and 1993 c 17 s 5; and
(e) 1993 c 17 s 4 (uncodified).
NEW SECTION. Sec. 3. This act applies to all confidentiality provisions entered or executed with respect to product liability/hazardous substance claims on or after May 1, 1994.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1, 1994.", and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
Senator Adam Smith moved that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 6484.
POINT OF INQUIRY
Senator Nelson: "Senator Smith, I am looking over the House amendment to Engrossed Substitute Senate Bill No. 6484 and I would like to have a feeling here the way this bill is written. Does this bill have as its intention to protect the public at large as opposed to just protecting the interest of those involved in litigation?"
Senator Adam Smith: "Yes, yes certainly."
Senator Nelson: "Thank you."
The President declared the question before the Senate to be the motion by Senator Adam Smith that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 6484.
The motion by Senator Adam Smith carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6484.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6484, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6484, as amended by the House, and the bill passed the Senate 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, Ludwig, McAuliffe, 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, West, Williams, Winsley and Wojahn - 47.
Absent: Senator McCaslin - 1.
Excused: Senator Vognild - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6484, as amended by the House, 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 Oke, Senator McCaslin was excused.
MOTION
At 8:34 p.m. on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 8:59 p.m.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6608, by Senators Rinehart and Gaspard
Relating to the business and occupation taxation of moneys received by health or social welfare organizations from governmental entities for health or social welfare services.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 6608 was substituted for Senate Bill No. 6608 and the substitute bill was placed on second reading and read the second time.
Senator Talmadge moved that the following amendment by Senator Rinehart be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.030 and 1963 ex.s. c 28 s 1 are each amended to read as follows:
"Person" or "company", herein used interchangeably, means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof. The term shall also include the state and its departments and institutions with respect to the gross income of the business derived from the operation of a hospital, as defined in chapter 70.41 RCW.
Sec. 2. RCW 82.04.260 and 1993 sp.s. c 25 s 104 are each amended to read as follows:
(1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, corn, rye and barley, but not including any manufactured or processed products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.
(2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, or oil manufactured, multiplied by the rate of 0.138 percent.
(3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.275 percent.
(4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing or dehydrating fresh fruits and vegetables; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen or dehydrated multiplied by the rate of 0.33 percent.
(6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.
(7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.
(10) Upon every person engaging within this state in the business of acting as a travel agent; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.363 percent.
(12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.363 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.
(14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 1.1 percent.
(15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, ((that is operated as a nonprofit corporation or by the state or any of its political subdivisions,)) as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of ((0.75 percent through June 30, 1995, and)) 1.5 percent ((thereafter)). The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.
Sec. 3. RCW 82.04.4297 and 1988 c 67 s 1 are each amended to read as follows:
In computing tax there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization or by a municipal corporation or political subdivision, except deductions are not allowed under this section for amounts that are received under an employee benefit plan or amounts that are received by a person with respect to the operation of a hospital, as defined in chapter 70.41 RCW.
NEW SECTION. Sec. 4. This act shall take effect July 1, 1995, except that if a court in a permanent injunction, permanent order, or final decision determines that any part of this act must be submitted to the people for their adoption and ratification, or rejection, as a result of section 13, chapter 2, Laws of 1994, this act shall be null and void."
MOTION
Senator McDonald moved that the following amendment to the striking amendment by Senator Rinehart be adopted:
On page 4, beginning on line 21 of the amendment, strike section 3
Renumber the sections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator McDonald on page 4, beginning on line 21, to the striking amendment by Senator Rinehart to Substitute Senate Bill No. 6608.
The motion by Senator McDonald failed and the amendment to the striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Rinehart to Substitute Senate Bill No. 6608.
The motion by Senator Talmadge carried and the striking amendment by Senator Rinehart was adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 3 of the title, after "services;" strike the remainder of the title and insert "amending RCW 82.04.030, 82.04.260, and 82.04.4297; and providing an effective date."
On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute Senate Bill No. 6608 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator Anderson: "Thank you, Mr. President. Mr. President, I rise to make a parliamentary inquiry regarding the votes that will be required on this measure on final passage. Section 13 of Initiative 601 requires a vote of the people for tax increases enacted prior to July 1, 1995. The measure before the body has the effect of increasing taxes, but does not include a referendum clause. The measure repeals a tax exemption currently available for health and social welfare organizations.
"The Attorney General has advised that the intent of Section 13 was to require voter approval of legislative actions which would increase taxation. The removal of a tax exemption would give rise to new tax liabilities. In other words, this bill includes a tax increase subject to Initiative 601.
"Mr. President, if I might continue, a floor amendment has been offered to delay the effective date of the tax increase until July, 1995, because after July 1 of 1995, tax increases require a two-thirds vote of both houses. This ploy should not succeed.
"A number of court cases have held that a bill becomes law when it is enacted, not at some future effective date. Further, Mr. President, because this measure increases taxes and does not contain a referendum clause, it is in effect, I believe, an amendment of Initiative 601. This amendment provides for a vote of the people only if ordered by a court, but Initiative 601 does not make a vote of the people contingent upon a court order. 601 says there will be a vote of the people if the Legislature attempts to raise taxes before July, 1995.
"We have the Youth Violence Bill soon to be before the body which does contain a referendum clause, because according to the Attorney General, a sunset clause on the taxes--like the tax increase contained in this bill--is subject to a vote of the people. Without a referendum clause, this measure would be an amendment of Initiative 601 and, I believe, require a two-thirds vote."
"Therefore, Mr. President, my inquiry includes three parts: first, does this measure constitute an action of the Legislature after July 1, 1995, to increase taxes and, therefore, require a two-thirds vote under Section 4 of Initiative 601; or secondly, does this measure constitute an action of the Legislature before July 1, 1995, to increase taxes and, therefore, require a vote of the people under Section 13 of Initiative 601; or lastly, does this measure require a two-thirds vote as an amendment to Initiative 601 within the two years following the passage of the initiative?"
Debate ensued.
There being no objection, the President deferred further consideration of Engrossed Substitute Senate Bill No. 6608.
At 9:15 p.m., and there being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 9:38 p.m. by President Pritchard.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6484.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6047,
SECOND SUBSTITUTE SENATE BILL NO 6107,
SUBSTITUTE SENATE BILL NO. 6243.
There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 6608, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In responding to the points of parliamentary inquiry raised by Senator Anderson: One, the President feels that the law which applies to the vote required for passage of a measure is the law in effect at the time of passage. Therefore, Substitute Senate Bill No. 6608 requires a majority vote; Two, the question of whether a referendum clause is required is not in order; Three, the measure is not an amendment to Initiative 601 because it does not change any of the provisions of the initiative."
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6608.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6608 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 33.
Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Hochstatter, McDonald, Morton, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Smith, L. and West - 15.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6608, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the President returned the Senate to the fourth order of business.
CONFERENCE COMMITTEE REPORT
E2SHB 2319 March 9, 1994
Includes "NEW ITEMS": YES
Enacting programs to reduce violence
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, Enacting programs to reduce violence, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:
That the Conference Committee amendment be further amended as follows:
On page 34, after line 18, of the Conference Committee amendment, insert the following:
"(6) Any city, town, or county may enact an ordinace to exempt itself from the prohibition of subsection (4) of this section."; and that the Conference Committee be further amended as follows:
On page 202, after line 37, insert the following:
"Sec. 919. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((292,004,000))
283,352,000
General Fund--Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((193,407,000))
216,172,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,722,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . $ ((489,133,000))
503,246,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.
(4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.)) The department shall develop and implement a plan for removing categorical barriers to access for families needing departmental child care services. The plan shall be developed in consultation with the child care coordinating committee, and shall include strategies such as: (a) Co-location of child care eligibility workers with other relevant service providers such as resource and referral agencies; (b) development of a uniform application form and process across programs; (c) cross-training of departmental and resource and referral agency child care staff; (d) development of parent brochures; and (e) increased coordination at the local level with child care and early childhood programs operated by other agencies and governmental jurisdictions. The department shall report to appropriate committees of the legislature on the plan and its implementation status by December 1, 1994.
(5) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.
(6) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.
(((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))
(7) $900,000 of the general fund--state appropriation, and $225,000 of the general fund--federal appropriation, are provided solely to implement Engrossed Second Substitute Senate Bill No. 6255 (permanency planning for children). The department may transfer a portion of this amount to the legal services revolving fund for costs associated with implementation of this bill.
(8) $4,142,000 of the general fund--state appropriation and $1,858,000 of the general fund--federal appropriation are provided solely to fund prevention programs designed to address risk factors related to violent criminal acts by juveniles, child abuse and neglect, domestic violence, teen pregnancy and male parentage, suicide attempts, substance abuse, and dropping out of school. The legislature intends, through the appropriation of these funds, to address the underlying causes of violence and other at-risk behaviors of children and create an environment which promotes healthy behaviors and safe communities for children and their families.
The family policy council shall disburse funds under this subsection to community public health and safety networks who are in substantial compliance with chapter . . ., Laws of 1994 (this act) as determined by the council by rule. Funds provided under this subsection shall only be available upon application of a network to the council. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals, specify the risk factors to be addressed and ameliorated, and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. In considering requests for funding under this section, the council may approve requests to:
(a) Provide technical assistance, planning grants, and grants of flexible funds to community public health and safety networks;
(b) Fund healthy family programs;
(c) Fund before- and after-school child care and therapeutic child care programs;
(d) Fund domestic violence programs;
(e) Fund safe schools/community programs; and
(f) Fund other services targeted at the risk factors specified in chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 920. Section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified) is repealed."
On page 203, line 21 of the title amendment, after "(uncodified);" insert "amending 1993 sp.s. c 24 s 202 (uncodified);"
On page 203, line 39 of the title amendment, after "82.64.900;" insert "repealing section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified);"
CONFERENCE COMMITTEE AMENDMENT
Strike everything after the enacting clause and insert the following:
"PART I. INTENT
NEW SECTION. Sec. 101. The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.
The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.
The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.
Addressing the problem of violence requires the concerted effort of all communities and all parts of state and local governments. It is the immediate purpose of chapter . . ., Laws of 1994 (this act) to: (1) Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.
Sec. 102. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:
((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(((4))) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(7)(a) Developing coordinated social and health services which:
(((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(((e))) (v) Reduce duplication of and gaps in service delivery;
(((f))) (vi) Improve planning, budgeting, and communication among all units of the department ((serving)) and among all agencies that serve children and families; and
(((g) Develop)) (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
PART II. PUBLIC HEALTH
NEW SECTION. Sec. 201. The legislature recognizes that the state patrol, the office of the administrator for the courts, the sheriffs' and police chiefs' association, the department of social and health services, the department of community development, the sentencing guidelines commission, the department of corrections, and the superintendent of public instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.
The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data systems collect this important data. It is not the intent of the legislature by section 202 of this act to transfer data collection requirements from existing agencies or to require the addition of major new data systems. It is rather the intent to make only the minimum required changes in existing data systems to increase compatibility and comparability, reduce duplication, and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.
NEW SECTION. Sec. 202. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department of health shall develop, based on recommendations in the public health services improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. "At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010. A copy of the data used by a school district to prepare and submit a report to the department shall be retained by the district and, in the copy retained by the district, identify the reported acts or behaviors by school site.
(2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.
(3) The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under section 303 of this act.
(4) The department shall publish annual reports on intentional injuries, unintentional injuries, rates of at-risk youth, and associated risk and protective factors. The reports shall be submitted to the governor, the legislature, and the Washington state institute for public policy.
(5) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter . . ., Laws of 1994 (this act).
(6) The department may, consistent with its general authority and directives under sections 201 through 205 of this act, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:
(a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and
(b) Local health departments to compile and effectively communicate data in their communities.
NEW SECTION. Sec. 203. A new section is added to chapter 43.70 RCW to read as follows:
The public health services improvement plan developed under RCW 43.70.520 shall include:
(1) Minimum standards for state and local public health assessment, performance measurement, policy development, and assurance regarding social development to reduce at-risk behaviors and risk and protective factors. The department in the development of data collection and reporting requirements for the superintendent of public instruction, schools, and school districts shall consult with the joint select committee on education restructuring and local school districts.
(2)(a) Measurable risk factors that are empirically linked to violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence; and
(b) An evaluation of other factors to determine whether they are empirically related risk factors, such as: Out-of-home placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills, gang affiliation, lack of recreational or cultural opportunities, school absenteeism, court-ordered parenting plans, physical, emotional, or behavioral problems requiring special needs assistance in K-12 schools, learning disabilities, and any other possible factors.
(3) Data collection and analysis standards on at-risk behaviors and risk and protective factors for use by the local public health departments and the state council and the local community networks to ensure consistent and interchangeable data.
(4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.
The department shall provide an annual report to the Washington state institute for public policy on the implementation of this section.
NEW SECTION. Sec. 204. A new section is added to chapter 43.70 RCW to read as follows:
The department, in consultation with the family policy council created in chapter 70.190 RCW, shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. The standards shall be based on the standards set forth in the public health services improvement plan as required by section 203 of this act.
The department, in consultation with the family policy council, shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.
NEW SECTION. Sec. 205. A new section is added to chapter 43.70 RCW to read as follows:
The legislature encourages the use of a state-wide voluntary, socially responsible policy to reduce the emphasis, amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media may carry out the policy in whatever manner that area deems appropriate.
Sec. 206. RCW 43.70.010 and 1989 1st ex.s. c 9 s 102 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;
(2) "Board" means the state board of health;
(((2))) (3) "Council" means the health care access and cost control council;
(((3))) (4) "Department" means the department of health; ((and
(4))) (5) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and
(6) "Secretary" means the secretary of health.
NEW SECTION. Sec. 207. A new section is added to chapter 70.190 RCW to read as follows:
(1) The Washington state institute for public policy shall conduct or contract for monitoring and tracking of the implementation of chapter . . ., Laws of 1994 (this act) to determine whether these efforts result in a measurable reduction of violence. The institute shall also conduct or contract for an evaluation of the effectiveness of the community public health and safety networks in reducing the rate of at-risk youth through reducing risk factors and increasing protective factors. The evaluation plan shall result in statistically valid evaluation at both state-wide and community levels. The evaluation plan shall be submitted to the governor and appropriate legislative committees by July 1, 1995.
(2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making this determination, the institute shall consider the adequacy of the level of intervention relative to the risk factors in the community and any external events having a significant impact on risk factors or outcomes.
(3) The outcomes required under this chapter and social development standards and measures established by the department of health under section 204 of this act shall be used in conducting the outcome evaluation of the community networks.
PART III. COMMUNITY NETWORKS
Sec. 301. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:
The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.
However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help ((refashion)) reconstruct family and community ((associations)) networks to ((care for)) assist in meeting the needs of children.
The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.
The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
Sec. 302. RCW 70.190.010 and 1992 c 198 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) "Assessment" has the same meaning as provided in RCW 43.70.010.
(2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.
(3) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.
(4) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.
(((2))) (5) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.
(((3))) (6) "Family policy council" or "council" means: The superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees((,)); one legislator from each caucus of the senate and house of representatives((, and)); one representative of the governor; one representative each appointed by the governor for cities or towns, counties, federally recognized Indian tribes, school districts, the children's commission, law enforcement agencies, superior courts, public parks and recreation programs, and private agency service providers; citizen representatives of community organizations not associated with delivery of services affected by chapter . . ., Laws of 1994 (this act); and two chief executive officers of major Washington corporations appointed by the governor.
(((4))) (7) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.
(((5))) (8) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project. Up to half of the consortium's)) community network's plan. The network's matching funds may be in-kind goods ((and)), services((. Funding sources allowable for match include)), appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.
(((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))
(9) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.
(10) "Policy development" has the same meaning as provided in RCW 43.70.010.
(11) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, and alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.
(12) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms, and substance, child, and sexual abuse.
NEW SECTION. Sec. 303. A new section is added to chapter 70.190 RCW to read as follows:
(1) The legislature intends to create community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.
(2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.
(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. The thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.
(4) A list of the network members shall be submitted to the council by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the council chooses other members within twenty days after the list is submitted. The council shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood. Members of the community network shall serve terms of three years.
The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.
(5) The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.
(6) Network meetings are subject to the open public meetings act under chapter 42.30 RCW.
NEW SECTION. Sec. 304. A new section is added to chapter 70.190 RCW to read as follows:
The community public health and safety networks shall:
(1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;
(2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under section 204 of this act;
(3) Develop long-term comprehensive plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;
(4) Distribute funds to local programs that reflect the locally established priorities and as provided in section 324 of this act;
(5) Comply with outcome-based standards;
(6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; and
(7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth.
NEW SECTION. Sec. 305. A new section is added to chapter 70.190 RCW to read as follows:
(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.
(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect with the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;
(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) The community network may include funding of:
(a) At-risk youth job placement and training programs. The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth recruited;
(iii) Provide career and occupational counseling to each youth recruited;
(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that meets his or her skills and training needs;
(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;
(d) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
(e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;
(f) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and
(g) Technical assistance and training resources to successful applicants.
NEW SECTION. Sec. 306. A new section is added to chapter 70.190 RCW to read as follows:
(1) A community network that has its membership finalized under section 303(4) of this act shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the region will be given up to one year to submit the long-term comprehensive plan. Upon application the community networks are eligible to receive funds appropriated under section 324 of this act.
(2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to section 319 of this act.
(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.
(4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
NEW SECTION. Sec. 307. A new section is added to chapter 70.190 RCW to read as follows:
The family policy council shall:
(1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;
(2) Develop a technical assistance and training program to assist communities in creating and developing community networks and comprehensive plans;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in section 308 of this act, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional success as provided in section 319 of this act;
(6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;
(8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;
(b) The legislature intends that this monitoring be used by the Washington state institute for public policy, together with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and
(9) Review the implementation of chapter . . ., Laws of 1994 (this act) and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.
NEW SECTION. Sec. 308. A new section is added to chapter 70.190 RCW to read as follows:
(1) The council, and each network, shall biennially review all state and federal funded programs serving individuals, families, or communities to determine whether a network may be better able to integrate and coordinate these services within the community.
(2) The council, and each network, shall specifically review and report, to the governor and the legislature, on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:
(a) Consolidated juvenile services;
(b) Family preservation and support services;
(c) Readiness to learn;
(d) Community mobilization;
(e) Violence prevention;
(f) Community-police partnership;
(g) Child care;
(h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(i) Crisis residential care;
(j) Victims' assistance;
(k) Foster care;
(l) Adoption support;
(m) Continuum of care; and
(n) Drug and alcohol abuse prevention and early intervention in schools.
(3) In determining the desirability of decategorizing these programs the report shall analyze whether:
(a) The program is an integral part of the comprehensive plan without decategorization;
(b) The program is already adequately integrated and coordinated with other programs that are, or will be, funded by the network;
(c) The network could develop the capacity to provide the program's services;
(d) The program goals might receive greater community support and reinforcement through the network;
(e) The program presently ensures that adequate follow-up efforts are utilized, and whether the network could improve on those efforts through decategorization of the funds;
(f) The decategorization would benefit the community; and
(g) The decategorization would assist the network in achieving its goals.
(4) If the council or a network determines that a program should not be decategorized, the council or network shall make recommendations regarding programmatic changes that are necessary to improve the coordination and integration of services and programs, regardless of the funding source for those programs.
NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:
(1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to community networks, after the approval under section 310 of this act of their comprehensive plans. The community networks shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in section 101 of this act and RCW 74.14A.020.
(2) The community networks shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 71.36 RCW.
(3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.
NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:
The council shall only disburse funds to a community network after a comprehensive plan has been prepared by the network and approved by the council or as provided in section 324 of this act. In approving the plan the council shall consider whether the network:
(1) Promoted input from the widest practical range of agencies and affected parties;
(2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(3) Obtained a declaration by the largest health department within the network's boundaries, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to section 204 of this act;
(4) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;
(5) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and
(6) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.
Sec. 311. RCW 43.101.240 and 1989 c 271 s 423 are each amended to read as follows:
(1) The criminal justice training commission in cooperation with the United States department of justice department of community relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United States. The commission shall develop training for local law enforcement agencies targeted toward those communities where there has been a substantial increase in drug crimes. The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training shall include but not be limited to conflict management, ethnic sensitivity, cultural awareness, and effective community policing. ((The commission shall report its findings and progress to the legislature by January 1990.))
(2) Local law enforcement agencies are encouraged to form community-police partnerships in ((areas of substantial drug crimes)) all neighborhoods and particularly areas with high rates of criminal activity. These partnerships are encouraged to organize citizen-police task forces which meet on a regular basis to promote greater citizen involvement in combatting drug abuse and to reduce tension between police and citizens. Partnerships that are formed are encouraged to report to the criminal justice training commission of their formation and progress.
(((3) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the drug enforcement and education account to the criminal justice training commission for the purposes of subsection (1) of this section.))
NEW SECTION. Sec. 312. A new section is added to chapter 70.190 RCW to read as follows:
If there exist any federal restrictions against the transfer of funds, for the programs enumerated in section 308 of this act, to the community networks, the council shall assist the governor in immediately applying to the federal government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to make any changes in federal law necessary to meet the purpose and intent of chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 313. A new section is added to chapter 70.190 RCW to read as follows:
For grant funds awarded under this chapter, no state agency may require any other program requirements, except those necessary to meet federal funding standards or requirements. None of the grant funds awarded to the community networks shall be considered as new entitlements.
NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:
The implementation of community networks shall be included in all federal and state plans affecting the state's children, youth, and families. The plans shall be consistent with the intent and requirements of this chapter.
Sec. 315. RCW 70.190.020 and 1992 c 198 s 4 are each amended to read as follows:
To the extent that any power or duty of the council ((created according to chapter 198, Laws of 1992)) may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter ((198, Laws of 1992)).
Sec. 316. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:
(((1))) The ((family policy)) council shall annually solicit from ((consortiums)) community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:
(((a))) (1) A comprehensive plan has been prepared by the ((consortium; and
(b))) community networks;
(2) The ((consortium)) community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010; ((and
(c))) (3) An interagency agreement has been prepared by the ((family policy)) council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and
(((d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]
(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and
(f))) (4) The ((consortium)) community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The ((consortium)) community network must submit reports to the ((family policy)) council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.
(((2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.
(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.))
Sec. 317. RCW 70.190.900 and 1992 c 198 s 11 are each amended to read as follows:
By June 30, 1995, the ((family policy)) council shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of RCW 70.190.030.
NEW SECTION. Sec. 318. A new section is added to chapter 43.41 RCW to read as follows:
The office of financial management shall review the administration of funds for programs identified under section 308 of this act and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under section 308 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.
NEW SECTION. Sec. 319. A new section is added to chapter 43.41 RCW to read as follows:
(1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the community networks authorized under section 310 of this act. The formula shall reflect the local needs assessment for at-risk children and consider:
(a) The number of arrests and convictions for juvenile violent offenses;
(b) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol related offenses;
(c) The number of teen pregnancies and parents;
(d) The number of child and teenage suicides and attempted suicides; and
(e) The high school graduation rate.
(2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.
(3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.
(4) The office of financial management shall submit the distribution formula to the family policy council and to the appropriate committees of the legislature by December 20, 1994.
NEW SECTION. Sec. 320. A new section is added to chapter 70.190 RCW to read as follows:
If a community network is unable or unwilling to assume powers and duties authorized under this chapter by June 30, 1998, or the Washington state institute for public policy makes a recommendation under section 207 of this act, the governor may transfer all funds and programs available to a community network to a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of section 101 of this act and RCW 74.14A.020, for the purpose of integrating the programs and services.
NEW SECTION. Sec. 321. The secretary of social and health services and the insurance commissioner shall conduct a study regarding liability issues and insurance rates for private nonprofit group homes that contract with the department for client placement. The secretary and commissioner shall report their findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 322. A new section is added to chapter 43.20A RCW to read as follows:
The secretary of social and health services shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.
NEW SECTION. Sec. 323. The governor shall appoint the initial members of the family policy council by May 1, 1994.
NEW SECTION. Sec. 324. Any funds appropriated to the violence reduction and drug enforcement account in the 1993-95 supplemental budget for purposes of community networks shall only be available upon application of a network to the council. The application shall identify the programs and a plan for expenditure of the funds. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. Upon approval of this plan, each network shall be eligible to receive a minimum dollar amount as determined by the office of financial management.
This section shall expire June 30, 1995.
NEW SECTION. Sec. 325. RCW 70.190.900 and 1994 c . . . s 317 (section 317 of this act) & 1992 c 198 s 11 are each repealed.
NEW SECTION. Sec. 326. Section 325 of this act shall take effect July 1, 1995.
PART IV. FIREARMS AND OTHER WEAPONS
Sec. 401. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) (("Short firearm" or)) "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(2) "Pistol" ((as used in this chapter)) means any firearm with a barrel less than twelve inches in length, or is designed to be held and fired by the use of a single hand.
(((2))) (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Bullets are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(d) There is a cartridge in the tube, magazine, or other compartment of the firearm.
(10) "Dealer" means a person engaged in the business of selling firearms or ammunition at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(11) "Crime of violence" ((as used in this chapter)) means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;
(b) Any conviction ((or adjudication)) for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in ((subsection (2)))(a) of this ((section)) subsection; and
(c) Any federal or out-of-state conviction ((or adjudication)) for an offense comparable to a felony classified as a crime of violence under ((subsection (2))) (a) or (b) of this ((section.
(3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(4) "Commercial seller" as used in this chapter means a person who has a federal firearms license)) subsection.
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Child molestation in the second degree;
(c) Controlled substance homicide;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Sexual exploitation;
(j) Vehicular assault;
(k) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(l) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(m) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(n) Any felony offense in effect at any time prior to the effective date of this section that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
Sec. 402. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:
(1) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a ((short)) firearm ((or pistol,)) if((, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed,)) the person owns ((or)), has in his or her possession, or has in his or her control any ((short)) firearm ((or pistol)):
(a) After having previously been convicted in this state or elsewhere of a serious offense, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed, except as otherwise provided in subsection (3) or (4) of this section;
(b) After having previously been convicted of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section;
(c) After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in section 404 of this act;
(d) After having previously been committed for mental health treatment, either voluntarily for a period exceeding fourteen continuous days, or involuntarily under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in section 404 of this act; or
(e) If the person is under eighteen years of age, except as provided in section 403 of this act.
(2) Unlawful possession of a ((short)) firearm ((or pistol shall be punished as)) is a class C felony, punishable under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted ((or adjudicated))" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession of a firearm if the conviction ((or adjudication)) has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted ((or adjudicated)) or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) ((Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any short firearm or pistol.
(5))) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ((ownership,)) possession((, or control)) of a firearm as a result of the conviction.
(((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.
(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.
(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
NEW SECTION. Sec. 403. A new section is added to chapter 9.41 RCW to read as follows:
RCW 9.41.040(1)(e) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.
NEW SECTION. Sec. 404. A new section is added to chapter 9.41 RCW to read as follows:
(1)(a) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.
The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.
(b) Upon the expiration of fourteen days of treatment of a person voluntarily committed, if the period of voluntary commitment is to continue, the institution, hospital, or sanitarium shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.
Following fourteen continuous days of treatment, the institution, hospital, or sanitarium also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of voluntary commitment.
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority.
(3) A person who is prohibited from possessing a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court of record to have his or her right to possess a firearm restored.
(4)(a) A person who is prohibited from possessing a firearm, by reason of having been either:
(i) Voluntarily committed for mental health treatment for a period exceeding fourteen continuous days; or
(ii) Involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction,
may, upon discharge, petition a court of record to have his or her right to possess a firearm restored.
(b) At a minimum, a petition under this subsection (4) shall include the following:
(i) The fact, date, and place of commitment;
(ii) The place of treatment;
(iii) The fact and date of release from commitment;
(iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and
(v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.
(c) A person petitioning the court under this subsection (4) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.
Sec. 405. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:
(1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed ((weapon)) pistol.
(2) ((A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3))) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed ((weapon)) pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:
(a) Licensed under RCW 9.41.070 to carry a concealed pistol;
(b) In attendance at a hunter's safety course or a firearms safety course;
(c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(e) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(f) In an area where the discharge of a firearm is permitted, and is not trespassing;
(g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;
(h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;
(i) On real property under the control of the person or a relative of the person;
(j) At his or her residence;
(k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;
(l) Is a law enforcement officer; or
(m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.
(5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
Sec. 406. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:
The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) or other law enforcement officers((, or to));
(2) Members of the ((army, navy or marine corps)) armed forces of the United States or of the national guard or organized reserves, when on duty((, or to));
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive ((such weapons)) pistols from the United States or from this state((, or to));
(6) Regularly enrolled members of clubs organized for the purpose of target shooting ((or)), when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting ((or to)), when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Individual hunters((: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to)) when on a hunting, camping, or fishing trip; or
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper ((from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another)).
Sec. 407. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:
(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
((Such)) The applicant's constitutional right to bear arms shall not be denied, unless he or she:
(a) Is ineligible to ((own a pistol)) possess a firearm under the provisions of RCW 9.41.040; ((or))
(b) Is under twenty-one years of age; ((or))
(c) Is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, ((or)) 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070; ((or))
(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense; ((or))
(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; ((or))
(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or
(g)(i) Has been convicted of any ((of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any)) crime against a child or other person listed in RCW 43.43.830(5).
(ii) Except as provided in (g)(iii) of this subsection, any person who becomes ineligible for a concealed pistol ((permit)) license as a result of a conviction for a crime listed in ((this subsection (1)))(g)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition ((the district)) a court of record for a declaration that the person is no longer ineligible for a concealed pistol ((permit)) license under ((this subsection (1)))(g)(i) of this subsection.
(iii) No person convicted of a serious offense as defined in RCW 9.41.010 may have his or her right to possess firearms restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a pistol and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
(((3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.
(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years;
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.
(5))) (4) The license application shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the full name, street address, ((and)) date and place of birth, race, gender, description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
The license application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, whether the applicant is a United States citizen, ((and if not a citizen whether the applicant has declared the intent to become a citizen)) and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. ((An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.)) A person who is not a citizen of the United States((, or has not declared his or her intention to become a citizen)) shall meet the additional requirements of RCW 9.41.170.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing ((said)) the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.
(((6))) (5) The fee for the original issuance of a four-year license shall be ((twenty-three)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the issuance of the license((: PROVIDED FURTHER, That)).
The fee shall be distributed as follows:
(a) ((Four)) Fifteen dollars shall be paid to the state general fund;
(b) ((Four)) Ten dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) ((Twelve)) Fifteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(d) ((Three)) Ten dollars to the firearms range account in the general fund.
(((7))) (6) The fee for the renewal of such license shall be ((fifteen)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)).
The renewal fee shall be distributed as follows:
(a) ((Four)) Twenty dollars shall be paid to the state general fund;
(b) ((Eight)) Twenty dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(c) ((Three)) Ten dollars to the firearms range account in the general fund.
(((8))) (7) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(((9))) (8) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ((ten)) twenty dollars in addition to the renewal fee specified in subsection (((7))) (6) of this section. The fee shall be distributed as follows:
(a) ((Three)) Ten dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and
(b) ((Seven)) Ten dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(((10))) (9) Notwithstanding the requirements of subsections (1) through (((9))) (8) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.
(((11))) (10) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. ((A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.))
(11) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
(12) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
NEW SECTION. Sec. 408. A new section is added to chapter 9.41 RCW to read as follows:
(1) The license shall be revoked by the license-issuing authority immediately upon:
(a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
Sec. 409. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:
No person ((shall)) may deliver a ((pistol)) firearm to any person ((under the age of twenty-one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.
Sec. 410. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:
(1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (((4))) (5) of this section; ((or))
(b) The ((seller)) dealer is notified in writing by the chief of police ((of the municipality)) or the sheriff of the ((county)) jurisdiction in which the purchaser resides that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is ((granted)) approved by the chief of police or sheriff; or
(c) Five ((consecutive)) business days ((including Saturday, Sunday and holidays)), meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (((4))) (5) of this section, and, when delivered, ((said)) the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the national instant criminal background check system, provided for by the Brady Handgun Control Act (H.R. 1025, 103rd Cong., 1st Sess. (1993)), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for ((a crime other than a crime of violence)) an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.
(((3))) (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for ((a crime of violence, or (e) an arrest for a crime of violence)) an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(((4))) (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, street address, date and place of birth, ((and)) race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; ((and)) a description of the ((weapon)) pistol including((,)) the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to ((own)) possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) purchaser is a resident. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser ((fails to meet the requirements specified in)) is not eligible to possess a pistol under RCW 9.41.040. ((The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.))
The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
NEW SECTION. Sec. 411. A new section is added to chapter 9.41 RCW to read as follows:
A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency.
Sec. 412. RCW 9.41.097 and 1983 c 232 s 5 are each amended to read as follows:
(1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol under RCW 9.41.090. ((Such information shall be used exclusively for the purposes specified in this section and shall not be made available for public inspection except by the person who is the subject of the information.))
(2) Mental health information received by: (a) The department of licensing pursuant to section 404 of this act or RCW 9.41.170; (b) an issuing authority pursuant to section 404 of this act or RCW 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.17.318.
NEW SECTION. Sec. 413. A new section is added to chapter 9.41 RCW to follow RCW 9.41.097 to read as follows:
(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license; or
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license.
(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;
(b) Directing a law enforcement agency to approve an application to purchase wrongfully denied; or
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected.
The application for the writ may be made in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.
Sec. 414. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;
(d) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;
(((d))) (e) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, ((having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance)) as defined in chapter 46.61 RCW;
(((e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;))
(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Known to have been used in the commission of a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.
(2) Upon order of forfeiture, the court in its discretion ((shall)) may order destruction of any forfeited firearm ((that is illegal for any person to possess)). A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.
(c) Antique firearms ((as defined by RCW 9.41.150)) and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) licensed dealers.
(d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
Sec. 415. RCW 9.41.100 and 1935 c 172 s 10 are each amended to read as follows:
((No retail)) Every dealer shall ((sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being)) be licensed as ((hereinafter)) provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW.
Sec. 416. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell ((pistols)) firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act). A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.
(((1))) (6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(((2))) (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
(((3))) (8)(a) No pistol ((shall)) may be sold (((a))): (i) In violation of any provisions of RCW 9.41.010 through 9.41.160((,)) (as recodified by this act); nor (((b) shall)) (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.
(((4))) (b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the account under RCW 69.50.520.
(9)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, ((color)) and place of birth of the purchaser and a statement signed by the purchaser that he ((has never been convicted in this state or elsewhere of a crime of violence)) or she is not ineligible under RCW 9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by ((registered)) certified mail to the chief of police of the municipality or the sheriff of the county of which the ((dealer)) purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(((5))) (10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.
(((6))) (11) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(((7))) (12) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
((The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury.))
NEW SECTION. Sec. 417. A new section is added to chapter 9.41 RCW to read as follows:
The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.17.318.
NEW SECTION. Sec. 418. A new section is added to chapter 9.41 RCW to read as follows:
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements, has failed to comply with registration requirements, or has gross proceeds of sales below the reporting threshold.
Sec. 419. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:
No person ((shall)) may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law.
Sec. 420. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part ((thereof capable of use)) designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or ((assembling)) to assemble or ((repairing)) repair any machine gun((: PROVIDED, HOWEVER, That such limitation)), short-barreled shotgun, or short-barreled rifle.
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty or traveling to or from official duty; or
(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under ((the National Firearms Act (26 U.S.C. section 5801 et seq.))) federal law, and engaged in the production, manufacture, repair, or testing of ((weapons or equipment to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance.)) machine guns, short-barreled shotguns, or short-barreled rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to the effective date of this section and is possessed in compliance with federal law.
(4) Any person violating this section is guilty of a class C felony.
Sec. 421. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:
All machine guns, short-barreled shotguns, or short-barreled rifles, or ((parts thereof)) any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.
Sec. 422. RCW 9.41.230 and 1909 c 249 s 307 are each amended to read as follows:
((Every)) (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who ((shall)):
(a) Aims any ((gun, pistol, revolver or other)) firearm, whether loaded or not, at or towards any human being((, or who shall));
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby((, although no injury result, shall be)). A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.
Sec. 423. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:
((No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor.))
Unless an exception under section 403 of this act or RCW 9.41.050 or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(1) In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control.
Sec. 424. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:
Every person who ((shall)):
(1) Manufactures, sells, or disposes of or ((have in his possession)) possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; ((who shall))
(2) Furtively ((carry)) carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or ((who shall))
(3) Uses any contrivance or device for suppressing the noise of any firearm, ((shall be))
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
Sec. 425. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who ((shall)) allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun((, pistol)) or firearm of any description, at or toward any human being, ((shall be)) is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
Sec. 426. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:
(1) It shall be unlawful for ((anyone)) any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
Sec. 427. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm; ((or))
(b) Any other dangerous weapon as defined in RCW 9.41.250; ((or))
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; ((or))
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student shall result in expulsion for an indefinite period of time in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) ((Any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises;
(e))) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(((f))) (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(((g))) (f) Any ((person)) nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(((h))) (g) Any ((person)) nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(((i))) (h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1) (c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Except as provided in subsection (3)(b), (c), (((e))) (f), and (((i))) (h) of this section, firearms are not permitted in a public or private school building.
(((5))) (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
Sec. 428. RCW 9.41.290 and 1985 c 428 s 1 are each amended to read as follows:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same ((or lesser)) penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
Sec. 429. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) ((charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii))) held for extradition or as a material witness, or (((iv))) (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for ((short firearms)) pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or
(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.
(2) ((Notwithstanding RCW 9.41.290,)) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any ((firearm)) pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
(((4))) (6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(((5))) (7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.
(((6))) (8) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.
(((7))) (9) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
(((8))) (10) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.
(((9))) (11) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.
NEW SECTION. Sec. 430. A new section is added to chapter 9.41 RCW to read as follows:
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.
(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court.
NEW SECTION. Sec. 431. A new section is added to chapter 9.41 RCW to read as follows:
A local governmental entity as defined by RCW 4.96.010(2) may close a firearm range training and practice facility only if the local governmental entity replaces the closed facility with another firearm range training and practice facility of at least equal capacity. A local governmental entity may close more than one firearm range training and practice facility and replace the closed facilities with a single firearm range training and practice facility, if the capacity of the replacement facility is at least as large as the combined capacities of the closed facilities.
A replacement firearm range training and practice facility must be open for use within thirty days of the closure of the replaced facility or facilities. Further, a replacement firearm range training and practice facility must be available for use by law enforcement personnel or the general public to the same extent as the replaced facility or facilities.
NEW SECTION. Sec. 432. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of theft of a firearm if the person:
(a) Commits a theft of a firearm; or
(b) Possesses, sells, or delivers a stolen firearm.
(2) This section applies regardless of the stolen firearm's value.
(3) "Possession, sale, or delivery of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140.
(4) Theft of a firearm is a class C felony.
Sec. 433. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars((; or
(e) A firearm, of a value less than one thousand five hundred dollars)).
(2) Theft in the second degree is a class C felony.
Sec. 434. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or
(e) He possesses a stolen firearm)).
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 435. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:
(1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(e) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.
Sec. 436. RCW 13.64.060 and 1993 c 294 s 6 are each amended to read as follows:
(1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving health care services.
(2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.
Sec. 437. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:
Every person who((:
(1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; or,
(2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,
(3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,
(4) Shall)) sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form((; or
(5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;
Shall be)) is guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
Sec. 438. RCW 42.17.318 and 1988 c 219 s 2 are each amended to read as follows:
((The license applications under RCW 9.41.070 are exempt from the disclosure requirements of this chapter. Copies of license applications or information on the applications may be released to law enforcement or corrections agencies.))
(1) Except as provided in subsection (3) of this section, the license applications under RCW 9.41.070, alien firearm license applications under RCW 9.41.170, purchase applications under RCW 9.41.090, and records of pistol sales under RCW 9.41.110 shall not be disclosed.
(2) Except as provided in subsection (3) of this section, information concerning mental health information received by: (a) The department of licensing, under section 404 of this act or RCW 9.41.170; (b) an authority that issues concealed pistol licenses, under section 404 of this act or RCW 9.41.070; (c) a law enforcement agency, under RCW 9.41.090 or 9.41.170; or (d) a court or law enforcement agency under RCW 9.41.097, shall not be disclosed.
(3)(a) Copies or records of applications for concealed pistol licenses, alien firearm licenses, or to purchase pistols, copies or records of pistol sales, and information on the applications or records may be released to law enforcement or corrections agencies or to the person who is the subject of the information. Information concerning mental health information may be released to law enforcement or corrections agencies. The person who is the subject of mental health information may seek disclosure of the information from the health care provider pursuant to chapter 70.02 RCW.
(b) Personally identifying information from applications for concealed pistol licenses, applications for alien firearm licenses, applications to purchase pistols, and records of pistol transfers, such as names, addresses (other than zip codes), and social security numbers, shall not be disclosed except as provided in (a) of this subsection. Information other than personally identifying information, concerning applications for concealed pistol licenses or to purchase pistols, or concerning records of pistol sales, may be disclosed to any person upon request.
Sec. 439. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:
(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.
(c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.
(3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.
(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.
(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.
Sec. 440. RCW 71.05.450 and 1973 1st ex.s. c 142 s 50 are each amended to read as follows:
Competency shall not be determined or withdrawn by operation of, or under the provisions of this chapter. Except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, no person shall be presumed incompetent or lose any civil rights as a consequence of receiving evaluation or treatment for mental disorder, either voluntarily or involuntarily, or certification or commitment pursuant to this chapter or any prior laws of this state dealing with mental illness. Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be given a written statement setting forth the substance of this section.
Sec. 441. RCW 71.12.560 and 1974 ex.s. c 145 s 1 are each amended to read as follows:
The person in charge of any private institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanitarium. ((After six months of continuous inpatient treatment as a voluntary)) At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, ((age)) date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanitarium, and such other information as may be required by rule of the department of social and health services.
Sec. 442. RCW 72.23.080 and 1959 c 28 s 72.23.080 are each amended to read as follows:
Any person received and detained in a state hospital ((pursuant to RCW 72.23.070 shall be)) under chapter 71.34 RCW is deemed a voluntary patient and, except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, shall not suffer a loss of legal competency by reason of his or her application and admission. Upon the admission of a voluntary patient to a state hospital the superintendent shall immediately forward to the department the record of such patient showing the name, address, sex, ((age)) date of birth, place of birth, occupation, social security number, date of admission, name of nearest relative, and such other information as the department may from time to time require.
Sec. 443. RCW 77.12.720 and 1990 c 195 s 2 are each amended to read as follows:
The firearms range account is hereby created in the state general fund. ((Any funds remaining in the firearm range account established by RCW 77.12.195, at the time of its repeal by section 7, chapter 195, Laws of 1990, shall be transferred to the firearms range account established in this section.)) Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.
Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. Grant funds shall not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All ((ranges)) entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed ((carry permits)) pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.
Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state and the United States internal revenue service. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.
((Facilities)) Entities receiving grants must ((be)) make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education ((training)) classes and firearm safety classes.
The interagency committee for outdoor recreation shall adopt rules to implement ((this act)) chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW.
Sec. 444. RCW 77.16.290 and 1980 c 78 s 95 are each amended to read as follows:
((While on duty within their respective jurisdictions,)) Law enforcement officers authorized to carry firearms are exempt from RCW 77.16.250 and 77.16.260.
Sec. 445. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:
This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.280, and 82.04.290 other than those whose value of products, gross proceeds of sales, or gross income of the business is less than one thousand dollars per month: PROVIDED, That where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed one thousand dollars per month, no exemption or deduction from the amount of tax is allowed by this section.
A person who is a dealer as defined by RCW 9.41.010 is required to file returns even though no tax may by due. Any other person claiming exemption under the provisions of this section may be required, according to rules adopted by the department, to file returns even though no tax may be due. The department of revenue may allow exemptions, by general rule or regulation, in those instances in which quarterly, semiannual, or annual returns are permitted. Exemptions for such periods shall be equivalent in amount to the total of exemptions for each month of a reporting period.
Sec. 446. RCW 82.32.030 and 1992 c 206 s 8 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, if any person engages in any business or performs any act upon which a tax is imposed by the preceding chapters, he or she shall, under such rules as the department of revenue shall prescribe, apply for and obtain from the department a registration certificate upon payment of fifteen dollars. Such registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in business and pays the tax accrued to the state. In case business is transacted at two or more separate places by one taxpayer, a separate registration certificate for each place at which business is transacted with the public shall be required, but, for such additional certificates no additional payment shall be required. Each certificate shall be numbered and shall show the name, residence, and place and character of business of the taxpayer and such other information as the department of revenue deems necessary and shall be posted in a conspicuous place at the place of business for which it is issued. Where a place of business of the taxpayer is changed, the taxpayer must return to the department the existing certificate, and a new certificate will be issued for the new place of business free of charge. No person required to be registered under this section shall engage in any business taxable hereunder without first being so registered. The department, by rule, may provide for the issuance of certificates of registration, without requiring payment, to temporary places of business or to persons who are exempt from tax under RCW 82.04.300.
(2) Unless the person is a dealer as defined in RCW 9.41.010, registration under this section is not required if the following conditions are met:
(a) A person's value of products, gross proceeds of sales, or gross income of the business is below the tax reporting threshold provided in RCW 82.04.300;
(b) The person is not required to collect or pay to the department of revenue any other tax which the department is authorized to collect; and
(c) The person is not otherwise required to obtain a license subject to the master application procedure provided in chapter 19.02 RCW.
Sec. 447. RCW 9A.46.050 and 1985 c 288 s 5 are each amended to read as follows:
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of section 430 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
Sec. 448. RCW 10.14.080 and 1992 c 143 s 11 are each amended to read as follows:
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.
(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; ((and))
(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and
(d) Considering the provisions of section 430 of this act.
(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.
(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 449. RCW 10.99.040 and 1992 c 86 s 2 are each amended to read as follows:
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of section 430 of this act. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.))
(3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.
(c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.
(5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
Sec. 450. RCW 10.99.045 and 1984 c 263 s 23 are each amended to read as follows:
(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing.)) The court may include in the order any conditions authorized under section 430 of this act.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).
Sec. 451. RCW 26.09.050 and 1989 c 375 s 29 are each amended to read as follows:
In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in section 430 of this act, and make provision for the change of name of any party.
Sec. 452. RCW 26.09.060 and 1992 c 229 s 9 are each amended to read as follows:
(1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(c) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(d) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except as provided under subsection (((8))) (9) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;
(d) May be entered in a proceeding for the modification of an existing decree.
(((8))) (9) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:
(a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.
Sec. 453. RCW 26.10.040 and 1989 c 375 s 31 are each amended to read as follows:
In entering an order under this chapter, the court shall consider, approve, or make provision for:
(1) Child custody, visitation, and the support of any child entitled to support;
(2) The allocation of the children as a federal tax exemption; and
(3) Any necessary continuing restraining orders, including the provisions contained in section 430 of this act.
Sec. 454. RCW 26.10.115 and 1989 c 375 s 32 are each amended to read as follows:
(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(b) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(c) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the motion is dismissed;
(d) May be entered in a proceeding for the modification of an existing order.
(((8))) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 455. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and amended to read as follows:
(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(5) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards ((adopted under RCW 26.19.040)) contained in chapter 26.19 RCW.
(6) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.
(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.
Sec. 456. RCW 26.26.137 and 1983 1st ex.s. c 41 s 12 are each amended to read as follows:
(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:
(a) Molesting or disturbing the peace of another party;
(b) Entering the home of another party; or
(c) Removing a child from the jurisdiction of the court.
(3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of section 430 of this act.
(5) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the petition is dismissed; and
(d) May be entered in a proceeding for the modification of an existing order.
(6) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 457. RCW 26.50.060 and 1992 c 143 s 2, 1992 c 111 s 4, and 1992 c 86 s 4 are each reenacted and amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;
(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the respondent to participate in batterers' treatment;
(e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;
(g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))
(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; and
(i) Consider the provisions of section 430 of this act.
(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. If the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children that are not also the respondent's minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 RCW.
(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 458. RCW 26.50.070 and 1992 c 143 s 3 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;
(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; ((and))
(d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and
(e) Considering the provisions of section 430 of this act.
(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 26.50.050 and 26.50.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
NEW SECTION. Sec. 459. (1) RCW 19.70.010 and 19.70.020 are each recodified as sections in chapter 9.41 RCW.
(2) RCW 9.41.160 is recodified in chapter 9.41 RCW to follow RCW 9.41.310.
NEW SECTION. Sec. 460. The following acts or parts of acts are each repealed:
(1) RCW 9.41.030 and 1935 c 172 s 3;
(2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;
(3) RCW 9.41.095 and 1969 ex.s. c 227 s 3;
(4) RCW 9.41.130 and 1935 c 172 s 13;
(5) RCW 9.41.150 and 1989 c 132 s 1, 1961 c 124 s 11, & 1935 c 172 s 15;
(6) RCW 9.41.180 and 1992 c 7 s 8 & 1909 c 249 s 266;
(7) RCW 9.41.200 and 1982 c 231 s 2 & 1933 c 64 s 2; and
(8) RCW 9.41.210 and 1933 c 64 s 3.
PART V. PUBLIC SAFETY
NEW SECTION. Sec. 501. A new section is added to chapter 74.13 RCW to read as follows:
The department of social and health services shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.
NEW SECTION. Sec. 502. A new section is added to chapter 35.21 RCW to read as follows:
(1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
NEW SECTION. Sec. 503. A new section is added to chapter 35A.11 RCW to read as follows:
(1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
NEW SECTION. Sec. 504. A new section is added to chapter 36.32 RCW to read as follows:
(1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
Sec. 505. RCW 13.32A.050 and 1990 c 276 s 5 are each amended to read as follows:
A law enforcement officer shall take a child into custody:
(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or
(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.
Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.
An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.
(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.
(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.
Sec. 506. RCW 13.32A.060 and 1985 c 257 s 8 are each amended to read as follows:
(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:
(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or
(b) Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:
(i) If the child ((evinces)) expresses fear or distress at the prospect of being returned to his or her home((; or
(ii) If the officer believes)) which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or
(((iii))) (ii) If it is not practical to transport the child to his or her home; or
(((iv))) (iii) If there is no parent available to accept custody of the child.
The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.
(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.
(3) "Extended family members" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
Sec. 507. RCW 13.32A.080 and 1981 c 298 s 6 are each amended to read as follows:
(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Harboring a minor is punishable as a gross misdemeanor ((if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section)).
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
Sec. 508. RCW 13.32A.130 and 1992 c 205 s 206 are each amended to read as follows:
A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in ((such)) the placement under the rules ((and regulations)) established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. Crisis residential center staff shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; and (3) the right to request a review of any alternative residential placement((: PROVIDED, That)).
At no time shall information regarding a parent's or child's rights be withheld if requested((: PROVIDED FURTHER, That)). The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating ((such)) the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of ((such)) the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of ((such)) the statement.
NEW SECTION. Sec. 509. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall ensure that every law enforcement agency in the state has an accurate and up-to-date policy manual describing the statutes relating to juvenile runaways.
Sec. 510. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Theft of a Firearm (RCW 9A.56.--- (section 432 of this act))
Reckless Endangerment 1 (RCW 9A.36.045)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal Mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
((Reckless Endangerment 1 (RCW 9A.36.045)))
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 511. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:
(1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Reckless endangerment in the first degree is a class ((C)) B felony.
Sec. 512. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:
(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);
(b) 18 months for Burglary 1 (RCW 9A.52.020);
(c) 12 months for ((Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130))) any violent offense except as provided in (a) and (b) of this subsection, Escape 1 (RCW 9A.76.110), ((Kidnapping 2 (RCW 9A.40.030),)) Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.
(4) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(5) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
NEW SECTION. Sec. 513. A new section is added to chapter 4.24 RCW to read as follows:
No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence.
NEW SECTION. Sec. 514. A new section is added to chapter 9.91 RCW to read as follows:
(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.
(2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or
(ii) Other agent commonly known as mace, pepper mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.
Sec. 515. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:
The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.
NEW SECTION. Sec. 516. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
The secretary or assistant secretary shall:
(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety; and
(c) Rehabilitative resources both within and outside the department;
(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
(6) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
(7) Study, in conjunction with the superintendent of public instruction, educators, and superintendents of state facilities for juvenile offenders, the feasibility and value of consolidating within a single entity the provision of educational services to juvenile offenders committed to state facilities. The assistant secretary shall report his or her findings to the legislature by December 1, 1995.
NEW SECTION. Sec. 517. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the appropriate committees of the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing, by July 1, 1995, a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.
NEW SECTION. Sec. 518. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
Sec. 519. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(((1))) (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(((2))) (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter amended));
(((3))) (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((, as now or hereafter amended));
(((4))) (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;
(((5))) (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as now or hereafter amended,)) unless:
(((a))) (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or
(((b))) (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or
(((c))) (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection (((5)(a) of this section)): PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or
(((6))) (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.
If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(((7))) (g) Relating to termination of a diversion agreement under RCW 13.40.080 ((as now or hereafter amended)), including a proceeding in which the divertee has attained eighteen years of age; and
(((8))) (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.
Sec. 520. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon ((or firearm as defined in RCW 9A.04.110));
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to section 545 of this act. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court ((and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds));
(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;
(10) "Department" means the department of social and health services;
(11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;
(18) "Minor or first offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors; and
(d) Three gross misdemeanors((;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree)).
For purposes of this definition, current violations shall be counted as misdemeanors;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(28) "Violent offense" means a violent offense as defined in RCW 9.94A.030.
Sec. 521. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:
The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:
(1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.
(2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.
(3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.
(4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.
(5) All current offense points calculated in schedules D-1, D-2, and D-3 shall be increased by a factor of five percent if the offense is committed by a juvenile who is in a program of parole under this chapter.
Sec. 522. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR ATTEMPT,
OFFENSE BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
__________________.
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E ((Glue Sniffing (9.47A.050))) E
Unlawful Inhalation (9.47A.020)
B Violation of Uniform Controlled
Substances Act - Narcotic
Counterfeit Substances
(69.50.401(b)(1)(i)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (ii), (iii), (iv)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
((C+ Committing Crime when Armed
(9.41.025) D+))
E Carrying Loaded Pistol Without
Permit (9.41.050) E
((E)) C ((Use)) Possession of Firearms by
Minor (((<14))) (<18)
(((9.41.240))) (9.41.040(1)(e)) ((E)) C
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
((D Custodial Interference
(9A.40.050) E))
Obstructing Governmental Operation
E Obstructing a Public Servant
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
((E Criminal Contempt
(9.23.010) E))
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ ((Public Indecency)) Indecent Exposure
(Victim <14) (9A.88.010) E
E ((Public Indecency)) Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (((9A.56.020))) (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.515) E
((B+ Negligent Homicide by Motor
Vehicle (46.61.520) C+))
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
C Failure to Appear in Court
(10.19.130) D
((E Tampering with Fire Alarm
Apparatus (9.40.100) E))
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
______________..........
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
_____________...
A+ STANDARD RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service
Points Supervision Hours Fine
________________....
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-56 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 10-$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days Weeks
______________.......
1-9 0-3 months and/or 0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2-4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2-4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5-10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5-10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or 10-20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or 10-20
90-109 9-12 months and/or 56-72 and/or 0-$100 and/or 15-30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)).
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
Sec. 523. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:
(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.
If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).
(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).
(4) If a respondent is found to be a middle offender:
(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or
(b) The court shall impose a disposition under (a) of this subsection, which shall be suspended, and shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)). If the offender violates any condition of the disposition, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a)(i) Frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:
(b)(i) Devote time to a specific education, employment, or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the ((sentence)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(6) Section 525 of this act shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(((7))) (8) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.
(((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
Sec. 524. RCW 13.40.185 and 1981 c 299 s 15 are each amended to read as follows:
(1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary, assistant secretary, or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
NEW SECTION. Sec. 525. A new section is added to chapter 13.40 RCW to read as follows:
(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall impose a determinate disposition of ten days of confinement and up to twelve months of community supervision. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.
(2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. Ninety days of confinement shall be added to the entire standard range disposition of confinement if the offender or an accomplice was armed with a firearm when the offender committed: (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense. If the offender or an accomplice was armed with a firearm and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, ninety days shall be added to the entire standard range disposition of confinement. The ninety days shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. The department shall not release the offender until the offender has served a minimum of ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.
(3) Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section. When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.
(4) Any term of confinement ordered pursuant to this section may run concurrently to any term of confinement imposed in the same disposition for other offenses.
NEW SECTION. Sec. 526. A new section is added to chapter 13.40 RCW to read as follows:
A prosecutor may file a special allegation that the offender or an accomplice was armed with a firearm when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a firearm when the offender committed the offense.
Sec. 527. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:
(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody ((which)). The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in section 532 of this act concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.
(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the ((end of each calendar year)) time of release if any such early releases have occurred ((during that year)) as a result of excessive in-residence population. In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.
(3) Following the juvenile's release ((pursuant to)) under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address((; and (e) refrain from committing new offenses)). After termination of the parole period, the juvenile shall be discharged from the department's supervision.
(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (((a))) (i) Continued supervision under the same conditions previously imposed; (((b))) (ii) intensified supervision with increased reporting requirements; (((c))) (iii) additional conditions of supervision authorized by this chapter; (((d))) (iv) except as provided in (((e))) (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (((e))) (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.
(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest ((such)) the person.
(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.
Sec. 528. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:
(1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.
(2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.
(3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.
Sec. 529. RCW 13.40.220 and 1993 c 466 s 1 are each amended to read as follows:
(1) Whenever legal custody of a child is vested in someone other than his or her parents, under this chapter, and not vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.
(2) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.
(3) Whenever legal custody of a child is vested in the department ((of social and health services, after due notice to)) under this chapter, the parents or other persons legally obligated to care for and support the child((, and after a hearing, the court shall order and decree that the parent or other legally obligated person shall pay for)) shall be liable for the costs of support, treatment, and confinement of the child ((after the decree is entered, following the department of social and health services)), in accordance with the department's reimbursement of cost schedule. ((The department of social and health services shall collect the debt in accordance with chapter 43.20B RCW. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.
(3) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.)) The department shall adopt a reimbursement of cost schedule based on the costs of providing such services, and shall determine an obligation based on the responsible parents' or other legally obligated person's ability to pay. The department is authorized to adopt additional rules as appropriate to enforce this section.
(4) To enforce subsection (3) of this section, the department shall serve on the parents or other person legally obligated to care for and support the child a notice and finding of financial responsibility requiring the parents or other legally obligated person to appear and show cause in an adjudicative proceeding why the finding of responsibility and/or the amount thereof is incorrect and should not be ordered. This notice and finding shall relate to the costs of support, treatment, and confinement of the child in accordance with the department's reimbursement of cost schedule adopted under this section, including periodic payments to be made in the future. The hearing shall be held pursuant to chapter 34.05 RCW, the administrative procedure act, and the rules of the department.
(5) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the parent or legally obligated person by certified mail, return receipt requested. The receipt shall be prima facie evidence of service.
(6) If the parents or other legally obligated person objects to the notice and finding of financial responsibility, then an application for an adjudicative hearing may be filed within twenty days of the date of service of the notice. If an application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and responsibility, if any, of the parents or other legally obligated person and shall also determine the amount of periodic payments to be made in the future. If the parents or other legally responsible person fails to file an application within twenty days, the notice and finding of financial responsibility shall become a final administrative order.
(7) Debts determined pursuant to this section are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, 74.20A.060, and 74.20A.070. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.
(8) An administrative order entered pursuant to this section shall supersede any court order entered prior to the effective date of this section.
(9) The department shall be subrogated to the right of the child and his or her parents or other legally responsible person to receive support payments for the benefit of the child from any parent or legally obligated person pursuant to a support order established by a superior court or pursuant to RCW 74.20A.055. The department's right of subrogation under this section is limited to the liability established in accordance with its cost schedule for support, treatment, and confinement, except as addressed in subsection (10) of this section.
(10) Nothing in this section precludes the department from recouping such additional support payments from the child's parents or other legally obligated person as required to qualify for receipt of federal funds. The department may adopt such rules dealing with liability for recoupment of support, treatment, or confinement costs as may become necessary to entitle the state to participate in federal funds unless such rules would be expressly prohibited by law. If any law dealing with liability for recoupment of support, treatment, or confinement costs is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds, such conflicting law is declared to be inoperative solely to the extent of the conflict.
Sec. 530. RCW 13.40.300 and 1986 c 288 s 6 are each amended to read as follows:
(1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or
(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.
(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.
(3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution.
(4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.
NEW SECTION. Sec. 531. The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly state-wide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.
The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism.
NEW SECTION. Sec. 532. A new section is added to chapter 13.40 RCW to read as follows:
(1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.
(2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380. Requests for proposals from possible contractors shall not call for payment on a per diem basis.
(3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.
(4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.
The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.
(5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of at least fifty-two weeks but not more than seventy-eight weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.
(6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.
(7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend the first one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.
(8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services.
(9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.
NEW SECTION. Sec. 533. A new section is added to chapter 9.94A RCW to read as follows:
The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.
The department shall adopt rules and procedures to administer this section.
Sec. 534. RCW 72.09.111 and 1993 sp.s. c 20 s 2 are each amended to read as follows:
(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in ((class I or class II)) correctional industries work programs, ((or of any inmate earning more than the state minimum wage, other than an inmate under the jurisdiction of the division of community corrections,)) taxes and legal financial obligations. ((Following the deductions for legal financial obligations and taxes, deductions from the remaining wages or gratuities shall be)) The secretary shall develop a formula for the distribution of offender wages and gratuities.
(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:
(((a) Ten)) (i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(((b))) (ii) Ten percent to a department personal inmate savings account ((until such account has a balance of at least nine hundred fifty dollars)); and
(((c) Thirty)) (iii) Twenty percent to the department to contribute to the cost of incarceration.
(b) The formula shall include the following minimum deductions from class II gross gratuities:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account; and
(iii) Fifteen percent to the department to contribute to the cost of incarceration.
(c) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.
(d) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.
Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection((, but shall have a forty percent deduction taken under (c) of this subsection)).
The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement((. Once the department personal inmate savings account for an inmate has a balance of at least nine hundred fifty dollars, the ten percent deduction shall continue to be taken and be used to contribute to the cost of incarceration)), unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.
In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.
(2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.
(3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration ((under subsection (1)(c) of this section)) shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs until December 31, 2000, and thereafter all such funds shall be deposited in the general fund.
(4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:
(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.
(5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.
Sec. 535. RCW 72.09.070 and 1993 sp.s. c 20 s 3 are each amended to read as follows:
(1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.
(2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:
(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;
(b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;
(c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;
(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;
(e) Develop and design correctional industries work programs;
(f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.
(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.
(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.
(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.
Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.
(6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.
NEW SECTION. Sec. 536. Section 534 of this act shall take effect June 30, 1994.
Sec. 537. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:
(1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.
(2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.
Sec. 538. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:
(1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW or any other case under Title 13 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.
(2) Cases in the juvenile court shall be tried without a jury.
Sec. 539. RCW 72.76.010 and 1989 c 177 s 3 are each amended to read as follows:
The Washington intrastate corrections compact is enacted and entered into on behalf of this state by the department with any and all counties of this state legally joining in a form substantially as follows:
WASHINGTON INTRASTATE CORRECTIONS
COMPACT
A compact is entered into by and among the contracting counties and the department of corrections, signatories hereto, for the purpose of maximizing the use of existing resources and to provide adequate facilities and programs for the confinement, care, treatment, and employment of offenders.
The contracting counties and the department do solemnly agree that:
(1) As used in this compact, unless the context clearly requires otherwise:
(a) "Department" means the Washington state department of corrections.
(b) "Secretary" means the secretary of the department of corrections or designee.
(c) "Compact jurisdiction" means the department of corrections or any county of the state of Washington which has executed this compact.
(d) "Sending jurisdiction" means a county party to this agreement or the department of corrections to whom the courts have committed custody of the offender.
(e) "Receiving jurisdiction" means the department of corrections or a county party to this agreement to which an offender is sent for confinement.
(f) "Offender" means a person who has been charged with and/or convicted of an offense established by applicable statute or ordinance.
(g) "Convicted felony offender" means a person who has been convicted of a felony established by state law and is eighteen years of age or older, or who is less than eighteen years of age, but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(1)(e)(iv).
(h) An "offender day" includes the first day an offender is delivered to the receiving jurisdiction, but ends at midnight of the day immediately preceding the day of the offender's release or return to the custody of the sending jurisdiction.
(i) "Facility" means any state correctional institution, camp, or other unit established or authorized by law under the jurisdiction of the department of corrections; any jail, holding, detention, special detention, or correctional facility operated by the county for the housing of adult offenders; or any contract facility, operated on behalf of either the county or the state for the housing of adult offenders.
(j) "Extraordinary medical expense" means any medical expense beyond that which is normally provided by contract or other health care providers at the facility of the receiving jurisdiction.
(k) "Compact" means the Washington intrastate corrections compact.
(2)(a) Any county may make one or more contracts with one or more counties, the department, or both for the exchange or transfer of offenders pursuant to this compact. Appropriate action by ordinance, resolution, or otherwise in accordance with the law of the governing bodies of the participating counties shall be necessary before the contract may take effect. The secretary is authorized and requested to execute the contracts on behalf of the department. Any such contract shall provide for:
(i) Its duration;
(ii) Payments to be made to the receiving jurisdiction by the sending jurisdiction for offender maintenance, extraordinary medical and dental expenses, and any participation in or receipt by offenders of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;
(iii) Participation in programs of offender employment, if any; the disposition or crediting of any payments received by offenders on their accounts; and the crediting of proceeds from or the disposal of any products resulting from the employment;
(iv) Delivery and retaking of offenders;
(v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving jurisdictions.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant to the contract. Nothing in any contract may be inconsistent with the compact.
(3)(a) Whenever the duly constituted authorities of any compact jurisdiction decide that confinement in, or transfer of an offender to a facility of another compact jurisdiction is necessary or desirable in order to provide adequate housing and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within a facility of the other compact jurisdiction, the receiving jurisdiction to act in that regard solely as agent for the sending jurisdiction.
(b) The receiving jurisdiction shall be responsible for the supervision of all offenders which it accepts into its custody.
(c) The receiving jurisdiction shall be responsible to establish screening criteria for offenders it will accept for transfer. The sending jurisdiction shall be responsible for ensuring that all transferred offenders meet the screening criteria of the receiving jurisdiction.
(d) The sending jurisdiction shall notify the sentencing courts of the name, charges, cause numbers, date, and place of transfer of any offender, prior to the transfer, on a form to be provided by the department. A copy of this form shall accompany the offender at the time of transfer.
(e) The receiving jurisdiction shall be responsible for providing an orientation to each offender who is transferred. The orientation shall be provided to offenders upon arrival and shall address the following conditions at the facility of the receiving jurisdiction:
(i) Requirements to work;
(ii) Facility rules and disciplinary procedures;
(iii) Medical care availability; and
(iv) Visiting.
(f) Delivery and retaking of inmates shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall deliver offenders to the facility of the receiving jurisdiction where the offender will be housed, at the dates and times specified by the receiving jurisdiction. The receiving jurisdiction retains the right to refuse or return any offender. The sending jurisdiction shall be responsible to retake any transferred offender who does not meet the screening criteria of the receiving jurisdiction, or who is refused by the receiving jurisdiction. If the receiving jurisdiction has notified the sending jurisdiction to retake an offender, but the sending jurisdiction does not do so within a seven-day period, the receiving jurisdiction may return the offender to the sending jurisdiction at the expense of the sending jurisdiction.
(g) Offenders confined in a facility under the terms of this compact shall at all times be subject to the jurisdiction of the sending jurisdiction and may at any time be removed from the facility for transfer to another facility within the sending jurisdiction, for transfer to another facility in which the sending jurisdiction may have a contractual or other right to confine offenders, for release or discharge, or for any other purpose permitted by the laws of the state of Washington.
(h) Unless otherwise agreed, the sending jurisdiction shall provide at least one set of the offender's personal clothing at the time of transfer. The sending jurisdiction shall be responsible for searching the clothing to ensure that it is free of contraband. The receiving jurisdiction shall be responsible for providing work clothing and equipment appropriate to the offender's assignment.
(i) The sending jurisdiction shall remain responsible for the storage of the offender's personal property, unless prior arrangements are made with the receiving jurisdiction. The receiving jurisdiction shall provide a list of allowable items which may be transferred with the offender.
(j) Copies or summaries of records relating to medical needs, behavior, and classification of the offender shall be transferred by the sending jurisdiction to the receiving jurisdiction at the time of transfer. At a minimum, such records shall include:
(i) A copy of the commitment order or orders legally authorizing the confinement of the offender;
(ii) A copy of the form for the notification of the sentencing courts required by subsection (3)(d) of this section;
(iii) A brief summary of any known criminal history, medical needs, behavioral problems, and other information which may be relevant to the classification of the offender; and
(iv) A standard identification card which includes the fingerprints and at least one photograph of the offender.
Disclosure of public records shall be the responsibility of the sending jurisdiction, except for those documents generated by the receiving jurisdiction.
(k) The receiving jurisdiction shall be responsible for providing regular medical care, including prescription medication, but extraordinary medical expenses shall be the responsibility of the sending jurisdiction. The costs of extraordinary medical care incurred by the receiving jurisdiction for transferred offenders shall be reimbursed by the sending jurisdiction. The receiving jurisdiction shall notify the sending jurisdiction as far in advance as practicable prior to incurring such costs. In the event emergency medical care is needed, the sending jurisdiction shall be advised as soon as practicable after the offender is treated. Offenders who are required by the medical authority of the sending jurisdiction to take prescription medication at the time of the transfer shall have at least a three-day supply of the medication transferred to the receiving jurisdiction with the offender, and at the expense of the sending jurisdiction. Costs of prescription medication incurred after the use of the supply shall be borne by the receiving jurisdiction.
(l) Convicted offenders transferred under this agreement may be required by the receiving jurisdiction to work. Transferred offenders participating in programs of offender employment shall receive the same reimbursement, if any, as other offenders performing similar work. The receiving jurisdiction shall be responsible for the disposition or crediting of any payments received by offenders, and for crediting the proceeds from or disposal of any products resulting from the employment. Other programs normally provided to offenders by the receiving jurisdiction such as education, mental health, or substance abuse treatment shall also be available to transferred offenders, provided that usual program screening criteria are met. No special or additional programs will be provided except by mutual agreement of the sending and receiving jurisdiction, with additional expenses, if any, to be borne by the sending jurisdiction.
(m) The receiving jurisdiction shall notify offenders upon arrival of the rules of the jurisdiction and the specific rules of the facility. Offenders will be required to follow all rules of the receiving jurisdiction. Disciplinary detention, if necessary, shall be provided at the discretion of the receiving jurisdiction. The receiving jurisdiction may require the sending jurisdiction to retake any offender found guilty of a serious infraction; similarly, the receiving jurisdiction may require the sending jurisdiction to retake any offender whose behavior requires segregated or protective housing.
(n) Good-time calculations and notification of each offender's release date shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall provide the receiving jurisdiction with a formal notice of the date upon which each offender is to be released from custody. If the receiving jurisdiction finds an offender guilty of a violation of its disciplinary rules, it shall notify the sending jurisdiction of the date and nature of the violation. If the sending jurisdiction resets the release date according to its good-time policies, it shall provide the receiving jurisdiction with notice of the new release date.
(o) The sending jurisdiction shall retake the offender at the receiving jurisdiction's facility on or before his or her release date, unless the sending and receiving jurisdictions shall agree upon release in some other place. The sending jurisdiction shall bear the transportation costs of the return.
(p) Each receiving jurisdiction shall provide monthly reports to each sending jurisdiction on the number of offenders of that sending jurisdiction in its facilities pursuant to this compact.
(q) Each party jurisdiction shall notify the others of its coordinator who is responsible for administrating the jurisdiction's responsibilities under the compact. The coordinators shall arrange for alternate contact persons in the event of an extended absence of the coordinator.
(r) Upon reasonable notice, representatives of any party to this compact shall be allowed to visit any facility in which another party has agreed to house its offenders, for the purpose of inspecting the facilities and visiting its offenders that may be confined in the institution.
(4) This compact shall enter into force and become effective and binding upon the participating parties when it has been executed by two or more parties. Upon request, each party county shall provide any other compact jurisdiction with a copy of a duly enacted resolution or ordinance authorizing entry into this compact.
(5) A party participating may withdraw from the compact by formal resolution and by written notice to all other parties then participating. The withdrawal shall become effective, as it pertains to the party wishing to withdraw, thirty days after written notice to the other parties. However, such withdrawal shall not relieve the withdrawing party from its obligations assumed prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing participant shall notify the other parties to retake the offenders it has housed in its facilities and shall remove to its facilities, at its own expense, offenders it has confined under the provisions of this compact.
(6) Legal costs relating to defending actions brought by an offender challenging his or her transfer to another jurisdiction under this compact shall be borne by the sending jurisdiction. Legal costs relating to defending actions arising from events which occur while the offender is in the custody of a receiving jurisdiction shall be borne by the receiving jurisdiction.
(7) The receiving jurisdiction shall not be responsible to provide legal services to offenders placed under this agreement. Requests for legal services shall be referred to the sending jurisdiction.
(8) The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution or laws of the state of Washington or is held invalid, the validity of the remainder of this compact and its applicability to any county or the department shall not be affected.
(9) Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a county or the department may have with each other or with a nonparty county for the confinement, rehabilitation, or treatment of offenders.
NEW SECTION. Sec. 540. Provisions governing exceptions to juvenile court jurisdiction in the amendments to RCW 13.04.030 contained in section 519 of this act shall apply to serious violent and violent offenses committed on or after the effective date of section 519 of this act. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense may have been acquired on, before, or after the effective date of section 519 of this act.
Sec. 541. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to ((insure)) assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment((, or to)). The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
Sec. 542. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:
(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.
(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.
(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:
(a) A description of current jail conditions, including whether the jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently exists and how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;
(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;
(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.
(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.
(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.
(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.
(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:
(a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:
(i) The rehabilitative services offered by county and state institutions to juvenile offenders; and
(ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;
(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;
(c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.
Sec. 543. RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(e), or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or
(c) An alleged offender has previously been committed to the department; or
(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has ((three)) two or more diversion((s)) contracts on the alleged offender's criminal history; or
(f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged ((offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That)) offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.
Sec. 544. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;
(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency((: PROVIDED, That)). The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; ((and))
(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and
(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.
(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
NEW SECTION. Sec. 545. A new section is added to chapter 13.40 RCW to read as follows:
(1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.
(2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.
(3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.
(4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision. (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:
(a) To a speedy trial and disposition;
(b) To call and confront witnesses; and
(c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.
(6) A juvenile is not eligible for a deferred adjudication if:
(a) The juvenile's current offense is a sex or violent offense;
(b) The juvenile's criminal history includes any felony;
(c) The juvenile has a prior deferred adjudication; or
(d) The juvenile has had more than two diversions.
NEW SECTION. Sec. 546. A new section is added to chapter 13.40 RCW to read as follows:
Prosecutors shall develop prosecutorial filing standards. The standards shall be developed considering the recommendations contained in the January 1993 final report concerning racial disproportionality in the juvenile justice system which was conducted pursuant to section 2, chapter 234, Laws of 1991. The standards are intended for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
PART VI. EDUCATION
NEW SECTION. Sec. 601. (1) To the extent funding is available, by December 31, 1994, the superintendent of public instruction shall prepare, or contract to prepare, a guide of available programs and strategies pertaining to conflict resolution and other violence prevention topics. The guide shall include descriptions of curricular and training resources that are developmentally and culturally appropriate for the school populations being served, and shall include information regarding how to contact the organizations offering these resources.
(2) The superintendent of public instruction shall provide the curricular and training resources guide to those educational service districts, school districts, schools, teachers, classified staff, parents, and other interested parties who request it.
(3) In carrying out its responsibilities under this section, the superintendent of public instruction shall coordinate with other agencies engaged in related efforts, such as the department of community, trade, and economic development, and consult with educators, parents, community groups, and other interested parties.
NEW SECTION. Sec. 602. A new section is added to chapter 28A.300 RCW to read as follows:
The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.
Sec. 603. RCW 28A.620.020 and 1985 c 344 s 2 are each amended to read as follows:
Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district's residents of all ages, and making the fullest use of the district's school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges ((education)) and shall be programs receiving the approval of said superintendent.
NEW SECTION. Sec. 604. A new section is added to chapter 70.190 RCW to read as follows:
A community public health and safety network, based on rules adopted by the department of health, may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010.
Sec. 605. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,414,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 33,106,000
Public Safety and Education Account
Appropriation. . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 338,000
Violence Reduction and Drug Enforcement
((and Education)) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,197,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 71,055,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.
(b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.
(c) $770,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.
(2) STATE-WIDE PROGRAMS
(a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.
(b) $62,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.
(c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.
(d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.
(f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.
(h) $3,050,000 of the violence reduction and drug enforcement ((and education)) account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors, metal detectors, or other security in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.
Sec. 606. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:
(1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to ((any)) a lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all ((such)) orders or subpoenas in advance of compliance with them.
(2) The social file, diversion record, police contact record, and arrest record of a student may be made available to a school district if the records are requested by the principal or school counselor. Use of the records is restricted to the principal, the school counselor, or a teacher or teachers identified by the principal as necessary for the provision of additional services to the student. The records may only be used to identify and facilitate those services offered through the school district that would be of benefit to the student. The student's records shall be made available only after providing seventy-two hours' written notice to the parent or guardian of the subject of the record and only to appropriate professional staff under the provisions of this section, section 609 of this act, and chapter 13.50 RCW unless a parent or guardian provides, prior to the release of the records, a statement indicating which records shall remain confidential until such further written release. School districts shall provide written notice of this section to parents or guardians at the time of enrollment of a student. Following the completed use of the records, the principal shall destroy the records and not permit them to be disclosed to any other person.
Sec. 607. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:
(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550 or 28A.600.475, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:
(a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and
(c) No proceeding is pending seeking the formation of a diversion agreement with that person.
(12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.
(15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.
(16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:
(a) The person making the motion is at least twenty-three years of age;
(b) The person has not subsequently been convicted of a felony;
(c) No proceeding is pending against that person seeking the conviction of a criminal offense; and
(d) The person has never been found guilty of a serious offense.
(18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.
(19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
(20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
NEW SECTION. Sec. 608. The Washington state school directors' association shall conduct a study to identify possible incentives to encourage schools to increase the space that is available for after-hours community use. The association shall examine incentives for both existing school facilities and for new construction. The association shall report its findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 609. (1) The department of social and health services and the superintendent of public instruction shall review all statutes and rules relative to the sharing or exchange of information about children who are the subject of reports of abuse and neglect or who are charged with criminal behavior. The department and the superintendent shall revise or adopt rules, consistent with federal guidelines, that allow educational professionals in elementary and secondary schools access to information contained in department records solely for purposes of improving the child's educational performance or attendance.
(2) The department and superintendent shall also revise or adopt rules, consistent with federal guidelines, that allows the department access to information contained in the records of a school or school district on a child who is the subject of a report of abuse or neglect solely for the purpose of improving the department's ability to respond to the report of abuse or neglect.
The department and superintendent shall report their findings and actions, including the need for statutory changes, to the legislature by December 31, 1994.
This section shall expire January 1, 1995.
NEW SECTION. Sec. 610. (1) A task force on student conduct is created. The purpose of the task force is to identify laws, rules, and practices that make it difficult for educators to manage their classrooms and schools effectively. Based on these findings, the task force shall make recommendations to the legislature, the state board of education, the superintendent of public instruction, school districts, institutions of higher education, and others regarding actions that could be taken to reduce the problems generated by disruptive students and thereby make schools more conducive to learning.
(2) Members of the task force and the chair shall be appointed by the superintendent of public instruction, and shall include, but not be limited to, representatives of parents, elementary teachers, secondary teachers, middle/junior high school vice-principals, senior high school vice-principals, classified employees, and special education educators.
(3) Staffing for the task force shall be the responsibility of the superintendent of public instruction. Personnel from the office of the superintendent may staff the task force, or the superintendent may enter into a contract with a public or private entity.
(4) The findings and recommendations of the task force shall be submitted to the entities identified in subsection (1) of this section by November 1, 1994.
(5) This section shall expire December 31, 1994.
NEW SECTION. Sec. 611. A new section is added to chapter 28A.300 RCW to read as follows:
The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution.
NEW SECTION. Sec. 612. A new section is added to chapter 28A.320 RCW to read as follows:
(1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.
(2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.
(3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.
(4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.
PART VII. EMPLOYMENT
NEW SECTION. Sec. 701. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session.
Sec. 702. RCW 43.63A.700 and 1993 sp.s. c 25 s 401 are each amended to read as follows:
(1) The department, in cooperation with the department of revenue, the employment security department, and the office of financial management, shall approve applications submitted by local governments for designation as a ((neighborhood reinvestment area)) community empowerment zone under this section. The application shall be in the form and manner and contain such information as the department may prescribe, provided that the application for designation shall:
(a) Contain information sufficient for the director to determine if the criteria established in RCW 43.63A.710 have been met.
(b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government.
(c) Contain a five-year ((neighborhood reinvestment)) community empowerment plan that describes the proposed designated ((neighborhood reinvestment area's)) community empowerment zone's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; and social service needs.
The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (1)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.
(d) Certify that neighborhood residents were given the opportunity to participate in the development of the five-year ((neighborhood reinvestment)) community empowerment strategy required under (c) of this subsection.
(2) No local government shall submit more than two neighborhoods to the department for possible designation as a designated ((neighborhood reinvestment area)) community empowerment zone under this section.
(3)(a) Within ninety days after January 1, 1994, the director may designate up to six designated ((neighborhood reinvestment areas)) community empowerment zones from among the applications eligible for designation as a designated ((neighborhood reinvestment area under this section)) community empowerment zone.
(b) The director shall make determinations of designated ((neighborhood reinvestment areas)) community empowerment zones on the basis of the following factors:
(i) The strength and quality of the local government commitments to meet the needs identified in the five-year ((neighborhood reinvestment)) community empowerment plan required under this section.
(ii) The level of private commitments by private entities of additional resources and contribution to the designated ((neighborhood reinvestment area)) community empowerment zone.
(iii) The potential for ((reinvestment in)) revitalization of the area as a result of designation as a designated ((neighborhood reinvestment area)) community empowerment zone.
(iv) Other factors the director ((of the department of community development)) deems necessary.
(((b))) (c) The determination of the director as to the areas designated as ((neighborhood reinvestment areas)) community empowerment zones shall be final.
Sec. 703. RCW 43.63A.710 and 1993 sp.s. c 25 s 402 are each amended to read as follows:
(1) The director may not designate an area as a designated ((neighborhood reinvestment area)) community empowerment zone unless that area meets the following requirements:
(a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;
(b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;
(c) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; and
(d) A five-year ((neighborhood reinvestment)) community empowerment plan for the area that meets the requirements of RCW 43.63A.700(1)(c) and as further defined by the director must be adopted.
(2) The director may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this section are satisfied.
(3) In determining if an area meets the requirements of this section, the director may consider data provided by the United States bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.
Sec. 704. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (c) a designated ((neighborhood reinvestment area)) community empowerment zone approved under RCW 43.63A.700 .
(4)(a) "Eligible investment project" means that portion of an investment project which:
(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested; and
(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding or renovating an existing building with costs in excess of twenty-five percent of the true and fair value of the plant complex prior to improvement; or
(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure. The lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person.
(b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5) or investment projects which have already received deferrals under this chapter.
(5) "Investment project" means an investment in qualified buildings and qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.
(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means new structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.
(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.
(11) "Recipient" means a person receiving a tax deferral under this chapter.
(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 705. RCW 82.62.010 and 1993 sp.s. c 25 s 410 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax credit under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (c) a designated ((neighborhood reinvestment area)) community empowerment zone approved under RCW 43.63A.700; or (d) subcounty areas in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601.
(4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility, provided the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.
(b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.
(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(6) "Person" has the meaning given in RCW 82.04.030.
(7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year.
(8) "Tax year" means the calendar year in which taxes are due.
(9) "Recipient" means a person receiving tax credits under this chapter.
(10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
PART VIII. MEDIA
NEW SECTION. Sec. 801. The legislature finds that, to the extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality are conducive to increased violent behaviors, especially in children, the state has a duty to protect the public health and safety.
Many parents, educators, and others are concerned about protecting children and youth from the negative influences of the media, and want more information about media content and more control over media contact with their children.
NEW SECTION. Sec. 802. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Time/channel lock" is electronic circuitry designed to enable television owners to block display of selected times and channels from viewing.
(2) "Video" means any motion picture, television or other electronically delivered programming, or other presentation on film, video tape, or other medium designed to produce, reproduce, or project images on a screen.
(3) "Violence" means any deliberate and hostile use of overt force, or the immediate threat thereof, by an individual against another individual.
(4) "Virtual reality" means any computer or other electronic artificial-intelligence-based technology that creates an enhanced simulation or illusion of three-dimensional, real-time or near-real-time interactive reality through the use of software, specialized hardware, holograms, gloves, masks, glasses, pods, goggles, helmets, computer guns, or other items capable of producing visual, audio, tactile, or sensory effects of verisimilitude beyond those available with a personal computer.
NEW SECTION. Sec. 803. All new televisions sold in this state after January 1, 1995, shall be equipped with a time/channel lock or shall be sold with an offer to the customer to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. All cable television companies shall make available to all customers at the company's cost the opportunity to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. The commercial television sellers and cable television companies shall offer time/channel locks to their customers, when these devices are available. Notice of this availability shall be clearly made to all existing customers and to all new customers at the time of their signing up for service.
NEW SECTION. Sec. 804. All videos, video games, and virtual reality games sold or rented in this state shall clearly and prominently display a realistic age rating for appropriateness of use by end-users of the video or game. The age rating shall be researched, developed, and provided to the purchaser or renter of the video, video game, or virtual reality game, by the originator of the video or game. The originator, as used in this section, includes the manufacturer or software developer or copyright holder of the video or game.
The originator may develop the age rating in any reasonable manner, as determined by the originator, who may consult child psychologists, educators, child development specialists, pediatricians, or others as appropriate in the determination of realistic age rating. The age-rating determination shall include an objective evaluation and estimate of the number of violent incidents represented in the media material being rated.
If the originator is a member of an industry or trade association and the association develops age-rating standards that meet the provisions of this section, the originator may adopt such standards.
The age-rating information may be presented to the consumer in any readily understandable format, whether by label, code, or information sheet.
NEW SECTION. Sec. 805. Television and radio broadcast stations including cable stations, video rental companies, and print media are encouraged, as a matter of public health and safety, to broadcast public health-based, generic antiviolence public service messages. The content, style, and format of the messages shall be developed by the family policy council created under RCW 70.190.010, in coordination with its violence-reduction efforts. The messages may be produced with grant funds from the council or may be produced voluntarily by the media working with the council.
NEW SECTION. Sec. 806. The legislature finds that, as a matter of public health and safety, access by minors to violent videos and violent video games is the responsibility of parents and guardians.
Public libraries, with the exception of university, college, and community college libraries, shall establish policies on minors' access to violent videos and violent video games. Libraries shall make their policies known to the public in their communities.
Each library system shall formulate its own policies, and may, in its discretion, include public hearings, consultation with community networks as defined under chapter 70.190 RCW, or consultation with the Washington library association in the development of its policies.
NEW SECTION. Sec. 807. A new section is added to chapter 13.16 RCW to read as follows:
Motion pictures unrated after November 1968 or rated R, X, or NC-17 by the motion picture association of America shall not be shown in juvenile detention facilities or facilities operated by the division of juvenile rehabilitation in the department of social and health services.
NEW SECTION. Sec. 808. A new section is added to chapter 72.02 RCW to read as follows:
Motion pictures unrated after November 1968 or rated X or NC-17 by the motion picture association of America shall not be shown in adult correctional facilities.
NEW SECTION. Sec. 809. A new section is added to chapter 43.19 RCW to read as follows:
Notwithstanding any other provision of law, the department of general administration shall adopt a policy of refusing to purchase goods and services for the state from businesses or corporations, including parent corporations, profiting from violence-related products or services. Nothing in this section requires the department to adopt a policy that results in a refusal to purchase goods and services from a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings. A business or corporation whose violence-related products or services are for the main purpose of national defense is exempt from this policy. Definitions and guidelines shall be developed by the department of general administration in consultation with the department of health.
NEW SECTION. Sec. 810. A new section is added to chapter 43.33A RCW to read as follows:
The state investment board shall study and examine the extent to which it maintains investments in businesses or corporations, including parent corporations, profiting from violence-related products or services.
The study shall be directed at the equities or bonds of individual companies registered with the securities and exchange commission under the investment company act of 1940 and the securities act of 1933, and shall not include stock and bond index and open or closed-end mutual funds, or forms of securitized investment other than individual corporations.
As used in this section, businesses or corporations profiting from violence-related products or services include, without limitation, companies that produce or sell weapons, ammunition, or violent toys, and corporations engaged in electronic media violence, including network and cable television, motion pictures, videos and video games, entertainment virtual reality, and the recorded music industry. Criteria for determining whether a toy or electronic media is violent or not shall be established by the board in consultation with the department of health.
The study shall not include investments in a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings. A business or corporation whose violence-related products or services are primarily for the purpose of national defense are also exempt from this study.
The board shall report to the legislature regarding the results of its violence investment study by December 1, 1995.
NEW SECTION. Sec. 811. Sections 801 through 806 of this act shall constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 812. Section 804 of this act shall take effect July 1, 1995.
PART IX. MISCELLANEOUS
Sec. 901. RCW 66.24.210 and 1993 c 160 s 2 are each amended to read as follows:
(1) There is hereby imposed upon all wines sold to wine wholesalers and the Washington state liquor control board, within the state a tax at the rate of twenty and one-fourth cents per liter: PROVIDED, HOWEVER, That wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section may, if so prescribed by the board, be collected by means of stamps to be furnished by the board, or by direct payments based on wine purchased by wine wholesalers. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. If this tax be collected by means of stamps, every such person shall procure from the board revenue stamps representing the tax in such form as the board shall prescribe and shall affix the same to the package or container in such manner and in such denomination as required by the board and shall cancel the same prior to the delivery of the package or container containing the wine to the purchaser. If the tax is not collected by means of stamps, the board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. Such additional tax shall cease to be imposed on July 1, 2001. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.
(4) ((Until July 1, 1995,)) An additional tax is imposed on all wine subject to tax under subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine as defined in RCW 66.04.010(34) when bottled or packaged by the manufacturer and one cent per liter on all other wine. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
Sec. 902. RCW 66.24.290 and 1993 c 492 s 311 are each amended to read as follows:
(1) Any brewer or beer wholesaler licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewer or beer wholesaler shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of two dollars and sixty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of two dollars and sixty cents per barrel of thirty-one gallons. Any brewer or beer wholesaler whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Each such brewer or wholesaler shall procure from the board revenue stamps representing such tax in form prescribed by the board and shall affix the same to the barrel or package in such manner and in such denominations as required by the board, and shall cancel the same prior to commencing delivery from his or her place of business or warehouse of such barrels or packages. Beer shall be sold by brewers and wholesalers in sealed barrels or packages. The revenue stamps provided under this section need not be affixed and canceled in the making of resales of barrels or packages already taxed by the affixation and cancellation of stamps as provided in this section.
(2) An additional tax is imposed equal to seven percent multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) ((Until July 1, 1995,)) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(4)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax imposed under this subsection (4) shall be deposited in the health services account under RCW 43.72.900.
(5) The tax imposed under this section shall not apply to "strong beer" as defined in this title.
Sec. 903. RCW 82.08.150 and 1993 c 492 s 310 are each amended to read as follows:
(1) There is levied and shall be collected a tax upon each retail sale of spirits, or strong beer in the original package at the rate of fifteen percent of the selling price. The tax imposed in this subsection shall apply to all such sales including sales by the Washington state liquor stores and agencies, but excluding sales to class H licensees.
(2) There is levied and shall be collected a tax upon each sale of spirits, or strong beer in the original package at the rate of ten percent of the selling price on sales by Washington state liquor stores and agencies to class H licensees.
(3) There is levied and shall be collected an additional tax upon each retail sale of spirits in the original package at the rate of one dollar and seventy-two cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.
(5) ((Until July 1, 1995,)) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of seven cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and seven-tenths percent of the selling price through June 30, 1995, two and six-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and three and four-tenths of the selling price thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, but excluding sales to class H licensees.
(b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and seven-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and two and three-tenths of the selling price thereafter. This additional tax applies to all such sales to class H licensees.
(c) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of twenty cents per liter through June 30, 1995, thirty cents per liter for the period July 1, 1995, through June 30, 1997, and forty-one cents per liter thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(7) The tax imposed in RCW 82.08.020 shall not apply to sales of spirits or strong beer in the original package.
(8) The taxes imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.
(9) As used in this section, the terms, "spirits," "strong beer," and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.
Sec. 904. RCW 82.24.020 and 1993 c 492 s 307 are each amended to read as follows:
(1) There is levied and there shall be collected as provided in this chapter, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.
(2) ((Until July 1, 1995,)) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ((one and one-half)) five and one-fourth mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(3) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ten mills per cigarette through June 30, 1994, eleven and one-fourth mills per cigarette for the period July 1, 1994, through June 30, 1995, twenty mills per cigarette for the period July 1, 1995, through June 30, 1996, and twenty and one-half mills per cigarette thereafter. All revenues collected during any month from this additional tax shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his or her designee by a person other than the purchaser, constructive possession by the purchaser or his or her designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held.
Sec. 905. RCW 82.64.010 and 1991 c 80 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Carbonated beverage" has its ordinary meaning and includes any nonalcoholic liquid intended for human consumption which contains carbon dioxide, whether carbonation is obtained by natural or artificial means.
(2) "Previously taxed ((carbonated beverage or)) syrup" means ((a carbonated beverage or)) syrup in respect to which a tax has been paid under this chapter. ((A "previously taxed carbonated beverage" includes carbonated beverages in respect to which a tax has been paid under this chapter on the carbonated beverage or on the syrup in the carbonated beverage.))
(3) "Syrup" means a concentrated liquid which is added to carbonated water to produce a carbonated beverage.
(4) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this chapter.
Sec. 906. RCW 82.64.020 and 1991 c 80 s 2 are each amended to read as follows:
(1) A tax is imposed on each sale at wholesale of ((a carbonated beverage or)) syrup in this state. The rate of the tax shall be equal to ((eighty-four one-thousandths of a cent per ounce for carbonated beverages and seventy-five cents)) one dollar per gallon ((for syrups)). Fractional amounts shall be taxed proportionally.
(2) A tax is imposed on each sale at retail of ((a carbonated beverage or)) syrup in this state. The rate of the tax shall be equal to the rate imposed under subsection (1) of this section.
(3) Moneys collected under this chapter shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520.
(4) Chapter 82.32 RCW applies to the taxes imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter 82.04 RCW apply equally to the taxes imposed in this chapter.
Sec. 907. RCW 82.64.030 and 1991 c 80 s 3 are each amended to read as follows:
The following are exempt from the taxes imposed in this chapter:
(1) Any successive sale of a previously taxed ((carbonated beverage or)) syrup.
(2) Any ((carbonated beverage or)) syrup that is transferred to a point outside the state for use outside the state. The department shall provide by rule appropriate procedures and exemption certificates for the administration of this exemption.
(3) Any sale at wholesale of a trademarked ((carbonated beverage or)) syrup by any person to a person commonly known as a bottler who is appointed by the owner of the trademark to manufacture, distribute, and sell such trademarked ((carbonated beverage or)) syrup within a specified geographic territory.
(4) Any sale of ((carbonated beverage or)) syrup in respect to which a tax on the privilege of possession was paid under this chapter before June 1, 1991.
Sec. 908. RCW 82.64.040 and 1991 c 80 s 7 are each amended to read as follows:
(1) Credit shall be allowed, in accordance with rules of the department, against the taxes imposed in this chapter for any ((carbonated beverage or)) syrup tax paid to another state with respect to the same ((carbonated beverage or)) syrup. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to that ((carbonated beverage or)) syrup.
(2) For the purpose of this section:
(a) "((Carbonated beverage or)) Syrup tax" means a tax:
(i) That is imposed on the sale at wholesale of ((carbonated beverages or)) syrup and that is not generally imposed on other activities or privileges; and
(ii) That is measured by the volume of the ((carbonated beverage or)) syrup.
(b) "State" means (i) a state of the United States other than Washington, or any political subdivision of such other state, (ii) the District of Columbia, and (iii) any foreign country or political subdivision thereof.
NEW SECTION. Sec. 909. The following acts or parts of acts are each repealed:
(1) RCW 82.64.060 and 1991 c 80 s 5; and
(2) RCW 82.64.900 and 1989 c 271 s 509.
Sec. 910. RCW 69.50.520 and 1989 c 271 s 401 are each amended to read as follows:
The violence reduction and drug enforcement ((and education)) account is created in the state treasury. All designated receipts from RCW 9.41.110(5), 66.24.210(4), 66.24.290(3), 69.50.505(((f)(2)(i)(C))) (h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under ((this act)) chapter 271, Laws of 1989 and chapter . . ., Laws of 1994 (this act), including state incarceration costs. At least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the family policy council.
NEW SECTION. Sec. 911. Sections 901 through 909 of this act shall be submitted as a single ballot measure to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof unless section 13, chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or stayed by a court of competent jurisdiction.
NEW SECTION. Sec. 912. Sections 905 through 908 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred, nor as affecting any proceeding instituted under those sections, before the effective date of sections 905 through 908 of this act.
NEW SECTION. Sec. 913. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 914. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 915. (1) Sections 201 through 204, 302, 323, 411, 412, 417, and 418 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 904 through 908 of this act shall take effect July 1, 1995.
(3) Notwithstanding other provisions of this section, if sections 901 through 909 of this act are referred to the voters at the next succeeding general election and sections 901 through 909 of this act are rejected by the voters, then the amendments by sections 510 through 512, 519, 521, 525, and 527 of this act shall expire on July 1, 1995.
NEW SECTION. Sec. 916. Sections 401 through 410, 413 through 416, 418 through 437, and 439 through 460 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 917. Sections 540 through 545 of this act shall apply to offenses committed on or after July 1, 1994.
NEW SECTION. Sec. 918. (1) The legislature finds that the juvenile justice act of 1977, chapter 13.40 RCW, requires substantial revision. The legislature reaffirms the goals of the act, including the dual goals of punishment and rehabilitation of juvenile offenders. The legislature finds, however, that the substantive provisions of the act are too structured to achieve fully the act's goals.
The framework created by the act has diminishing relevance to today's violent and chronic offenders. Juveniles are committing increasingly violent crimes, and they are committing these violent crimes at an increasingly younger age. Simultaneously, juveniles repeatedly commit minor offenses. Dispositions prescribed by the act are not long enough to permit substantial rehabilitation of violent offenders, and minor offenders receive no meaningful intervention. The fixed system established by the act restricts the judiciary's efforts to tailor punishment and rehabilitation to the juvenile's individual needs. Additionally, substantial delays occur before the juvenile offender is held accountable for criminal acts.
(2) These problems with the juvenile justice system require substantial review. To this end, the legislature affirmatively declares its intent to undertake significant revisions to the juvenile justice act during the 1995 regular legislative session.
(3) Therefore, effective July 1, 1994, a special legislative task force is created to examine the effectiveness of the juvenile justice act of 1977, to survey alternatives to the act, and to recommend to the legislature by December 15, 1994, appropriate revisions to the juvenile justice laws.
(4) This task force shall recommend changes to the juvenile justice laws based upon and embodying the following principles:
(a) Juvenile dispositions should be based primarily on the juvenile's current offense, and the length and intensity of the disposition should increase with the severity of the offense;
(b) The juvenile justice system should hold juveniles accountable for their actions and should employ early intervention methods to prevent minor offenders from continuing their criminal conduct. Families should become more involved in the juvenile justice system;
(c) A juvenile justice system should promote positive behavioral change, and dispositions should emphasize effective, practical rehabilitation, because meaningful change is essential to preventing recidivism and consequent public harm; and
(d) Judges should have broadened discretion to tailor punishment and rehabilitation to the juvenile offender's needs. The statutes should permit use of alternative disposition options not included in current law.
(5) In formulating its recommendations, the task force shall:
(a) Evaluate the fiscal and capital planning impact of the recommended revisions to juvenile justice laws;
(b) Consult with the department of social and health services, the capital budget committee of the house of representatives, and the ways and means committee of the senate regarding the development of a master capital plan for juvenile offender confinement facilities; and
(c) Examine local resources and the implications of the recommendations on juvenile dispositions and rehabilitation at the local level.
(6) The task force established under this section shall consist of two members, who shall not be members of the same caucus, from each of the following: The house of representatives committees on corrections, judiciary, appropriations, human services, and capital budget; and the senate committees on education, law and justice, and health and human services; and four members, no more than two of whom shall be members of the same caucus, from the senate ways and means committee. The speaker of the house of representatives shall appoint the members from the house of representatives, and the president of the senate shall appoint the members from the senate. This task force shall meet and conduct hearings as often as is necessary to carry out its responsibilities under this section. The office of program research and senate committee services shall provide support staff to the task force.
(7) The task force shall receive access to all relevant information necessary to carry out its responsibilities under this section. All confidential information received by the task force under this section shall be kept confidential by members of the task force and shall not be further disseminated unless specifically authorized by state or federal law.
(8) The special task force, unless recreated by the legislature, shall cease to exist after submitting the report required under this section."
On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "amending RCW 74.14A.020, 43.70.010, 70.190.005, 70.190.010, 43.101.240, 70.190.020, 70.190.030, 70.190.900, 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.140, 9.41.190, 9.41.220, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.290, 9.41.300, 9A.56.040, 9A.56.160, 13.40.265, 13.64.060, 42.17.318, 46.20.265, 71.05.450, 71.12.560, 72.23.080, 77.12.720, 77.16.290, 82.04.300, 82.32.030, 9A.46.050, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.137, 26.50.070, 13.32A.050, 13.32A.060, 13.32A.080, 13.32A.130, 9A.36.045, 9.94A.310, 43.20A.090, 13.04.030, 13.40.020, 13.40.0354, 13.40.0357, 13.40.160, 13.40.185, 13.40.210, 13.40.190, 13.40.220, 13.40.300, 72.09.111, 72.09.070, 26.12.010, 13.04.021, 72.76.010,
13.50.010, 72.09.300, 13.40.070, 13.40.080, 28A.620.020, 28A.600.475, 13.50.050, 43.63A.700, 43.63A.710, 82.60.020, 82.62.010, 66.24.210, 66.24.290, 82.08.150, 82.24.020, 82.64.010, 82.64.020, 82.64.030, 82.64.040, and 69.50.520; amending 1993 sp.s. c 24 s 501 (uncodified); reenacting and amending RCW 9.41.010, 9.41.040, 26.28.080, 26.26.130, 26.50.060, and 9.94A.320; adding new sections to chapter 43.70 RCW; adding new sections to chapter 70.190 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 43.20A RCW; adding new sections to chapter 9.41 RCW; adding a new section to chapter 9A.56 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.11 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 43.101 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 9.91 RCW; adding new sections to chapter 13.40 RCW; adding a new section to chapter 9.94A RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 13.16 RCW; adding a new section to chapter 72.02 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 43.33A RCW; adding a new chapter to Title 19 RCW; creating new sections; recodifying RCW 19.70.010 19.70.020, and 9.41.160; repealing RCW 70.190.900, 9.41.030, 9.41.093, 9.41.095, 9.41.130, 9.41.150, 9.41.180, 9.41.200, 9.41.210, 82.64.060, and 82.64.900; prescribing penalties; providing effective dates; providing contingent effective dates; providing a contingent expiration date; providing for submission of certain sections of this act to a vote of the people; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Talmadge and Adam Smith; Representatives Appelwick and Morris
MOTION
On motion of Senator Talmadge, the twenty-four hour rule was suspended to consider the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319.
MOTION
Senator Talmadge moved that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319, under suspension of the twenty-four hour rule.
Debate ensued.
POINT OF INQUIRY
Senator Hargrove: "Senator Smith, can the current law, which provides for the forfeiture of a firearm, be used to enforce the open carry provision contained in Section 405 of the Conference Report?"
Senator Adam Smith: "No, it can't. The Forfeiture of Firearms Statute, RCW 9.41.098 allows the forfeiture when two elements are present: One, there has not been a crime and two, a firearm was used or displayed in the commission of the crime.
"The forfeiture provision would not apply to the crime of illegally displaying a firearm because the statute contemplates the independent use of a firearm to facilitate the offense. The new open carry provision contained in Section 405 contains no underlying offense and, therefore, the two necessary elements would not be met and they would be merged into one element."
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Talmadge that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319, under suspension of the twenty-four hour rule.
The motion by Senator Talmadge carried and the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule.
POINT OF INQUIRY
Senator Pelz: "Senator Talmadge, this legislation, in Section 303, authorizes the creation of community networks for the purpose of planning and delivery of social service funding. Is there anything in the measure which mandates the size or location of a network?"
Senator Talmadge: "No, Senator Pelz, Section 303 allows the creation of a network of any size and location. The Family Policy Council establishes the boundaries of a network and they are given every opportunity to approve networks which are not limited to the political boundaries of any public entity and there is no required minimum size. The council has discretion to establish networks of a nature smaller that simply a county size area."
Senator Pelz: "Thank you."
ROLL CALL
2
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, and the bill failed to pass the Senate by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Spanel, Sutherland, Talmadge and Wojahn - 21.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Skratek, Smith, L., Snyder, Vognild, West, Williams and Winsley - 27.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, as recommended by the Conference Committee under suspension of the twenty-four rule, having failed to receive the constitutional majority, was declared lost.
MOTION FOR RECONSIDERATION
Having voted on the prevailing side, Senator Snyder moved that the Senate immediately reconsider the vote by which Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, failed to pass the Senate.
The President declared the question before the Senate to be the motion by Senator Snyder that the Senate immediately reconsider the vote by which Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, failed to pass the Senate.
The motion by Senator Snyder carried and the Senate will immediately reconsider the vote by which Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, failed to pass the Senate.
MOTION
At 10:47 p.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 12:02 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, on reconsideration.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Roach: "A point of parliamentary inquiry, Mr. President. Could you tell the body what the day and the time is?"
REPLY BY THE PRESIDENT
President Pritchard: "Well, if you are referring to the fact that is after twelve o'clock, I think it has been pretty well settled by the courts that they have not ruled out legislation that has been passed after midnight."
Senator Roach: "Mr. President, I don't think that has been challenged in court yet. I was just asking, the inquiry was, what is the day and what is the time?"
President Pritchard: "Well, if you are asking what the time is, it looks like it is 12:07."
Senator Roach: "And the date, Sir?"
President Pritchard: "March 11, the sixtieth working day."
Senator Roach: "Thank you."
REMARKS BY SENATOR SNYDER
Senator Snyder: "Mr. President, I would also like to comment that it is still the sixtieth legislative day."
FURTHER REMARKS BY SENATOR ROACH
Senator Roach: "Mr. President, it is the sixty-first day. We have gone past--the constitutional limit says sixty days. If this were to continue, it would be the sixty-first day. I wanted to have this reflected on the record that we would all be able to understand that we have surpassed our constitutional limit. Thank you, Mr. President."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Winsley and Wojahn - 28.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, Loveland, Ludwig, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Williams - 20.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, as recommended by the Conference Committee under suspension of the twenty-four hour rule, on reconsideration, 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 12:14 p.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 1:43 a.m. by President Pritchard.
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8429 by Senators Gaspard and Sellar
Returning measure to their house of origin.
SCR 8430 by Senators Gaspard and Sellar
Adjourning Sine Die.
MOTIONS
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8429 was advanced to second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8429 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
MOTIONS
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8430 was advanced to second reading and read the second time.
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8430 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
There being no objection, the President reverted the Senate to the third order of business.
PROCLAMATION BY THE GOVERNOR NO. 94-01
WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the State Constitution, the 1994 Regular Session of the Legislature adjourned March 10, 1994, the 60th day, without completing its work; and
WHEREAS, it is therefore necessary for me to convene a Special Session for purposes of completing the business of the 1994 Session of the Legislature.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7, of the State Constitution, do hereby convene the Legislature of the state of Washington on Friday, the 11th day of March, 1994, at 10:00 a.m. in Special Session in the Capitol in Olympia.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this 11th day of March, A.D., nineteen hundred and ninety-four.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
RALPH MUNRO
Secretary of State
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The House has adopted SENATE CONCURRENT RESOLUTION NO. 8429 and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The House has adopted SENATE CONCURRENT RESOLUTION NO. 8430 and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 10, 1994
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468,
SENATE BILL NO. 6003,
SUBSTITUTE SENATE BILL NO. 6007,
ENGROSSED SENATE BILL NO. 6025,
SUBSTITUTE SENATE BILL NO. 6047,
SENATE BILL NO. 6074,
SECOND SUBSTITUTE SENATE BILL NO. 6107,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6124,
SUBSTITUTE SENATE BILL NO. 6204,
SUBSTITUTE SENATE BILL NO. 6230,
SUBSTITUTE SENATE BILL NO. 6243,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255,
SUBSTITUTE SENATE BILL NO. 6278,
SENATE BILL NO. 6438,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6484, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE CONCURRENT RESOLUTION NO. 8429,
SENATE CONCURRENT RESOLUTION NO. 8430.
RETURN OF BILLS TO THE HOUSE OF REPRESENTATIVES
Under the provisions of Senate Concurrent Resolution No. 8429, the Senate returned the following House Bills to the House of Representatives:
SUBSTITUTE HOUSE BILL NO. 1005,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1018,
HOUSE BILL NO. 1020,
HOUSE BILL NO. 1029,
HOUSE BILL NO. 1124,
HOUSE BILL NO. 1132,
HOUSE BILL NO. 1220,
SUBSTITUTE HOUSE BILL NO. 1243,
SUBSTITUTE HOUSE BILL NO. 1267,
SUBSTITUTE HOUSE BILL NO. 1275,
HOUSE BILL NO. 1295,
SECOND SUBSTITUTE HOUSE BILL NO. 1298,
SUBSTITUTE HOUSE BILL NO. 1332,
SUBSTITUTE HOUSE BILL NO. 1375,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1409,
SUBSTITUTE HOUSE BILL NO. 1443,
HOUSE BILL NO. 1447,
HOUSE BILL NO. 1460,
ENGROSSED HOUSE BILL NO. 1536,
SUBSTITUTE HOUSE BILL NO. 1567,
SUBSTITUTE HOUSE BILL NO. 1579,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1630,
ENGROSSED HOUSE BILL NO. 1653,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724,
SUBSTITUTE HOUSE BILL NO. 1728,
HOUSE BILL NO. 1731,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,
HOUSE BILL NO. 1804,
HOUSE BILL NO. 1867,
HOUSE BILL NO. 1869,
SECOND ENGROSSED HOUSE BILL NO. 1925,
HOUSE BILL NO. 1929,
HOUSE BILL NO. 1930,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1940,
SUBSTITUTE HOUSE BILL NO. 1945,
SUBSTITUTE HOUSE BILL NO. 1947,
SUBSTITUTE HOUSE BILL NO. 1959,
HOUSE BILL NO. 1975,
HOUSE BILL NO. 1985,
SUBSTITUTE HOUSE BILL NO. 2076,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2080,
HOUSE BILL NO. 2150,
ENGROSSED HOUSE BILL NO. 2161,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2163,
ENGROSSED HOUSE BILL NO. 2165,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2168,
ENGROSSED HOUSE BILL NO. 2171,
SUBSTITUTE HOUSE BILL NO. 2172,
HOUSE BILL NO. 2173,
HOUSE BILL NO. 2184,
HOUSE BILL NO. 2189,
SUBSTITUTE HOUSE BILL NO. 2192,
SUBSTITUTE HOUSE BILL NO. 2202,
SUBSTITUTE HOUSE BILL NO. 2203,
HOUSE BILL NO. 2209,
HOUSE BILL NO. 2211,
HOUSE BILL NO. 2213,
SUBSTITUTE HOUSE BILL NO. 2214,
SUBSTITUTE HOUSE BILL NO. 2215,
HOUSE BILL NO. 2216,
SUBSTITUTE HOUSE BILL NO. 2220,
ENGROSSED HOUSE BILL NO. 2236,
SUBSTITUTE HOUSE BILL NO. 2238,
HOUSE BILL NO. 2240,
HOUSE BILL NO. 2241,
HOUSE BILL NO. 2245,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2256,
HOUSE BILL NO. 2258,
SUBSTITUTE HOUSE BILL NO. 2280,
HOUSE BILL NO. 2281,
SUBSTITUTE HOUSE BILL NO. 2291,
ENGROSSED HOUSE BILL NO. 2292,
SUBSTITUTE HOUSE BILL NO. 2321,
SUBSTITUTE HOUSE BILL NO. 2325,
ENGROSSED HOUSE BILL NO. 2339,
SUBSTITUTE HOUSE BILL NO. 2352,
SECOND SUBSTITUTE HOUSE BILL NO. 2359,
SUBSTITUTE HOUSE BILL NO. 2365,
HOUSE BILL NO. 2389,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2396,
SUBSTITUTE HOUSE BILL NO. 2402,
HOUSE BILL NO. 2407,
ENGROSSED HOUSE BILL NO. 2416,
SUBSTITUTE HOUSE BILL NO. 2425,
SUBSTITUTE HOUSE BILL NO. 2429,
SUBSTITUTE HOUSE BILL NO. 2433,
SUBSTITUTE HOUSE BILL NO. 2436,
HOUSE BILL NO. 2445,
ENGROSSED HOUSE BILL NO. 2453,
SUBSTITUTE HOUSE BILL NO. 2458,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2464,
SUBSTITUTE HOUSE BILL NO. 2465,
HOUSE BILL NO. 2484,
HOUSE BILL NO. 2485,
SUBSTITUTE HOUSE BILL NO. 2493,
HOUSE BILL NO. 2503,
SUBSTITUTE HOUSE BILL NO. 2504,
HOUSE BILL NO. 2509,
ENGROSSED HOUSE BILL NO. 2517,
HOUSE BILL NO. 2527,
SUBSTITUTE HOUSE BILL NO. 2543,
SUBSTITUTE HOUSE BILL NO. 2557,
HOUSE BILL NO. 2577,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2595,
HOUSE BILL NO. 2599,
ENGROSSED HOUSE BILL NO. 2603,
HOUSE BILL NO. 2606,
SUBSTITUTE HOUSE BILL NO. 2610,
HOUSE BILL NO. 2612,
HOUSE BILL NO. 2619,
SUBSTITUTE HOUSE BILL NO. 2623,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647,
ENGROSSED HOUSE BILL NO. 2657,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2660,
HOUSE BILL NO. 2661,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676,
HOUSE BILL NO. 2677,
HOUSE BILL NO. 2678,
ENGROSSED HOUSE BILL NO. 2679,
SUBSTITUTE HOUSE BILL NO. 2685,
SUBSTITUTE HOUSE BILL NO. 2693,
HOUSE BILL NO. 2694,
SUBSTITUTE HOUSE BILL NO. 2709,
ENGROSSED HOUSE BILL NO. 2712,
SUBSTITUTE HOUSE BILL NO. 2727,
SUBSTITUTE HOUSE BILL NO. 2738,
HOUSE BILL NO. 2749,
SECOND SUBSTITUTE HOUSE BILL NO. 2761,
SUBSTITUTE HOUSE BILL NO. 2764,
ENGROSSED HOUSE BILL NO. 2776,
HOUSE BILL NO. 2791,
HOUSE BILL NO. 2809,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2816,
HOUSE BILL NO. 2841,
HOUSE BILL NO. 2851,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2872,
HOUSE BILL NO. 2893,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2906,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4026,
ENGROSSED HOUSE JOINT MEMORIAL NO. 4031,
SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4214,
HOUSE CONCURRENT RESOLUTION NO. 4429,
HOUSE CONCURRENT RESOLUTION NO. 4431.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
Under the provisions of Senate Concurrent Resolution No. 8429, the House returned the following Senate Bills to the Senate:
SUBSTITUTE SENATE BILL NO. 5016,
ENGROSSED SENATE BILL NO. 5020,
SENATE BILL NO. 5071,
ENGROSSED SENATE BILL NO. 5155,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5180,
SECOND SUBSTITUTE SENATE BILL NO. 5319,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5329,
SENATE BILL NO. 5509,
SECOND SUBSTITUTE SENATE BILL NO. 5579,
ENGROSSED SENATE BILL NO. 5603,
SENATE BILL NO. 5871,
SUBSTITUTE SENATE BILL NO. 6004,
SENATE BILL NO. 6005,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6009,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6013,
SUBSTITUTE SENATE BILL NO. 6016,
SENATE BILL NO. 6022,
SENATE BILL NO. 6027,
SUBSTITUTE SENATE BILL NO. 6029,
SUBSTITUTE SENATE BILL NO. 6032,
SUBSTITUTE SENATE BILL NO. 6033,
SENATE BILL NO. 6040,
SENATE BILL NO. 6041,
SUBSTITUTE SENATE BILL NO. 6046,
SUBSTITUTE SENATE BILL NO. 6051,
SUBSTITUTE SENATE BILL NO. 6052,
SENATE BILL NO. 6054,
SENATE BILL NO. 6060,
SUBSTITUTE SENATE BILL NO. 6066,
SUBSTITUTE SENATE BILL NO. 6086,
SUBSTITUTE SENATE BILL NO. 6087,
SENATE BILL NO. 6092,
SUBSTITUTE SENATE BILL NO. 6094,
SENATE BILL NO. 6095,
SUBSTITUTE SENATE BILL NO. 6103,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6110
ENGROSSED SUBSTITUTE SENATE BILL NO. 6120,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6121,
SECOND SUBSTITUTE SENATE BILL NO. 6136,
SENATE BILL NO. 6150,
SENATE BILL NO. 6151,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6153,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6157,
SUBSTITUTE SENATE BILL NO. 6163,
SUBSTITUTE SENATE BILL NO. 6164,
SUBSTITUTE SENATE BILL NO. 6170,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6171,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6172,
SENATE BILL NO. 6173,
SUBSTITUTE SENATE BILL NO. 6182,
SENATE BILL NO. 6185,
SENATE BILL NO. 6187,
SUBSTITUTE SENATE BILL NO. 6197,
ENGROSSED SENATE BILL NO. 6199,
SECOND SUBSTITUTE SENATE BILL NO. 6206,
SUBSTITUTE SENATE BILL NO. 6209,
SUBSTITUTE SENATE BILL NO. 6213,
SUBSTITUTE SENATE BILL NO. 6218,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6219,
SENATE BILL NO. 6229,
SUBSTITUTE SENATE BILL NO. 6231,
SENATE BILL NO. 6232,
ENGROSSED SENATE BILL NO. 6242,
SENATE BILL NO. 6249,
SENATE BILL NO. 6250,
SENATE BILL NO. 6265,
SECOND SUBSTITUTE SENATE BILL NO. 6271,
SUBSTITUTE SENATE BILL NO. 6273,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291,
SUBSTITUTE SENATE BILL NO. 6295,
SENATE BILL NO. 6297,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6303,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6309,
SENATE BILL NO. 6311,
SUBSTITUTE SENATE BILL NO. 6315,
SUBSTITUTE SENATE BILL NO. 6316,
SUBSTITUTE SENATE BILL NO. 6332,
ENGROSSED SENATE BILL NO. 6333,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6357,
SUBSTITUTE SENATE BILL NO. 6368,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6370,
SENATE BILL NO. 6373,
SUBSTITUTE SENATE BILL NO. 6375,
SUBSTITUTE SENATE BILL NO. 6380,
SUBSTITUTE SENATE BILL NO. 6384,
SUBSTITUTE SENATE BILL NO. 6387,
SUBSTITUTE SENATE BILL NO. 6401,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6407,
ENGROSSED SENATE BILL NO. 6411,
SENATE BILL NO. 6458,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6467,
SUBSTITUTE SENATE BILL NO. 6507,
SENATE BILL NO. 6520,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6523,
SENATE BILL NO. 6542,
SUBSTITUTE SENATE BILL NO. 6557,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6566,
SENATE BILL NO. 6568,
ENGROSSED SENATE BILL NO. 6572,
SUBSTITUTE SENATE BILL NO. 6600,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6608,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8031,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400,
SENATE CONCURRENT RESOLUTION NO. 8423,
SENATE CONCURRENT RESOLUTION NO. 8426, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
Under the provisions of Senate Concurrent Resolution No. 8429, the House returned the following Senate Bill to the Senate:
ENGROSSED SENATE BILL NO. 6480, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTIONS
On motion of Senator Spanel, the following Senate Bills, which were on the second reading calendar, were returned to the Committee on Rules: Senate Bill No. 6043, Senate Bill No. 6174, Senate Bill No. 6344, Senate Concurrent Resolution No. 8404 and Senate Concurrent Resolution No. 8421.
On motion of Senator Spanel, Second Substitute Senate Bill No. 6347, which was on the third reading calendar, was returned to the Committee on Rules.
MESSAGE FROM THE HOUSE
March 10, 1994
MR. PRESIDENT:
The Speaker has signed
SENATE CONCURRENT RESOLUTION NO. 8429,
SENATE CONCURRENT RESOLUTION NO. 8430, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate Journal for the sixtieth day of the 1994 Regular Session of the fifty-third Legislature was approved.
MOTION
At 1:49 a.m., on motion of Senator Spanel, the 1994 Regular Session of the Fifty-third Legislature adjourned Sine Die.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate