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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:


"PART I - DUI PENALTIES


       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.


PART V - IMPLIED CONSENT


       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.


PART VI - DRIVING RECORDS


       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))


PART IX - INTERLOCK


       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.

PART X - MISCELLANEOUS


       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.


PART XI - TECHNICAL


       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:

FOR THE MILITARY DEPARTMENT

       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. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .&#