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EIGHTY-SECOND DAY

__________


AFTERNOON SESSION


__________


House Chamber, Olympia, Friday, March 31, 1995


             The House was called to order at 1:30 p.m. by the Speaker (Representative Horn presiding).


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


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


REPORTS OF STANDING COMMITTEES


March 28, 1995

ESB 5011         Prime Sponsor, Owen: Concerning specialized forest product permits. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 76.48.020 and 1992 c 184 s 1 are each amended to read as follows:

             Unless otherwise required by the context, as used in this chapter:

             (1) "Christmas trees" ((shall)) means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species.

             (2) "Native ornamental trees and shrubs" ((shall)) means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.

             (3) "Cut or picked evergreen foliage," commonly known as brush, ((shall)) means evergreen boughs, huckleberry, salal, fern, Oregon grape, mosses, bear grass, rhododendron, and other cut or picked evergreen products. "Cut or picked evergreen foliage" does not mean cones or seeds.

             (4) "Cedar products" ((shall)) means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length.

             (5) "Cedar salvage" ((shall)) means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government.

             (6) "Processed cedar products" ((shall)) means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, ((or)) rails((;)), or rounds less than one foot in length.

             (7) "Cedar processor" ((shall)) means any person who purchases ((and/or)), takes, or retains possession of cedar products or cedar salvage((,)) for later sale in the same or modified form((,)) following ((their)) removal and delivery from the land where harvested.

             (8) "Cascara bark" ((shall)) means the bark of a Cascara tree.

             (9) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means.

             (10) "Specialized forest products" ((shall)) means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark.

             (11) "Person" ((shall)) includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.

             (12) "Harvest" ((shall)) means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection ((with)) or contact with the land or vegetation upon which it ((was or has been)) is or was growing((,)) or (b) from the position in which it ((has been)) is lying upon ((such)) the land.

             (13) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site((, including but not limited to conveyance by a motorized vehicle designed for use on improved roadways, or by vessel, barge, raft, or other waterborne conveyance. "Transportation" also means any conveyance of specialized forest products by helicopter)) by any means.

             (14) "Landowner" means, with regard to ((any)) real property, the private owner ((thereof)), the state of Washington or any political subdivision ((thereof)), the federal government, or ((any)) a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at ((any)) a public or private timber sale.

             (15) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees((,)) which ((form)) contains the information required by RCW 76.48.080, ((and)) a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.

             (16) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.

             (17) "Specialized forest products permit" ((shall)) means a printed document in a form specified by the department of natural resources, or true copy thereof, that is signed by a landowner or his ((duly)) or her authorized agent or representative (((herein)), referred to in this chapter as "permittors"((),)) and validated by the county sheriff((, authorizing)) and authorizes a designated person (((herein)), referred to in this chapter as "permittee"(())), who ((shall)) has also ((have)) signed the permit, to harvest ((and/or)) and transport a designated specialized forest product from land owned or controlled and specified by the permittor((,)) and that is located in the county where ((such)) the permit is issued.

             (18) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff's office or an agent of the office.

             (19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee's copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the permittee or the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a true copy by so indicating in the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof.

             (20) "Permit area" means a designated tract of land that may contain single or multiple harvest sites.


             Sec. 2. RCW 76.48.030 and 1979 ex.s. c 94 s 2 are each amended to read as follows:

             It ((shall be)) is unlawful for any person to:

             (1) Harvest specialized forest products as described in RCW 76.48.020, in the quantities specified in RCW 76.48.060, without first obtaining a validated specialized forest products permit;

             (2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or

             (3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.060, as now or hereafter amended, without first obtaining permission from the landowner or his or her duly authorized agent or representative.


             Sec. 3. RCW 76.48.040 and 1994 c 264 s 51 are each amended to read as follows:

             Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, ((authorized personnel of the United States forest service,)) and authorized personnel of the ((departments of natural resources and)) department of fish and wildlife. Primary enforcement responsibility lies in the county sheriffs and their deputies.


             Sec. 4. RCW 76.48.050 and 1979 ex.s. c 94 s 4 are each amended to read as follows:

             Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:

             (1) The date of its execution and expiration;

             (2) The name, address, telephone number, if any, and signature of the permittor;

             (3) The name, address, telephone number, if any, and signature of the permittee;

             (4) The type of specialized forest products to be harvested or transported;

             (5) The approximate amount or volume of specialized forest products to be harvested or transported;

             (6) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington;

             (7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;

             (8) At the discretion of the county sheriff, the person's driver's license number or other valid picture identification number; and

             (9) Any other condition or limitation which the permittor may specify.

             Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the permittee and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site.


             Sec. 5. RCW 76.48.060 and 1992 c 184 s 2 are each amended to read as follows:

             A specialized forest products permit validated by the county sheriff shall be obtained by ((any)) a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than three United States gallons of a single species of wild edible mushroom and ((not)) more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a permittee harvests specialized forest products. A properly completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form and the sheriff may conduct ((such)) other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of ((such)) the information, the form shall be validated with the sheriff's validation stamp ((provided by the department of natural resources)). Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession ((and/or)), or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the permit. In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit.


             Sec. 6. RCW 76.48.070 and 1992 c 184 s 3 are each amended to read as follows:

             (1) Except as provided in RCW 76.48.100 and 76.48.075, it ((shall be)) is unlawful for any person (a) to possess, ((and/or)) (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than three gallons of a single species of wild edible mushrooms and ((not)) more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported.

             (2) It ((shall be)) is unlawful for any person either (a) to possess ((and/or)), (b) to transport, or (c) to possess and transport within the state of Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported.


             Sec. 7. RCW 76.48.075 and 1979 ex.s. c 94 s 15 are each amended to read as follows:

             (1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person's own property, without: (a) First acquiring and having readily available for inspection a document indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section.

             (2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request.

             (3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter.

             (4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state.

             (5) A cedar processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other document indicating the true origin of the specialized forest products as being outside the state. The cedar processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW 76.48.094.

             (6) If, ((pursuant to)) under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined.


             Sec. 8. RCW 76.48.096 and 1979 ex.s. c 94 s 10 are each amended to read as follows:

             It ((shall be)) is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar salvage subsequent to the harvesting and prior to the retail sale of ((such)) the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof((, which)) that appears to be valid, or obtains the information ((pursuant to)) under RCW 76.48.075(5).


             Sec. 9. RCW 76.48.098 and 1979 ex.s. c 94 s 11 are each amended to read as follows:

             Every cedar processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue ((pursuant to)) under RCW 82.32.030 at each location where ((such)) the processor receives cedar products or cedar salvage.

             Permittees shall sell cedar products or cedar salvage only to cedar processors displaying registration certificates which appear to be valid.


             Sec. 10. RCW 76.48.100 and 1979 ex.s. c 94 s 12 are each amended to read as follows:

             The provisions of this chapter ((shall)) do not apply to:

             (1) Nursery grown products.

             (2) Logs (except as included in the definition of "cedar salvage" under RCW 76.48.020), poles, pilings, or other major forest products from which substantially all of the limbs and branches have been removed, and cedar salvage when harvested concurrently with timber stands (a) under an approved forest practices application or notification, or (b) under a contract or permit issued by an agency of the United States government.

             (3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements on or in connection with the land of ((such)) the landowner or lessee.


             Sec. 11. RCW 76.48.110 and 1979 ex.s. c 94 s 13 are each amended to read as follows:

             Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any ((such)) specialized forest products found. The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the period of litigation or he or she shall dispose of ((such)) the specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear.

             Upon any disposition of the case by the court, the court shall make a reasonable effort to return the specialized forest products to ((their)) its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of ((such)) the sale to the rightful owner. If for any reason, the proceeds of ((such)) the sale cannot be disposed of to the rightful owner, ((such)) the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.


             Sec. 12. RCW 76.48.120 and 1979 ex.s. c 94 s 14 are each amended to read as follows:

             It ((shall be)) is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen.

             Any person who knowingly or intentionally violates this section ((shall be)) is guilty of forgery, and shall be punished as a class C felony providing for imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both ((such)) imprisonment and fine.

             Whenever any law enforcement officer reasonably suspects that a specialized forest products permit or true copy thereof, authorization, sales invoice, or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified.


             Sec. 13. RCW 76.48.130 and 1977 ex.s. c 147 s 10 are each amended to read as follows:

             ((Any)) A person who violates ((any)) a provision of this chapter, other than the provisions contained in RCW 76.48.120, as now or hereafter amended, ((shall be)) is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by both ((such)) a fine and imprisonment.


             NEW SECTION. Sec. 14. A new section is added to chapter 76.48 RCW to read as follows:

             Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holder's name; and (4) the amount of forest product purchased. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials.

             The buyer of specialized forest products must record the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.

             This section shall not apply to buyers of specialized forest products at the retail sales level.


             NEW SECTION. Sec. 15. A new section is added to chapter 76.48 RCW to read as follows:

             County sheriffs may contract with other entities to serve as authorized agents to validate specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs' departments.


             NEW SECTION. Sec. 16. A new section is added to chapter 76.48 RCW to read as follows:

             Records of buyers of specialized forest products collected under the requirements of section 14 of this act may be made available to colleges and universities for the purpose of research.


             NEW SECTION. Sec. 17. A new section is added to chapter 76.48 RCW to read as follows:

             Minority groups have long been participants in the specialized forest products industry. The legislature encourages agencies serving minority communities, community-based organizations, refugee centers, social service agencies, agencies and organizations with expertise in the specialized forest products industry, and other interested groups to work cooperatively to accomplish the following purposes:

             (1) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products;

             (2) To hold clinics to teach techniques for effective picking; and

             (3) To work with both minority and nonminority permittees in order to protect resources and foster understanding between minority and nonminority permittees.

             To the extent practicable within their existing resources, the commission on Asian-American affairs, the commission on Hispanic affairs, and the department of natural resources are encouraged to coordinate this effort.


             NEW SECTION. Sec. 18. RCW 76.48.092 and 1979 ex.s. c 94 s 8 & 1977 ex.s. c 147 s 14 are each repealed.


             NEW SECTION. Sec. 19. 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."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Pennington, Vice Chairman; Stevens and B. Thomas.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Regala, Romero, Sheldon and Thompson.

             Voting Nay: Representatives Pennington, Stevens and B. Thomas.


             Passed to Committee on Rules for second reading.


March 28, 1995

SSB 5012          Prime Sponsor, Committee on Natural Resources: Revising the fee for transfer of fishery licenses. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 75.28.011 and 1993 sp.s. c 17 s 34 are each amended to read as follows:

             (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.

             (2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:

             (a) The license holder shall surrender the previously issued license to the department.

             (b) The department shall complete no more than one transfer of the license in any seven-day period.

             (c) The fee to transfer a license from one license holder to another is:

             (i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW; ((or))

             (ii) Three and one-half times the resident renewal fee if the license is limited under chapter 75.30 RCW. However, this subsection (2)(c)(ii) does not apply to any commercial salmon license; or

             (((d))) (iii) If a license is transferred from a resident to a nonresident, ((the transferee shall pay)) the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee.

             (3) A commercial license that is transferable under this title survives the death of the holder. Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens. The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license. There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 75.28.011."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Romero; Sheldon; Stevens; B. Thomas and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representative Jacobsen.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Voting Nay: Representative Jacobsen.


             Referred to Committee on Finance.


March 28, 1995

SSB 5013          Prime Sponsor, Committee on Natural Resources: Excluding all species of tuna, mackerel, and jack from the definitions of food fish and enhanced food fish. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 1, after line 4, strike all of section 1


             On page 4, after line 35, strike all of section 3


             On page 1, line 2 of the title, after "fish;" strike the remainder of the title and insert "and amending RCW 82.27.010."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens and Thompson.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Pennington, Vice Chairman; and B. Thomas.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Regala, Romero, Sheldon, Stevens and Thompson.

             Voting Nay: Representatives Pennington and B. Thomas.


             Referred to Committee on Finance.


March 28, 1995

SSB 5017          Prime Sponsor, Committee on Natural Resources: Establishing commercial fishery license fee and renewal provisions for years with no fishing season. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 75.28 RCW to read as follows:

             If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the department shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.


             NEW SECTION. Sec. 2. A new section is added to chapter 75.30 RCW to read as follows:

             (1) The department shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 75.28 RCW is valid, no harvest opportunity occurs in the fishery corresponding to the license.

             (2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the department during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "adding a new section to chapter 75.28 RCW; and adding a new section to chapter 75.30 RCW."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 30, 1995

SB 5029            Prime Sponsor, Hargrove: Modifying membership and duties of children's services advisory committee. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 3, line 3, after "thereto." strike all material through "community.))" on line 6, and insert "At ((least one-third of the membership shall be composed of child care providers, and at)) least one member shall represent the adoption community.


             Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Thibaudeau, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Boldt; Buck; Carrell and Tokuda.


             Voting Yea: Representatives Boldt, Brown, Buck, Carrell, Cooke, Lambert, Stevens, Thibaudeau and Tokuda.

             Excused: Representative Patterson.


             Passed to Committee on Rules for second reading.


March 30, 1995

SB 5032            Prime Sponsor, Hargrove: Modifying adoption support provisions. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 1, strike line 6, and insert "At least ((annually)) once every five years, the secretary shall review the"


             Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Thibaudeau, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Boldt; Buck; Carrell and Tokuda.


             Voting Yea: Representatives Boldt, Brown, Buck, Carrell, Cooke, Lambert, Stevens, Thibaudeau and Tokuda.

             Excused: Representative Patterson.


             Passed to Committee on Rules for second reading.


March 28, 1995

E2SSB 5064     Prime Sponsor, Committee on Ways & Means: Revising the regional fisheries enhancement program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 75.50 RCW to read as follows:

             The legislature finds that:

             (1) Regional enhancement groups are a valuable resource for anadromous fish recovery. They improve critical fish habitat and directly contribute to anadromous fish populations through fish restoration technology.

             (2) Due to a decrease in recreational and commercial salmon license sales, regional enhancement groups are receiving fewer financial resources at a time when recovery efforts are needed most.

             (3) To maintain regional enhancement groups as an effective enhancement resource, technical assets of state agencies must be coordinated and utilized to maximize the financial resources of regional enhancement groups and overall fish recovery efforts.


             NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows:

             The department's habitat division shall work with cities, counties, and regional fisheries enhancement groups to develop a program to identify and expedite the removal of human-made or caused impediments to anadromous fish passage. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.

             A report on the progress of impediment identification and removal and the need for any additional legislative action shall be submitted to the senate and the house of representatives natural resources committees no later than January 1, 1996.


             NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows:

             To maximize available state resources, the department and the department of transportation shall work in partnership with the regional fisheries enhancement group advisory board to identify cooperative projects to eliminate fish passage barriers caused by state roads and highways. The advisory board may provide input to the department to aid in identifying priority barrier removal projects that can be accomplished with the assistance of regional fisheries enhancement groups. The department of transportation shall provide engineering and other technical services to assist regional fisheries enhancement groups with fish passage barrier removal projects, provided that the barrier removal projects have been identified as a priority by the department of fish and wildlife and the department of transportation has received an appropriation to continue the fish barrier removal program.


             NEW SECTION. Sec. 4. A new section is added to chapter 90.58 RCW to read as follows:

             A regional fisheries enhancement group or cooperative group project that is primarily designed to improve fish habitat or fish passage; has been approved by the department of fish and wildlife; has been given or is qualified to be given a hydraulic permit; and has been determined by local government to not substantially affect other concerns of this chapter is exempt from the permitting requirements of this chapter. A letter of exemption must be obtained from the local government, which shall be provided in a timely manner.


             Sec. 5. RCW 75.50.110 and 1990 c 58 s 4 are each amended to read as follows:

             (1) A regional fisheries enhancement group advisory board is established to make recommendations to the director. ((The advisory board shall make recommendations regarding regional enhancement group rearing project proposals and funding of those proposals.)) The members shall be appointed by the director and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. At least two of the advisory board members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement advisory board. The advisory board shall meet at least quarterly. All meetings of the advisory board shall be open to the public under the open public meetings act, chapter 42.30 RCW.

             The department shall invite the advisory board to comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.

             (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (3) The department may use account funds to provide agency assistance to the groups, to provide professional, administrative or clerical services to the advisory board, or to implement the training and technical services plan as developed by the advisory board pursuant to section 6 of this act. The level of account funds used by the department shall be determined by the director after review ((and)) of recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.


             NEW SECTION. Sec. 6. A new section is added to chapter 75.50 RCW to read as follows:

             (1) The regional fisheries enhancement group advisory board shall:

             (a) Assess the training and technical assistance needs of the regional fisheries enhancement groups;

             (b) Develop a training and technical assistance services plan in order to provide timely, topical technical assistance and training services to regional fisheries enhancement groups. The plan shall be provided to the director and to the senate and house of representatives natural resources committees no later than October 1, 1995, and shall be updated not less than every year. The advisory board shall provide ample opportunity for the public and interested parties to participate in the development of the plan. The plan shall include but is not limited to:

             (i) Establishment of an information clearinghouse service that is readily available to regional fisheries enhancement groups. The information clearinghouse shall collect, collate, and make available a broad range of information on subjects that affect the development, implementation, and operation of diverse fisheries and habitat enhancement projects. The information clearinghouse service may include periodical news and informational bulletins;

             (ii) An ongoing program in order to provide direct, on-site technical assistance and services to regional fisheries enhancement groups. The advisory board shall assist regional fisheries enhancement groups in soliciting federal, state, and local agencies, tribal governments, institutions of higher education, and private business for the purpose of providing technical assistance and services to regional fisheries enhancement group projects; and

             (iii) A cost estimate for implementing the plan;

             (c) Propose a budget to the director for operation of the advisory board and implementation of the technical assistance plan;

             (d) Make recommendations to the director regarding regional enhancement group project proposals and funding of those proposals; and

             (e) Establish criteria for the redistribution of unspent project funds for any regional enhancement group that has a year ending balance exceeding one hundred thousand dollars.

             (2) The regional fisheries enhancement group advisory board may:

             (a) Facilitate resolution of disputes between regional fisheries enhancement groups and the department;

             (b) Promote community and governmental partnerships that enhance the salmon resource and habitat;

             (c) Promote environmental ethics and watershed stewardship;

             (d) Advocate for watershed management and restoration;

             (e) Coordinate regional fisheries enhancement group workshops and training;

             (f) Monitor and evaluate regional fisheries enhancement projects;

             (g) Provide guidance to regional fisheries enhancement groups; and

             (h) Develop recommendations to the director to address identified impediments to the success of regional fisheries enhancement groups.


             Sec. 7. RCW 75.50.120 and 1990 c 58 s 5 are each amended to read as follows:

             The department and the regional fisheries enhancement group advisory board shall report biennially to the senate ((environment and natural resources committee,)) and the house of representatives ((fisheries and wildlife)) natural resources committees, the senate ways and means committee and house of representatives fiscal committees, or any successor committees beginning October 1, 1991. The report shall include but not be limited to the following:

             (1) An evaluation of enhancement efforts;

             (2) A description of projects;

             (3) A region by region accounting of financial contributions and expenditures including the enhancement group account funds; ((and))

             (4) Volunteer participation and member affiliation, including an inventory of volunteer hours dedicated to the program;

             (5) An evaluation of technical assistance training efforts and agency participation;

             (6) Identification of impediments to regional fisheries enhancement group success; and

             (7) Suggestions for legislative action that would further the enhancement of salmonid resources.


             Sec. 8. RCW 75.50.100 and 1993 sp.s. c 17 s 11 and 1993 c 340 s 53 are each reenacted and amended to read as follows:

             The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             A surcharge of one dollar shall be collected on each recreational personal use food fish license sold in the state. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses. This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts. The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

             All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. Revenue from any enhancement group's sale of salmon carcasses and eggs conducted pursuant to section 9 of this act shall also be deposited in the regional fisheries enhancement group account. The director shall adopt rules to implement this section pursuant to chapter 34.05 RCW.


             NEW SECTION. Sec. 9. A new section is added to chapter 75.50 RCW to read as follows:

             The department shall establish a hatchery egg and carcass take program for projects conducted by regional fisheries enhancement groups. Under the program, salmon that have returned to the hatchery of a regional fisheries enhancement group, and the eggs from those salmon, may be sold by the group in accordance with rules established by the department. All proceeds from sales of salmon eggs and carcasses that return to group facilities shall be deposited in the dedicated regional fisheries enhancement group account for reallocation to the regional fisheries enhancement group or groups sponsoring the project.

             Prior to engaging in salmon egg sales under this program, the regional fisheries enhancement group shall ensure that all on-station needs are fulfilled and that the eggs are made available for other appropriate department or tribal hatchery needs, or other group projects.

             The department, in consultation with the regional fisheries enhancement group advisory board, shall develop rules in accordance with chapter 34.05 RCW for the purpose of implementing this section. The rules shall include the following:

             (1) Requirements for conducting sales under the program;

             (2) Accounting procedures for tracking sales;

             (3) Provisions for ensuring compliance with the wild salmonid policy established under RCW 75.28.760; and

             (4) Provisions for reallocating proceeds generated under this section to the regional fisheries enhancement group or groups sponsoring the project that generated the proceeds.


             NEW SECTION. Sec. 10. A new section is added to chapter 75.50 RCW to read as follows:

             The department shall coordinate with the regional fisheries enhancement group advisory board to field test coho and chinook salmon remote site incubators. The purpose of field testing efforts shall be to gather conclusive scientific data on the effectiveness of coho and chinook remote site incubators.


             NEW SECTION. Sec. 11. 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. 12. 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 "program;" strike the remainder of the title and insert "amending RCW 75.50.110 and 75.50.120; reenacting and amending RCW 75.50.100; adding new sections to chapter 75.50 RCW; adding a new section to chapter 90.58 RCW; and declaring an emergency."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Referred to Committee on Appropriations.


March 29, 1995

SSB 5088          Prime Sponsor, Committee on Law & Justice: Revising the law relating to sexual predators. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 71.09.020 and 1992 c 145 s 17 are each amended to read as follows:

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

             (1) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

             (2) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

             (3) "Likely to engage in predatory acts of sexual violence" means that the person more probably than not will engage in such acts. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

             (4) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.

             (((4))) (5) "Recent overt act" means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.

             (6) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to chapter 71.09 RCW, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

             (7) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.

             (8) "Secretary" means the secretary of social and health services or his or her designee.


             Sec. 2. RCW 71.09.025 and 1992 c 45 s 3 are each amended to read as follows:

             (1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020(1), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where that person was charged, three months prior to:

             (i) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;

             (ii) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;

             (iii) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to RCW 10.77.090(3); or

             (iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.020(3).

             (b) The agency shall ((inform)) provide the prosecutor ((of)) with all relevant information including but not limited to the following information:

             (i) ((The person's name, identifying factors, anticipated future residence, and offense history; and)) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any such out-of-state department of corrections' records, if available;

             (ii) ((Documentation of institutional adjustment and any treatment received)) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

             (iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;

             (iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and

             (v) A current mental health evaluation or mental health records review.

             (2) This section applies to acts committed before, on, or after March 26, 1992.

             (3) The agency, its employees, and officials shall be immune from liability for any good-faith conduct under this section.

             (4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.


             Sec. 3. RCW 71.09.030 and 1992 c 45 s 4 are each amended to read as follows:

             When it appears that: (1) ((The term of total confinement of)) A person who at any time previously has been convicted of a sexually violent offense is about to ((expire, or has expired)) be released from total confinement on, before, or after July 1, 1990; (2) ((the term of total confinement of)) a person found to have committed a sexually violent offense as a juvenile is about to ((expire, or has expired)) be released from total confinement on, before, or after July 1, 1990; (3) a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial is about to be released, or has been released on, before, or after July 1, 1990, pursuant to RCW 10.77.090(3); ((or)) (4) a person who has been found not guilty by reason of insanity of a sexually violent offense is about to be released, or has been released on, before, or after July 1, 1990, pursuant to RCW 10.77.020(3), 10.77.110 (1) or (3), or 10.77.150; or (5) a person who at any time previously has been convicted of a sexually violent offense and has since been released from total confinement and has committed a recent overt act; and it appears that the person may be a sexually violent predator, the prosecuting attorney of the county where the person was convicted or charged or the attorney general if requested by the prosecuting attorney may file a petition alleging that the person is a "sexually violent predator" and stating sufficient facts to support such allegation.


             Sec. 4. RCW 71.09.040 and 1990 c 3 s 1004 are each amended to read as follows:

             (1) Upon the filing of a petition under RCW 71.09.030, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the judge shall direct that the person be taken into custody ((and)).

             (2) Within seventy-two hours after a person is taken into custody pursuant to subsection (1) of this section, the court shall provide the person with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing, the court shall (a) verify the person's identity, and (b) determine whether probable cause exists to believe that the person is a sexually violent predator. At the probable cause hearing, the state may rely upon the petition and certification for determination of probable cause filed pursuant to RCW 71.09.030. The state may supplement this with additional documentary evidence or live testimony.

             (3) At the probable cause hearing, the person shall have the following rights in addition to the rights previously specified: (a) To be represented by counsel; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses who testify against him or her; (d) to view and copy all petitions and reports in the court file.

             (4) If the probable cause determination is made, the judge shall direct that the person ((shall)) be transferred to an appropriate facility for an evaluation as to whether the person is a sexually violent predator. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination pursuant to rules developed by the department of social and health services. In adopting such rules, the department of social and health services shall consult with the department of health and the department of corrections. In no event shall the person be released from confinement prior to trial.


             Sec. 5. RCW 71.09.050 and 1990 c 3 s 1005 are each amended to read as follows:

             (1) Within forty-five days after the ((filing of a petition pursuant to RCW 71.09.030)) completion of any hearing held pursuant to RCW 71.09.040, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist him or her. The person shall be confined in a secure facility for the duration of the trial.

             (2) Whenever any person is subjected to an examination under this chapter, he or she may retain experts or professional persons to perform an examination on their behalf. When the person wishes to be examined by a qualified expert or professional person of his or her own choice, such examiner shall be permitted to have reasonable access to the person for the purpose of such examination, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall, upon the person's request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person's behalf.

             (3) The person, the prosecuting attorney or attorney general, or the judge shall have the right to demand that the trial be before a twelve-person jury. If no demand is made, the trial shall be before the court.


             Sec. 6. RCW 71.09.060 and 1990 1st ex.s. c 12 s 4 are each amended to read as follows:

             (1) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. When the determination is made by a jury, the verdict must be unanimous.

             If, on the date that the petition is filed, the person was living in the community after release from custody, the state must also prove beyond a reasonable doubt that the person had committed a recent overt act. If the state alleges that the prior sexually violent offense that forms the basis for the petition for commitment was an act that was sexually motivated as provided in RCW 71.09.020(((4)))(6)(c), the state must prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated as defined in RCW 9.94A.030. If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the department of social and health services for placement in a secure facility operated by the department of social and health services for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe either (a) to be at large, or (b) to be released to a less restrictive alternative as set forth in section 10 of this act. ((Such control, care, and treatment shall be provided at a facility operated by the department of social and health services.)) If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release.

             (2) If the person charged with a sexually violent offense has been found incompetent to stand trial, and is about to or has been released pursuant to RCW 10.77.090(3), and his or her commitment is sought pursuant to subsection (1) of this section, the court shall first hear evidence and determine whether the person did commit the act or acts charged if the court did not enter a finding prior to dismissal under RCW 10.77.090(3) that the person committed the act or acts charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases shall apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, shall apply. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act or acts charged, the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on his or her own behalf, the extent to which the evidence could be reconstructed without the assistance of the person, and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, it shall enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this section.

             (3) The state shall comply with RCW 10.77.220 while confining the person pursuant to this chapter, except that during all court proceedings the person shall be detained in a secure facility. The facility shall not be located on the grounds of any state mental facility or regional habilitation center because these institutions are insufficiently secure for this population.


             Sec. 7. RCW 71.09.070 and 1990 c 3 s 1007 are each amended to read as follows:

             Each person committed under this chapter shall have a current examination of his or her mental condition made at least once every year. The annual report shall include consideration of whether conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community. The person may retain, or if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her, and such expert or professional person shall have access to all records concerning the person. The periodic report shall be provided to the court that committed the person under this chapter.


             Sec. 8. RCW 71.09.080 and 1990 c 3 s 1008 are each amended to read as follows:

             ((The involuntary detention or commitment of persons under this chapter shall conform to constitutional requirements for care and treatment.)) (1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter.

             (2) Any person committed pursuant to this chapter has the right to adequate care and individualized treatment. The department of social and health services shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations made pursuant to this chapter. All such records and reports shall be made available upon request only to: The committed person, his or her attorney, the prosecuting attorney, the court, the protection and advocacy agency, or another expert or professional person who, upon proper showing, demonstrates a need for access to such records.

             (3) At the time a person is taken into custody or transferred into a facility pursuant to a petition under this chapter, the professional person in charge of such facility or his or her designee shall take reasonable precautions to inventory and safeguard the personal property of the persons detained or transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person detained and shall, in addition, be open to inspection to any responsible relative, subject to limitations, if any, specifically imposed by the detained person. For purposes of this subsection, "responsible relative" includes the guardian, conservator, attorney, spouse, parent, adult child, or adult brother or sister of the person. The facility shall not disclose the contents of the inventory to any other person without consent of the patient or order of the court.

             (4) Nothing in this chapter prohibits a person presently committed from exercising a right presently available to him or her for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus.

             (5) No indigent person may be conditionally released or unconditionally discharged under this chapter without suitable clothing, and the secretary shall furnish the person with such sum of money as is required by RCW 72.02.100 for persons without ample funds who are released from correctional institutions. As funds are available, the secretary may provide payment to the indigent persons conditionally released pursuant to this chapter consistent with the optional provisions of RCW 72.02.100 and 72.02.110, and may adopt rules to do so.


             Sec. 9. RCW 71.09.090 and 1992 c 45 s 7 are each amended to read as follows:

             (1) If the secretary ((of the department of social and health services)) determines that the person's mental abnormality or personality disorder has so changed that the person is not likely to engage in predatory acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged, the secretary shall authorize the person to petition the court for conditional release to a less restrictive alternative or unconditional discharge. The petition shall be served upon the court and the prosecuting attorney. The court, upon receipt of the petition for conditional release to a less restrictive alternative or unconditional discharge, shall within forty-five days order a hearing. The prosecuting attorney or the attorney general, if requested by the county, shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of his or her choice. The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney or attorney general. The burden of proof shall be upon the prosecuting attorney or attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and that if conditionally released to a less restrictive alternative or unconditionally discharged is likely to engage in predatory acts of sexual violence.

             (2) Nothing contained in this chapter shall prohibit the person from otherwise petitioning the court for conditional release to a less restrictive alternative or unconditional discharge without the secretary's approval. The secretary shall provide the committed person with an annual written notice of the person's right to petition the court for conditional release to a less restrictive alternative or unconditional discharge over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall forward the notice and waiver form to the court with the annual report. If the person does not affirmatively waive the right to petition, the court shall set a show cause hearing to determine whether facts exist that warrant a hearing on whether the person's condition has so changed that he or she is safe to be ((at large)) conditionally released to a less restrictive alternative or unconditionally discharged. The committed person shall have a right to have an attorney represent him or her at the show cause hearing but the person is not entitled to be present at the show cause hearing. If the court at the show cause hearing determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is ((safe to be at large and is)) not likely to engage in predatory acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged, then the court shall set a hearing on the issue. At the hearing, the committed person shall be entitled to be present and to the benefit of all constitutional protections that were afforded to the person at the initial commitment proceeding. The prosecuting attorney or the attorney general if requested by the county shall represent the state and shall have a right to a jury trial and to have the committed person evaluated by experts chosen by the state. The committed person shall also have the right to have experts evaluate him or her on his or her behalf and the court shall appoint an expert if the person is indigent and requests an appointment. The burden of proof at the hearing shall be upon the state to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is ((not safe to be at large and if released is)) likely to engage in predatory acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged.

             (3) The jurisdiction of the court over a person civilly committed pursuant to this chapter continues until such time as the person is unconditionally discharged.


             NEW SECTION. Sec. 10. Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (1) The person will be treated by a treatment provider who is qualified to provide such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for such treatment and will report progress to the court on a regular basis, and will report violations immediately to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; (3) housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing to comply with supervision requirements imposed by the department of corrections.


             NEW SECTION. Sec. 11. (1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in section 10 of this act have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.

             (2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that the proposed less restrictive alternative is not in the best interests of respondent or will not adequately protect the community? Answer: Yes or No.


             NEW SECTION. Sec. 12. (1) If the court or jury determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community, and the court determines that the minimum conditions set forth in section 9 of this act are met, the court shall enter judgment and direct a conditional release.

             (2) The court shall impose any additional conditions necessary to ensure compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the person's compliance with treatment and protect the community, then the person shall be remanded to the custody of the department of social and health services for control, care, and treatment in a secure facility as designated in RCW 71.09.060(1).

             (3) If the service provider designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in a less restrictive alternative is other than the department of social and health services or the department of corrections, then the service provider so designated must agree in writing to provide such treatment.

             (4) Prior to authorizing any release to a less restrictive alternative, the court shall impose such conditions upon the person as are necessary to ensure the safety of the community. The court shall order the department of corrections to investigate the less restrictive alternative and recommend any additional conditions to the court. These conditions shall include, but are not limited to the following: Specification of residence, prohibition of contact with potential or past victims, prohibition of alcohol and other drug use, participation in a specific course of inpatient or outpatient treatment that may include monitoring by the use of polygraph and plethysmograph, supervision by a department of corrections community corrections officer, a requirement that the person remain within the state unless the person receives prior authorization by the court, and any other conditions that the court determines are in the best interest of the person or others. A copy of the conditions of release shall be given to the person and to any designated service providers.

             (5) Any service provider designated to provide inpatient or outpatient treatment shall monthly, or as otherwise directed by the court, submit to the court, to the department of social and health services facility from which the person was released, to the prosecutor of the county in which the person was found to be a sexually violent predator, and to the supervising community corrections officer, a report stating whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.

             (6) Each person released to a less restrictive alternative shall have his or her case reviewed by the court that released him or her no later than one year after such release and annually thereafter until the person is unconditionally discharged. Review may occur in a shorter time or more frequently, if the court, in its discretion on its own motion, or on motion of the person, the secretary, or the prosecuting attorney so determines. The sole question to be determined by the court is whether the person shall continue to be conditionally released to a less restrictive alternative. The court in making its determination shall be aided by the periodic reports filed pursuant to subsection (5) of this section and the opinions of the secretary and other experts or professional persons.


             NEW SECTION. Sec. 13. (1) Any service provider submitting reports pursuant to section 12(5) of this act, the supervising community corrections officer, the prosecuting attorney, or the attorney general may petition the court, or the court on its own motion may schedule an immediate hearing, for the purpose of revoking or modifying the terms of the person's conditional release to a less restrictive alternative if the petitioner or the court believes the released person is not complying with the terms and conditions of his or her release or is in need of additional care and treatment.

             (2) If the prosecuting attorney, the supervising community corrections officer, or the court, based upon information received by them, reasonably believes that a conditionally released person is not complying with the terms and conditions of his or her conditional release to a less restrictive alternative, the court or community corrections officer may order that the conditionally released person be apprehended and taken into custody until such time as a hearing can be scheduled to determine the facts and whether or not the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the person's apprehension. Both the prosecuting attorney and the conditionally released person shall have the right to request an immediate mental examination of the conditionally released person. If the conditionally released person is indigent, the court shall, upon request, assist him or her in obtaining a qualified expert or professional person to conduct the examination.

             (3) The court, upon receiving notification of the person's apprehension, shall promptly schedule a hearing. The issue to be determined is whether the state has proven by a preponderance of the evidence that the conditionally released person did not comply with the terms and conditions of his or her release. Hearsay evidence is admissible if the court finds it otherwise reliable. At the hearing, the court shall determine whether the person shall continue to be conditionally released on the same or modified conditions or whether his or her conditional release shall be revoked and he or she shall be committed to total confinement, subject to release only in accordance with provisions of this chapter.


             Sec. 14. RCW 71.09.110 and 1990 c 3 s 1011 are each amended to read as follows:

             The department of social and health services shall be responsible for all costs relating to the evaluation and treatment of persons committed to their custody whether in a secure facility or under a less restrictive alternative under any provision of this chapter. Reimbursement may be obtained by the department for the cost of care and treatment of persons committed to its custody whether in a secure facility or under a less restrictive alternative pursuant to RCW 43.20B.330 through 43.20B.370.


             Sec. 15. RCW 9A.76.120 and 1982 1st ex.s. c 47 s 24 are each amended to read as follows:

             (1) A person is guilty of escape in the second degree if:

             (a) He or she escapes from a detention facility; ((or))

             (b) Having been charged with a felony or an equivalent juvenile offense, he or she escapes from custody; or

             (c) Having been found to be a sexually violent predator and being under an order of conditional release, he or she leaves the state of Washington without prior court authorization.

             (2) Escape in the second degree is a class C felony.


             NEW SECTION. Sec. 16. In the event of an escape by a person committed under this chapter from a state institution or the disappearance of such a person while on conditional release, the superintendent or community corrections officer shall notify the following as appropriate: Local law enforcement officers, other governmental agencies, the person's relatives, and any other appropriate persons about information necessary for the public safety or to assist in the apprehension of the person.


             NEW SECTION. Sec. 17. (1) At the earliest possible date, and in no event later than thirty days before conditional release or unconditional discharge, except in the event of escape, the department of social and health services shall send written notice of conditional release, unconditional discharge, or escape, to the following:

             (a) The chief of police of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative;

             (b) The sheriff of the county in which the person will reside or in which placement will be made under a less restrictive alternative; and

             (c) The sheriff of the county where the person was last convicted of a sexually violent offense, if the department does not know where the person will reside.

             The department shall notify the state patrol of the release of all sexually violent predators and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.

             (2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific person found to be a sexually violent predator under this chapter:

             (a) The victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a person's spouse, parents, siblings, and children;

             (b) Any witnesses who testified against the person in his or her commitment trial under RCW 71.09.060; and

             (c) Any person specified in writing by the prosecuting attorney.

             Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the committed person.

             (3) If a person committed as a sexually violent predator under this chapter escapes from a department of social and health services facility, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the committed person resided immediately before his or her commitment as a sexually violent predator, or immediately before his or her incarceration for his or her most recent offense. If previously requested, the department shall also notify the witnesses and the victims of the sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

             (4) If the victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

             (5) The department of social and health services shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

             (6) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.


             NEW SECTION. Sec. 18. For purposes of sections 19 through 21 of this act:

             (1) "Escorted leave" means a leave of absence from a facility housing persons detained or committed pursuant to this chapter under the continuous supervision of an escort.

             (2) "Escort" means a correctional officer or other person approved by the superintendent or the superintendent's designee to accompany a resident on a leave of absence and be in visual or auditory contact with the resident at all times.

             (3) "Resident" means a person detained or committed pursuant to this chapter.


             NEW SECTION. Sec. 19. The superintendent of any facility housing persons detained or committed pursuant to this chapter may, subject to the approval of the secretary, grant escorted leaves of absence to residents confined in such institutions to:

             (1) Go to the bedside of the resident's wife, husband, child, mother or father, or other member of the resident's immediate family who is seriously ill;

             (2) Attend the funeral of a member of the resident's immediate family listed in subsection (1) of this section; and

             (3) Receive necessary medical or dental care which is not available in the institution.


             NEW SECTION. Sec. 20. A resident shall not be allowed to start a leave of absence under section 19 of this act until the secretary, or the secretary's designee, has notified any county and city law enforcement agency having jurisdiction in the area of the resident's destination.


             NEW SECTION. Sec. 21. (1) The secretary is authorized to adopt rules providing for the conditions under which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of absence. Leaves of absence granted to residents under section 19 of this act, however, shall not allow or permit any resident to go beyond the boundaries of this state.

             (2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted leave of absence, or the resident's family, for the actual costs incurred arising from any leave of absence granted under the authority of section 19 (1) and (2) of this act. No state funds shall be expended in connection with leaves of absence granted under section 19 (1) and (2) of this act unless the resident and the resident's immediate family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of absence.


             NEW SECTION. Sec. 22. RCW 71.09.100 and 1990 c 3 s 1010 are each repealed.


             NEW SECTION. Sec. 23. Sections 10 through 13 and 16 through 21 of this act are each added to chapter 71.09 RCW."


             On page 1, line 1 of the title, after "predators;" strike the remainder of the title and insert "amending RCW 71.09.020, 71.09.025, 71.09.030, 71.09.040, 71.09.050, 71.09.060, 71.09.070, 71.09.080, 71.09.090, 71.09.110, and 9A.76.120; adding new sections to chapter 71.09 RCW; repealing RCW 71.09.100; and prescribing penalties."


             Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representative Ballasiotes.


             Referred to Committee on Appropriations.


March 29, 1995

ESSB 5093       Prime Sponsor, Committee on Government Operations: Changing provisions relating to fire protection. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt,


             Passed to Committee on Rules for second reading.


March 28, 1995

SB 5108            Prime Sponsor, Snyder: Concerning the hunter education training program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Beeksma; Cairnes; Elliot; Sheldon; Stevens; B. Thomas and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Regala, Assistant Ranking Minority Member; G. Fisher; Jacobsen and Romero.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, Fuhrman, Pennington, Sheldon, Stevens, B. Thomas and Thompson.

             Voting Nay: Representatives G. Fisher, Jacobsen, Regala and Romero.


             Passed to Committee on Rules for second reading.


March 30, 1995

ESSB 5131       Prime Sponsor, Committee on Ecology & Parks: Revising account names and accounting procedures of the IAC. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 5, line 1, after "legislatures" strike "shall" and insert "((shall)) may"


             On page 5, line 7, after "disbursement." insert "The committee shall include a list of prioritized state agency projects to be funded from the recreation resource account with its biennial budget request."


             Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Chopp, Assistant Ranking Minority Member; Hankins; McMorris; Mitchell; Pennington; Regala; Silver; L. Thomas and Valle.


             Voting Yea: Representatives Hankins, Honeyford, Mitchell, Ogden, Pennington, Regala, Sehlin, Silver, L. Thomas and Valle.

             Excused: Representatives Chopp, Costa and McMorris.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5141          Prime Sponsor, Committee on Law & Justice: Revising provisions relating to offenses involving alcohol or drugs. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


"PART I - IMPLIED CONSENT AND ADMINISTRATIVE REVOCATION


             Sec. 1. RCW 46.20.308 and 1994 c 275 s 13 are each amended to read as follows:

             (1)(a) 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)) alcohol concentration or presence of any drug in 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 or any drug.

             (b) 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 if requested or signaled to stop by a law enforcement officer pursuant to RCW 46.20.309 (as recodified by this act) where, at the time of the stop, the officer has reasonable grounds to believe the person is under the age of twenty-one and had been driving or was in actual physical control of a motor vehicle while having alcohol in a concentration of 0.02 or more in his or her system.

             (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 or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration of 0.02 or more in his or her system and being under the age of twenty-one. 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)) or where the person is being treated ((for a medical condition)) in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, 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 license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test((, and (b) that));

             (b) His or her license, permit, or privilege to drive will be suspended, revoked, denied, or placed in probationary status and the person will be subject to possible criminal penalties if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is 0.10 or more, in the case of a person age twenty-one or over, or 0.02 in the case of a person under age twenty-one; and

             (c) 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 or is under detention for driving with alcohol in his or her system as provided in RCW 46.20.309 (as recodified by this act), which arrest or detention results from an accident in which there has been serious bodily injury to 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 or detained.

             (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 or detention and receipt of warnings under subsection (2) of this section, the person arrested or detained 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) If, after arrest or detention and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.10 or more if the person is age twenty-one or over, or is 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest or detention results in a test of the person's blood, shall:

             (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive as required by subsection (7) of this section;

             (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing. Within thirty days after the notice has been given, the person may, in writing, request a formal hearing as provided by subsection (8) of this section. If such request is made by mail it must be postmarked within thirty days after the notice has been given;

             (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

             (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or detention or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and

             (e) Immediately notify the department of the arrest or detention and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

             (i) That the officer had reasonable grounds to believe the arrested or detained person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both;

             (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

             (iii) Any other information that the director may require by rule.

             (7) 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)) or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, deny, or place in probationary status the person's license ((or)), permit, or privilege to drive or any nonresident operating privilege, as provided in section 3 of this act, such suspension, revocation, denial, or placement in probationary status to be effective beginning sixty days from the date of arrest or detention or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

             (((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.))

             (8) Upon timely receipt of ((such)) a request ((and such fee)) for a formal hearing, the department shall afford the person an opportunity for a hearing ((as provided in)). 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 the arrest or detention, 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 sixty days following the arrest or detention or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of ((such)) 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 under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system and was under the age of twenty-one, whether the person was placed under arrest, and (a) 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 license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person was age twenty-one or over at the time of the arrest, or was 0.02 or more if the person was under the age of twenty-one at the time of the arrest or detention. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the 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 or drugs, or both, or 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 and was under the age of twenty-one and that the officer complied with the requirements of this section.

             A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, denial, or placement in probationary status 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))) (9) If the suspension, revocation, denial, or placement in probationary status is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, denied, or placed in probationary status has the right to file a petition in the superior court of the county of arrest or detention to review the final order of revocation by the department in the same manner ((provided in RCW 46.20.334)) 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 plus an additional one hundred dollars to the department. The filing of the appeal does not stay the effective date of the suspension, revocation, denial, or placement in probationary status. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, denial, or placement in probationary status as expeditiously as possible. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court 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, denial, or placement in probationary status it may impose conditions on such stay.

             (10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, denied, or placed in probationary status under subsection (7) of this section, other than as a result of a breath test refusal, and who has not committed an offense within the last five years for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, denial, or placement in probationary status for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, denial, or placement in probationary status, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. 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, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

             A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, 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.

             (((9))) (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.


             Sec. 2. RCW 46.20.309 and 1994 c 275 s 10 are each amended 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. 3. A new section is added to chapter 46.20 RCW to read as follows:

             Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested or detained person's license, permit, or privilege to drive as follows:

             (1) In the case of a person who has refused a test or tests:

             (a) For a first refusal within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, revocation or denial for one year;

             (b) For a second or subsequent refusal within five years, or for a first refusal where there has been one or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.

             (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.10 or more:

             (a) For a first incident within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, placement in probationary status as provided in RCW 46.20.355;

             (b) For a second or subsequent incident within five years, revocation or denial for two years.

             (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was more than 0.02:

             (a) For a first incident within five years, suspension or denial for ninety days;

             (b) For a second or subsequent incident within five years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.


             Sec. 4. RCW 46.20.355 and 1994 c 275 s 8 are each amended 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)) receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under RCW 46.20.308, 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)) any Washington state driver's license that may be in his or her possession. The department shall revoke the license, permit, or privilege to drive of any person who fails to surrender it as required by this section for one year, unless the license has been previously surrendered to the department, a law enforcement officer, or a court, or the person has completed an affidavit of lost, stolen, destroyed, or previously surrendered license, such revocation to take effect thirty days after notice is given of the requirement for license surrender.

             (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 RCW 46.20.365 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.)) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060 or 46.20.308 for a period of five years from the date the probationary status is required to go into effect.

             (3) Following receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or following receipt of a sworn report under RCW 46.20.308 that requires immediate placement in probationary status under section 3(2)(a) of this act, the department shall require the person to obtain a probationary license in order to operate a motor vehicle in the state of Washington, except as otherwise exempt under RCW 46.20.025. The department shall not issue the probationary license unless the person is otherwise qualified for licensing, and the person must renew the probationary license on the same cycle as the person's regular license would have been renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.

             (4) For each original issue or ((reissue)) renewal of a probationary license under this section, the department ((may)) shall charge ((the)) a 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)) of fifty dollars in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the fifty-dollar fee if the person has a probationary license in his or her possession at the time a new probationary license is required.

             (((4))) (5) 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 46.20.365)). ((That)) The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.


PART II - CRIMINAL SANCTIONS


             NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW, to be codified between RCW 46.61.500 and 46.61.520, to read as follows:

             (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than 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:

             (i) 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

             (ii) 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

             (iii) 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. The court shall notify the department of licensing of the conviction and of any period of license, permit, or privilege suspension and shall notify the department of the person's completion of any such period of suspension; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason 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:

             (i) By imprisonment for not less than two days nor more than one year. Two consecutive days 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 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 period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

             (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than 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:

             (i) By imprisonment for not less than seven days nor more than one year. Seven days 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 revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason 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:

             (i) By imprisonment for not less than ten days nor more than one year. Ten days 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 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 suspension of any nonresident privilege to drive, for a period of four hundred fifty days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than 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:

             (i) By imprisonment for not less than ninety days nor more than one year. Ninety days 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 one thousand dollars nor more than five thousand dollars. One thousand 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 suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason 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:

             (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days 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 one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred 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 suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (4) 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.

             (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

             (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.

             (7)(a) A "prior offense" means any of the following:

             (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

             (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

             (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

             (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

             (v) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), or (iv) of this subsection if committed in this state; or

             (vi) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.

             (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.


             Sec. 6. RCW 46.61.5058 and 1994 c 139 s 1 are each amended to read as follows:

             (1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a ((previous conviction for violation of either RCW 46.61.502 or 46.61.504 or other similar municipal ordinance, and where the offense occurs within a five-year period of the previous conviction)) prior offense within five years as defined in section 5 of this act, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.

             (a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;

             (b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and

             (c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.

             (2) On ((a second or subsequent)) conviction for a violation of either RCW 46.61.502 or 46.61.504 or any similar municipal ordinance where ((such offense was committed within a five-year period of the previous conviction)) the person convicted has a prior offense within five years as defined in section 5 of this act, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.

             (3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

             (4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.

             (5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.

             (6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle.

             (7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1) (a) or (c) of this section.

             (8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.

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

             (10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.

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

             (12) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.

             (13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.

             (14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.


PART III - TECHNICAL AMENDMENTS


             Sec. 7. RCW 3.62.090 and 1994 c 275 s 34 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 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 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. 8. RCW 10.05.060 and 1994 c 275 s 17 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 RCW 46.20.355, 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 ten years from date of entry of the order granting deferred prosecution.


             Sec. 9. RCW 35.21.165 and 1994 c 275 s 36 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 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act.


             Sec. 10. RCW 36.32.127 and 1994 c 275 s 37 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 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act.


             Sec. 11. RCW 46.04.480 and 1994 c 275 s 38 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, ((46.61.5051, 46.61.5052, or 46.61.5053)) or section 5 of this act, and chapter 46.65 RCW the invalidation may last for a period other than one calendar year.


             Sec. 12. RCW 46.20.311 and 1994 c 275 s 27 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 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 or 46.20.308, 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. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. 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, or is the result of administrative action under RCW 46.20.308, 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 46.20.308 or 46.61.5052, 46.61.5053, or 46.20.365)) section 3 or 5 of this act; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) 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 RCW 46.20.365)), the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. 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. 13. RCW 46.20.391 and 1994 c 275 s 29 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 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 RCW 46.61.5052 or 46.61.5053.)) 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 committed ((of)) any (([committed 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 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; (ii) vehicular homicide under RCW 46.61.520; 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. 14. RCW 46.61.5054 and 1994 c 275 s 7 are each amended to read as follows:

             (1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and section 5 of this act thereafter, 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.

             (3) This section applies to any offense committed on or after July 1, 1993.


             Sec. 15. RCW 46.61.5056 and 1994 c 275 s 9 are each amended to read as follows:

             (1) A person subject to alcohol assessment and treatment under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 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 ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 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.


             Sec. 16. RCW 46.61.5151 and 1994 c 275 s 39 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 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act shall be served consecutively unless suspended or deferred as otherwise provided by law.


             Sec. 17. RCW 46.63.020 and 1994 c 275 s 33 and 1994 c 141 s 2 are each reenacted and 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 (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((, 46.61.5051, 46.61.5052, and 46.61.5053)) 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 46.61.527(4) relating to reckless endangerment of roadway workers;

             (39) RCW 46.61.530 relating to racing of vehicles on highways;

             (40) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

             (41) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

             (42) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

             (43) Chapter 46.65 RCW relating to habitual traffic offenders;

             (44) 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;

             (45) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

             (46) Chapter 46.80 RCW relating to motor vehicle wreckers;

             (47) Chapter 46.82 RCW relating to driver's training schools;

             (48) 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;

             (49) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.


             Sec. 18. RCW 46.04.015 and 1994 c 275 s 1 are each amended 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)) grams of alcohol per one hundred milliliters of a person's blood.


             Sec. 19. RCW 46.61.506 and 1994 c 275 s 26 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 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 or drug 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.


             NEW SECTION. Sec. 20. A new section is added to chapter 46.04 RCW to read as follows:

             "Reasonable grounds", when used in the context of a law enforcement officer's decision to make an arrest or take other enforcement action, means probable cause.


             NEW SECTION. Sec. 21. RCW 46.20.309 is recodified as a section in chapter 46.61 RCW.


             NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed:

             (1) RCW 46.20.365 and 1994 c 275 s 12;

             (2) RCW 46.61.5051 and 1994 c 275 s 4;

             (3) RCW 46.61.5052 and 1994 c 275 s 5; and

             (4) RCW 46.61.5053 and 1994 c 275 s 6.



             NEW SECTION. Sec. 23. 1994 c 275 s 44 (uncodified) is hereby repealed.


             NEW SECTION. Sec. 24. 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. 25. This act shall take effect September 1, 1995, except for sections 14 and 23 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


             On page 1, line 1 of the title, after "drugs;" strike the remainder of the title and insert "amending RCW 46.20.308, 46.20.309, 46.20.355, 46.61.5058, 3.62.090, 10.05.060, 35.21.165, 36.32.127, 46.04.480, 46.20.311, 46.20.391, 46.61.5054, 46.61.5056, 46.61.5151, 46.04.015, and 46.61.506; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.20 RCW; adding new sections to chapter 46.61 RCW; adding a new section to chapter 46.04 RCW; recodifying RCW 46.20.309; repealing RCW 46.20.365, 46.61.5051, 46.61.5052, and 46.61.5053; repealing 1994 c 275 s 44 (uncodified); prescribing penalties; providing an effective date; and declaring an emergency."


             Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Smith; Thibaudeau and Veloria.


             Voting Yea: Representatives Appelwick, Campbell, Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Robertson, Sheahan, Smith, Thibaudeau and Veloria.


             Passed to Committee on Rules for second reading.


March 28, 1995

2SSB 5157        Prime Sponsor, Committee on Ways & Means: Providing for conspicuous external marking of hatchery produced chinook salmon and coho salmon. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens and Thompson.

 

MINORITY recommendation: Without recommendation. Signed by Representative B. Thomas.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens and Thompson.

             Voting Nay: Representative B. Thomas.


             Referred to Committee on Appropriations.


March 30, 1995

SSB 5211          Prime Sponsor, Committee on Government Operations: Revising guidelines for receipt and expenditure of federal and private funds by local governments. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Vice Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Chopp, Assistant Ranking Minority Member; Hankins; McMorris; Mitchell; Pennington; Regala; Silver; L. Thomas and Valle.


             Voting Yea: Representatives Hankins, Honeyford, Mitchell, Ogden, Pennington, Regala, Sehlin, Silver, L. Thomas and Valle.

             Excused: Representatives Chopp, Costa and McMorris.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5251            Prime Sponsor, Rasmussen: Affecting the transportation authority of first class cities. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Chandler; Elliot; Hankins; Horn; Johnson; Koster; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives Backlund, Benton, Blanton, Brown, Cairnes, Elliot, R. Fisher, Hankins, Hatfield, Horn, McMahan, Mitchell, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, K. Schmidt and Tokuda.

             Excused: Representatives Buck, Chandler, Chopp, Johnson, Koster, Scott and Skinner.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5275            Prime Sponsor, Haugen: Affecting the consolidation of cities and towns. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 35.10.460 and 1985 c 281 s 9 are each amended to read as follows:

             ((Ballot titles on the questions shall be prepared as provided in RCW 35A.29.120.)) If a proposal for assumption of indebtedness is to be submitted to the voters of a city in which the indebtedness did not originate, the proposal shall be separately stated and the ballots shall contain, as a separate proposition to be voted on, the words "For Assumption of Indebtedness to be paid by the levy of annual property taxes in excess of regular property taxes" and "Against Assumption of Indebtedness to be paid by the levy of annual property taxes in excess of regular property taxes" or words equivalent thereto. If the question of the form or plan of government is to be submitted to the voters, the question shall be separately stated and the ballots shall contain, as a separate proposition to be voted on, the option of a voter to select one of the three forms or plans of government. If the question of the name of the proposed consolidated city is to be submitted to the voters, the question shall be separately stated and the ballots shall contain, as a separate proposition to be voted on, the option of a voter to select one of the names of the proposed consolidated city.


             Sec. 2. RCW 35.10.470 and 1985 c 281 s 10 are each amended to read as follows:

             The county canvassing board in each county involved shall canvass the returns in each election. The votes cast in each of such cities shall be canvassed separately, and the statement shall show the whole number of votes cast, the number of votes cast in each city for consolidation, and the number of votes cast in each city against such consolidation. If a proposal for assumption or indebtedness was voted upon in a city in which the indebtedness did not originate, the statement shall show the number of votes cast in such a city for assumption of indebtedness and the number of votes cast against assumption of indebtedness. If a question of the form or plan of government was voted upon, the statement shall show the number of votes cast in each city for each of the optional forms or plans of government. If a name for the proposed consolidated city was voted upon, the statement shall show the number of votes cast in each city for each optional name. A certified copy of such statement shall be filed with the legislative body of each of the cities proposed to be consolidated.

             If it appears from such statement of canvass that a majority of the votes cast in each of the cities were in favor of consolidation, the consolidation shall be authorized and shall be effective when the newly elected legislative body members assume office, as provided in RCW 35.10.480.

             If a question of the form or plan of government was voted upon, that form or plan receiving the greatest combined number of votes shall become the form or plan of government for the consolidated city. If two or three of the forms or plans of government received the same highest number of votes, the form or plan of government shall be chosen by lot between those receiving the same highest number, where the mayor of the largest of the cities proposed to be consolidated draws the lot at a public meeting.

             If a proposition to assume indebtedness was submitted to voters of a city in which the indebtedness did not originate, the proposition shall be deemed approved if approved by a majority of at least three-fifths of the voters of the city, and the number of persons voting on the proposition constitutes not less than forty percent of the number of votes cast in the city at the last preceding general election. Approval of the proposition authorizes annual property taxes to be levied on the property within the city in which the indebtedness did not originate that are in excess of regular property taxes. However, if the general indebtedness in question was incurred by action of a city legislative body, a proposition for assuming the indebtedness need only be approved by a simple majority vote of the voters of the city in which such indebtedness did not originate.

             If a question of the name of the proposed consolidated city was voted upon, that name receiving the greatest combined number of votes shall become the name of the consolidated city. If two proposed names receive the same number of votes, the name shall be chosen by lot, where the mayor of the largest of the cities proposed to be consolidated draws the lot at a public meeting.


             Sec. 3. RCW 35.10.480 and 1985 c 281 s 11 are each amended to read as follows:

             If the voters of each of the cities proposed to consolidate approve the consolidation, elections to nominate and elect the elected officials of the consolidated city shall be held at times specified in RCW 35A.02.050. If the joint resolution or the petitions prescribe that councilmembers of the consolidated city shall be elected from wards, then the councilmembers shall be elected from wards under RCW 35A.12.180. Terms shall be established as if the city is initially incorporating.

             The newly elected officials shall take office immediately upon their qualification. The effective date of the consolidation shall be when a majority of the newly elected members of the legislative body assume office. The clerk of the newly consolidated city shall transmit a duly certified copy of an abstract of the votes to authorize the consolidation and of the election of the newly elected city officials to the secretary of state and the office of financial management.


             Sec. 4. RCW 35.10.490 and 1985 c 281 s 12 are each amended to read as follows:

             A joint resolution or the petitions may prescribe the name of the proposed consolidated city or may provide that a ballot proposition to determine the name of the proposed consolidated city be submitted to the voters of the cities proposed to be consolidated. If two alternative names are submitted, the name receiving the simple majority vote of the voters voting on the question shall become the name of the consolidated city. If the name for the proposed consolidated city is not prescribed by the joint resolution or petition, or a proposition on the name is not submitted to the voters of the cities proposed to be consolidated, then the newly consolidated city shall be known as the city of . . . . . . (listing the names of the cities that were consolidated in alphabetical order). The legislative body of the newly consolidated city may present another name or two names for the newly consolidated city to the city voters for their approval or rejection at the next municipal general election held after the effective date of the consolidation. If only one alternative name is submitted, this alternative name shall become the name of the consolidated city if approved by a simple majority vote of the voters voting on the question. If two alternative names are submitted, the name receiving the simple majority vote of the voters voting on the question shall become the name of the consolidated city.


             Sec. 5. RCW 35.21.010 and 1991 c 363 s 37 are each amended to read as follows:

             (1) Municipal corporations now or hereafter organized are bodies politic and corporate under the name of the city of . . . . . ., or the town of . . . . . ., as the case may be, and as such may sue and be sued, contract or be contracted with, acquire, hold, possess and dispose of property, subject to the restrictions contained in other chapters of this title, having a common seal, and change or alter the same at pleasure, and exercise such other powers, and have such other privileges as are conferred by this title((: PROVIDED, That)). However, not more than two square miles in area shall be included within the corporate limits of a town having a population of fifteen hundred or less, or located in a county with a population of one million or more, and not more than three square miles in area shall be included within the corporate limits of a town having a population of more than fifteen hundred in a county with a population of less than one million, nor shall more than twenty acres of unplatted land belonging to any one person be taken within the corporate limits of a town without the consent of the owner of such unplatted land((: PROVIDED FURTHER, That)).

             (2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded from a limitation in square mileage.

             (3) Except as provided in subsection (2) of this section, the original incorporation of a town shall be limited to an area of not more than one square mile and a population as prescribed in RCW 35.01.040.


             NEW SECTION. Sec. 6. A new section is added to chapter 35.10 RCW to read as follows:

             Unless a commission form of government is prescribed or submitted to the voters under RCW 35.10.430, a joint resolution or petition may prescribe that wards be used to elect the councilmembers of the consolidated city. The joint resolution or petition must contain a map of the proposed consolidated city that clearly delineates the boundaries of each ward. Each ward in the proposed consolidated city shall contain approximately the same population. To the greatest extent possible, the integrity of the boundaries of the cities that are proposed to be consolidated shall be respected when the wards are drawn so that the territory within each city is: (1) Included within the fewest number of wards, to the extent the city has a population that is greater than the maximum population established for each ward; or (2) included wholly within one ward, to the extent the city has a population that is equal to or less than the maximum population established for each ward. After the election specified in RCW 35.10.480, election wards may be modified in the manner specified in RCW 35A.12.180.


             Sec. 7. RCW 35.10.420 and 1985 c 281 s 5 are each amended to read as follows:

             The submission of a ballot proposal to the voters of two or more contiguous cities for the consolidation of these contiguous cities may also be caused by the filing of a petition with the legislative body of each such city, signed by the voters of each city in number equal to not less than ten percent of ((the votes cast)) voters who voted in the city at the last general municipal election therein, seeking consolidation of such contiguous cities. A copy of the petition shall be forwarded immediately by each city to the auditor of the county or counties within which that city is located.

             The county auditor or auditors shall determine the sufficiency of the signatures in each petition within ten days of receipt of the copies and immediately notify the cities proposed to be consolidated of the sufficiency. If each of the petitions is found to have sufficient valid signatures, the auditor or auditors shall call a special election at which the question of whether such cities shall consolidate shall be submitted to the voters of each of such cities. If a general election is to be held more than ninety days but not more than one hundred eighty days after the filing of the last petition, the question shall be submitted at that election. Otherwise the question shall be submitted at a special election to be called for that purpose at the next special election date, as specified in RCW 29.13.020, that occurs ninety or more days after the date when the last petition was filed.

             If each of the petitions is found to have sufficient valid signatures, the auditor or auditors also shall notify the county legislative authority of each county in which the cities are located of the proposed consolidation.

             Petitions shall conform with the requirements for form prescribed in RCW 35A.01.040, except different colored paper may be used on petitions circulated in the different cities. A legal description of the cities need not be included in the petitions."


             On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.10.460, 35.10.470, 35.10.480, 35.10.490, 35.21.010, and 35.10.420; and adding a new section to chapter 35.10 RCW."


             Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 30, 1995

ESB 5276         Prime Sponsor, McAuliffe: Changing references from "handicapped" to "with disabilities" in the common school education code. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Poulsen, Assistant Ranking Minority Member; Clements; Dickerson; G. Fisher; Hatfield; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.


             Voting Yea: Representatives Brumsickle, Cole, Clements, Elliot, G. Fisher, Hatfield, Johnson, McMahan, Pelesky, Poulsen, Quall, Radcliff, Smith, Talcott, B. Thomas, Thompson and Veloria.

             Excused: Representatives Dickerson and Fuhrman.


             Passed to Committee on Rules for second reading.


March 30, 1995

SB 5310            Prime Sponsor, Haugen: Requiring a process to solicit proposals for and prioritize heritage capital projects. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 2, line 3, after "field," insert "including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the state office of archaeology and historic preservation,"


             On page 2, line 6, after "1996." insert "The prioritized list shall be developed through open and public meetings."


             Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Chopp, Assistant Ranking Minority Member; Hankins; McMorris; Mitchell; Pennington; Regala; Silver and L. Thomas.


             Voting Yea: Representatives Hankins, Honeyford, McMorris, Mitchell, Ogden, Pennington, Regala, Sehlin, Silver, L. Thomas and Valle.

             Excused: Representatives Chopp and Costa.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5326          Prime Sponsor, Committee on Human Services & Corrections: Revising provision for registration of sex offenders. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 9A.44.130 and 1994 c 84 s 2 are each amended to read as follows:

             (1) Any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense, shall register with the county sheriff for the county of the person's residence.

             (2) The person shall provide the county sheriff with the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; and (h) social security number.

             (3)(a) Sex offenders shall register within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses:

             (i) SEX OFFENDERS IN CUSTODY. Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The agency that has jurisdiction over the offender shall provide notice to the sex offender of the duty to register. Failure to register within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

             (ii) SEX OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders, who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(ii) as of July 28, 1991, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

             (iii) SEX OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(iii) as of July 23, 1995, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

             (iv) SEX OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

             (((iv))) (v) SEX OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990. Sex offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

             (vi) SEX OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released prior to July 23, 1995, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify offenders who were released prior to July 23, 1995. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

             (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (7) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

             (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

             (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

             (4) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within ten days of ((establishing the new residence)) moving. If any person required to register pursuant to this section moves to a new county, the person must register with the county sheriff in the new county within ten days of ((establishing the new residence)) moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.

             (5) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

             (6) "Sex offense" for the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330 means any offense defined as a sex offense by RCW 9.94A.030.

             (7) A person who knowingly fails to register or who moves without notifying the county sheriff as required by this section is guilty of a class C felony ((if the crime for which the individual was convicted was a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony. If the crime was other than a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony, violation of this section is a gross misdemeanor)).


             Sec. 2. RCW 9A.44.140 and 1991 c 274 s 3 are each amended to read as follows:

             (1) The duty to register under RCW 9A.44.130 shall end:

             (a) For a person convicted of a class A felony: Such person may only be relieved of the duty to register under subsection (((2))) (3) or (((3))) (4) of this section.

             (b) For a person convicted of a class B felony: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

             (c) For a person convicted of a class C felony: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

             (2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense.

             (((2))) (3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (((3))) (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

             (((3))) (4) An offender having a duty to register under RCW 9A.44.130 for a sex offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses during the twenty-four months following the adjudication for the sex offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

             (((4))) (5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

             (((5))) (6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.


             NEW SECTION. Sec. 3. A new section is added to chapter 9A.44 RCW to read as follows:

             When a sex offender registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff shall make reasonable attempts to verify that the sex offender is residing at the registered address. Reasonable attempts at verifying an address shall include at a minimum sending certified mail, with return receipt requested, to the sex offender at the registered address, and if the return receipt is not signed by the sex offender, talking in person with the residents living at the address. The sheriff shall make reasonable attempts to locate any sex offender who cannot be located at the registered address."


             Correct the title accordingly.


             Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representative Ballasiotes.


             Referred to Committee on Appropriations.


March 29, 1995

SB 5369            Prime Sponsor, Haugen: Allowing a majority vote to authorize merger of fire protection districts. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Honeyford; Hymes; D. Schmidt; Sommers and Wolfe.

 

MINORITY recommendation: Without recommendation. Signed by Representatives L. Thomas, Vice Chairman; Hargrove; Mulliken and Van Luven.


             Voting Yea: Representatives R. Fisher, Goldsmith, Honeyford, Hymes, Reams, Rust, Scott, Sommers and Wolfe.

             Voting Nay: Representatives Hargrove, Mulliken, L. Thomas and Van Luven.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5398            Prime Sponsor, Franklin: Removing the filing requirement for expert witness personal service contracts. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5399            Prime Sponsor, Pelz: Refining industrial insurance actions. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 10, after line 19, insert the following:

             "Sec. 6. RCW 51.32.050 and 1993 c 521 s 1 are each amended to read as follows:

             (1) Where death results from the injury the expenses of burial not to exceed two ((thousand dollars)) hundred percent of the average monthly wage in the state as defined in RCW 51.08.018 shall be paid.

             (2)(a) Where death results from the injury, a surviving spouse of a deceased worker eligible for benefits under this title shall receive monthly for life or until remarriage payments according to the following schedule:

             (i) If there are no children of the deceased worker, sixty percent of the wages of the deceased worker but not less than one hundred eighty-five dollars;

             (ii) If there is one child of the deceased worker and in the legal custody of such spouse, sixty-two percent of the wages of the deceased worker but not less than two hundred twenty-two dollars;

             (iii) If there are two children of the deceased worker and in the legal custody of such spouse, sixty-four percent of the wages of the deceased worker but not less than two hundred fifty-three dollars;

             (iv) If there are three children of the deceased worker and in the legal custody of such spouse, sixty-six percent of the wages of the deceased worker but not less than two hundred seventy-six dollars;

             (v) If there are four children of the deceased worker and in the legal custody of such spouse, sixty-eight percent of the wages of the deceased worker but not less than two hundred ninety-nine dollars; or

             (vi) If there are five or more children of the deceased worker and in the legal custody of such spouse, seventy percent of the wages of the deceased worker but not less than three hundred twenty-two dollars.

             (b) Where the surviving spouse does not have legal custody of any child or children of the deceased worker or where after the death of the worker legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children. The amount of such payments shall be five percent of the monthly benefits payable as a result of the worker's death for each such child but such payments shall not exceed twenty-five percent. Such payments on account of such child or children shall be subtracted from the amount to which such surviving spouse would have been entitled had such surviving spouse had legal custody of all of the children and the surviving spouse shall receive the remainder after such payments on account of such child or children have been subtracted. Such payments on account of a child or children not in the legal custody of such surviving spouse shall be apportioned equally among such children.

             (c) Payments to the surviving spouse of the deceased worker shall cease at the end of the month in which remarriage occurs: PROVIDED, That a monthly payment shall be made to the child or children of the deceased worker from the month following such remarriage in a sum equal to five percent of the wages of the deceased worker for one child and a sum equal to five percent for each additional child up to a maximum of five such children. Payments to such child or children shall be apportioned equally among such children. Such sum shall be in place of any payments theretofore made for the benefit of or on account of any such child or children. If the surviving spouse does not have legal custody of any child or children of the deceased worker, or if after the death of the worker, legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children.

             (d) In no event shall the monthly payments provided in subsection (2) of this section exceed the applicable percentage of the average monthly wage in the state as computed under RCW 51.08.018 as follows:


                                       AFTER                                                                                                         PERCENTAGE


                          June 30, 1993                                                                                                                         105%

                          June 30, 1994                                                                                                                         110%

                          June 30, 1995                                                                                                                         115%

                          June 30, 1996                                                                                                                         120%


             (e) In addition to the monthly payments provided for in subsection (2) (a) through (((2)))(c) of this section, a surviving spouse or child or children of such worker if there is no surviving spouse, or dependent parent or parents, if there is no surviving spouse or child or children of any such deceased worker shall be forthwith paid ((the)) a sum ((of one thousand six hundred dollars)) equal to one hundred percent of the average monthly wage in the state as defined in RCW 51.08.018, any such children, or parents to share and share alike in said sum.

             (f) Upon remarriage of a surviving spouse the monthly payments for the child or children shall continue as provided in this section, but the monthly payments to such surviving spouse shall cease at the end of the month during which remarriage occurs. However, after September 8, 1975, an otherwise eligible surviving spouse of a worker who died at any time prior to or after September 8, 1975, shall have an option of:

             (i) Receiving, once and for all, a lump sum of twenty-four times the monthly compensation rate in effect on the date of remarriage allocable to the spouse for himself or herself pursuant to subsection (2)(a)(i) of this section and subject to any modifications specified under subsection (2)(d) of this section and RCW 51.32.075(3) or fifty percent of the then remaining annuity value of his or her pension, whichever is the lesser: PROVIDED, That if the injury occurred prior to July 28, 1991, the remarriage benefit lump sum available shall be as provided in the remarriage benefit schedules then in effect; or

             (ii) If a surviving spouse does not choose the option specified in subsection (2)(f)(i) of this section to accept the lump sum payment, the remarriage of the surviving spouse of a worker shall not bar him or her from claiming the lump sum payment authorized in subsection (2)(f)(i) of this section during the life of the remarriage, or shall not prevent subsequent monthly payments to him or to her if the remarriage has been terminated by death or has been dissolved or annulled by valid court decree provided he or she has not previously accepted the lump sum payment.

             (g) If the surviving spouse during the remarriage should die without having previously received the lump sum payment provided in subsection (2)(f)(i) of this section, his or her estate shall be entitled to receive the sum specified under subsection (2)(f)(i) of this section or fifty percent of the then remaining annuity value of his or her pension whichever is the lesser.

             (h) The effective date of resumption of payments under subsection (2)(f)(ii) of this section to a surviving spouse based upon termination of a remarriage by death, annulment, or dissolution shall be the date of the death or the date the judicial decree of annulment or dissolution becomes final and when application for the payments has been received.

             (i) If it should be necessary to increase the reserves in the reserve fund or to create a new pension reserve fund as a result of the amendments in chapter 45, Laws of 1975-'76 2nd ex. sess., the amount of such increase in pension reserve in any such case shall be transferred to the reserve fund from the supplemental pension fund.

             (3) If there is a child or children and no surviving spouse of the deceased worker or the surviving spouse is not eligible for benefits under this title, a sum equal to thirty-five percent of the wages of the deceased worker shall be paid monthly for one child and a sum equivalent to fifteen percent of such wage shall be paid monthly for each additional child, the total of such sum to be divided among such children, share and share alike: PROVIDED, That benefits under this subsection or subsection (4) of this section shall not exceed the lesser of sixty-five percent of the wages of the deceased worker at the time of his or her death or the applicable percentage of the average monthly wage in the state as defined in RCW 51.08.018, as follows:


                                       AFTER                                                                                                         PERCENTAGE


                          June 30, 1993                                                                                                                         105%

                          June 30, 1994                                                                                                                         110%

                          June 30, 1995                                                                                                                         115%

                          June 30, 1996                                                                                                                         120%


             (4) In the event a surviving spouse receiving monthly payments dies, the child or children of the deceased worker shall receive the same payment as provided in subsection (3) of this section.

             (5) If the worker leaves no surviving spouse or child, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to fifty percent of the average monthly support actually received by such dependent from the worker during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed the lesser of sixty-five percent of the wages of the deceased worker at the time of his or her death or the applicable percentage of the average monthly wage in the state as defined in RCW 51.08.018 as follows:


                                       AFTER                                                                                                         PERCENTAGE


                          June 30, 1993                                                                                                                         105%

                          June 30, 1994                                                                                                                         110%

                          June 30, 1995                                                                                                                         115%

                          June 30, 1996                                                                                                                         120%


If any dependent is under the age of eighteen years at the time of the occurrence of the injury, the payment to such dependent shall cease when such dependent reaches the age of eighteen years except such payments shall continue until the dependent reaches age twenty-three while permanently enrolled at a full time course in an accredited school. The payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened.

             (6) For claims filed prior to July 1, 1986, if the injured worker dies during the period of permanent total disability, whatever the cause of death, leaving a surviving spouse, or child, or children, the surviving spouse or child or children shall receive benefits as if death resulted from the injury as provided in subsections (2) through (4) of this section. Upon remarriage or death of such surviving spouse, the payments to such child or children shall be made as provided in subsection (2) of this section when the surviving spouse of a deceased worker remarries.

             (7) For claims filed on or after July 1, 1986, every worker who becomes eligible for permanent total disability benefits shall elect an option as provided in RCW 51.32.067."


             On page 11, after line 35, insert the following:

             "NEW SECTION. Sec. 7. 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."


             Renumber the sections consecutively, correct internal references accordingly, and correct the title.


             Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Fuhrman and Goldsmith.


             Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Fuhrman, Goldsmith, Hargrove, Lisk, Romero and Thompson.

             Excused: Representative Horn.


             Passed to Committee on Rules for second reading.


March 28, 1995

SSB 5410          Prime Sponsor, Committee on Ecology & Parks: Designating the Washington park arboretum as an official state arboretum. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 30, 1995

E2SSB 5439     Prime Sponsor, Committee on Ways & Means: Revising procedures for nonoffender at-risk youth and their families. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 13.32A.010 and 1979 c 155 s 15 are each amended to read as follows:

             The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

             The legislature recognizes that the public is concerned about the growing problem with runaways. The legislature further recognizes that children have run away from home, are substance abusers, or have serious acting out behaviors and their parents have sought help. The legislature recognizes that families with children who are endangering themselves and others by their behavior also need services.

             The legislature finds that many parents do not know their rights regarding their adolescent children and law enforcement, and parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further finds that the juvenile justice reform enacted in 1977 does not adequately protect youth and families and that chronic runaways with substantial problems are left without adequate protection or legal recourse.

             The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to assist parents and protect their children. The legislature intends, in chapter . . ., Laws of 1995 (this act), to give tools to law enforcement, courts, and parents to keep families together and reunite them whenever possible.

             The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.


             NEW SECTION. Sec. 2. This act may be known and cited as the "Becca bill."


             Sec. 3. RCW 13.32A.030 and 1990 c 276 s 3 are each amended to read as follows:

             As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

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

             (2) "Child," "juvenile," and "youth" mean any individual who is under the chronological age of eighteen years;

             (3) "Parent" means the legal custodian(s) or guardian(s) of a child;

             (4) "((Semi-secure)) Secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away((: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves));

             (5) "Multidisciplinary team" means those persons involved in helping a child who meets the definition of an at-risk youth. This group shall include the parent, guardian, or custodian, a department case worker, a representative of the counties, and a member of the following disciplines: Mental health and substance abuse. This group may include, but is not limited to the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, a member of the child's cultural community, therapists, medical personnel, social service providers, placement providers, and extended family members. Team members shall be volunteers who do not receive compensation for team activities unless an individual team member's employer chooses to provide such compensation.

             (6) "At-risk youth" means an individual under the chronological age of eighteen years who:

             (a) Is absent from home for more than seventy-two consecutive hours without consent of his or her parent;

             (b) Is beyond the control of his or her parent such that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person; or

             (c) Has a serious substance abuse problem for which there are no pending criminal charges related to the substance abuse.


             NEW SECTION. Sec. 4. A new section is added to chapter 13.32A RCW to read as follows:

             The department shall establish appropriate security requirements for all crisis residential centers. The requirements shall be designed to prevent children from leaving the centers without authorization. Security requirements may include, but not be limited to, locked doors and windows, electronic monitoring bracelets, and perimeter fences or patrols. The crisis residential center administrator shall notify parents and the appropriate law enforcement within four hours of all unauthorized leaves.


             Sec. 5. RCW 13.32A.040 and 1994 c 304 s 3 are each amended to read as follows:

             Families who are in conflict or who are experiencing problems with at-risk youth may request family reconciliation services from the department. The department shall involve the local multidisciplinary teams in determining the services to be provided and in providing those services, if a local multidisciplinary team exists. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. Upon a referral by a school or other appropriate agency, family reconciliation services may also include training in parenting, conflict management, and dispute resolution skills.


             Sec. 6. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:

             A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in the placement under the rules established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. Crisis residential center staff shall make ((a concerted)) every reasonable effort to protect the child and achieve a reconciliation of the family. If a reconciliation, using family reconciliation services, and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the ((person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; and (3) the right to request a review of any alternative residential placement)) facility administrator or his or her designee shall immediately convene the multidisciplinary team, if one exists.

             At no time shall information regarding a parent's or child's rights be withheld if requested. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.


             NEW SECTION. Sec. 7. A new section is added to chapter 13.32A RCW to read as follows:

             (1) Each county shall have the authority to assemble a multidisciplinary team. To the extent possible, the multidisciplinary team shall draw upon existing community resources.

             (2) The multidisciplinary team, if one exists, shall make every reasonable effort to protect the child and achieve a reconciliation of the family whenever possible. If a crisis residential center administrator or his or her designee makes a referral, the team must respond as soon as possible but no later than twelve hours after the referral is made. The team shall have the authority to assess the juvenile, and family members, if appropriate and agreed to, and shall:

             (a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

             (b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

             (c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

             (d) With the family's consent, work with the family on a longer-term basis to achieve reconciliation of the child and family, whenever possible.

             (3) To the maximum extent possible, the members of the multidisciplinary team shall include members who are representative of the cultures in the family's community.


             NEW SECTION. Sec. 8. A new section is added to chapter 13.32A RCW to read as follows:

             (1) The purpose of the multidisciplinary team is to coordinate and communicate about services offered to the child and family.

             (2) At the first meeting of the multidisciplinary team, it shall choose a member to act as case manager for the family. The parent member of the multidisciplinary team must agree with the choice of case manager. Thereafter, the team shall meet periodically.


             Sec. 9. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:

             ((The department shall)) A juvenile, his or her parent, guardian, or custodian, or the case manager of the multidisciplinary team may file a petition to approve an alternative residential placement on behalf of a child under any of the following sets of circumstances:

             (1) The child has been admitted to a crisis residential center or has been placed with a responsible person other than his or her parent, and:

             (a) The parent has been notified that the child was so admitted or placed;

             (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

             (c) No agreement between the parent and the child as to where the child shall live has been reached;

             (d) No petition requesting approval of an alternative residential placement has been filed by either the child or parent or legal custodian;

             (e) The parent has not filed an at-risk youth petition; and

             (f) The child has no suitable place to live other than the home of his or her parent.

             (2) The child has been admitted to a crisis residential center and:

             (a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

             (b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

             (c) The child has no suitable place to live other than the home of his or her parent.

             (3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

             (a) The party to whom the arrangement is no longer acceptable has so notified the department;

             (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

             (c) No new agreement between parent and child as to where the child shall live has been reached;

             (d) No petition requesting approval of an alternative residential placement has been filed by either the child or the parent;

             (e) The parent has not filed an at-risk youth petition; and

             (f) The child has no suitable place to live other than the home of his or her parent.

             Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in a licensed child care facility, including but not limited to a crisis residential center, or in any other suitable residence to be determined by the department until an alternative residential placement petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by such court. The department may authorize emergency medical or dental care for a child placed under this section. The state, when the department files a petition for alternative residential placement under this section, shall be represented as provided for in RCW 13.04.093.


             Sec. 10. RCW 13.32A.150 and 1992 c 205 s 208 are each amended to read as follows:

             (1) Except as otherwise provided in this section the juvenile court shall not accept the filing of an alternative residential placement petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department. The family assessment provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040, if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under subsection (3) of this section.

             (2) A child or a child's parent may file with the juvenile court a petition to approve an alternative residential placement for the child outside the parent's home. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve such placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an alternative residential placement.

             (3) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioning parent resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

             (a) The child is an at-risk youth as defined in this chapter;

             (b) The petitioning parent has the right to legal custody of the child;

             (c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

             (d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

             The petition shall set forth facts that support the allegations in this subsection and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child. An at-risk youth petition may not be filed if the court has approved an alternative residential placement petition regarding the child or if the child is the subject of a proceeding under chapter 13.34 RCW. A petition may be accepted for filing only if alternatives to court intervention have been attempted. Juvenile court personnel may screen all at-risk youth petitions and may refuse to allow the filing of any petition that lacks merit, fails to comply with the requirements of this section, or fails to allege sufficient facts in support of allegations in the petition.


             Sec. 11. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

             (1) For purposes of this chapter:

             (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the multidisciplinary team formed under chapter 13.32A RCW, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

             (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

             (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

             (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

             (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

             (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

             (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

             (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

             (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

             (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

             (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

             (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

             (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

             (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

             (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.


             Sec. 12. RCW 13.32A.050 and 1994 sp.s. c 7 s 505 are each amended to read as follows:

             A law enforcement officer shall take a child into custody:

             (1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

             (2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

             (3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

             (4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

              Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

             An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

             (5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

             (6) If a law enforcement officer receives a report that causes the officer to have reasonable suspicion that a child is being harbored under RCW 13.32A.080 or for other reasons has a reasonable suspicion that a child is being ((unlawfully)) harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.


             Sec. 13. RCW 13.32A.060 and 1994 sp.s. c 7 s 506 are each amended to read as follows:

             (1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:

             (a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or

             (b) Take the child to the home of an ((adult)) extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:

             (i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or

             (ii) If it is not practical to transport the child to his or her home; or

             (iii) If there is no parent available to accept custody of the child.

             The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.

             (2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody((, and)). An officer taking a child into custody under RCW 13.32A.050(3) shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. ((However,)) An officer taking a child into custody under RCW 13.32A.050(4) ((may)) shall place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.

             (3) "Extended family members" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.


             Sec. 14. RCW 13.32A.065 and 1981 c 298 s 4 are each amended to read as follows:

             (1) A child ((may)) shall be placed in detention after being taken into custody pursuant to RCW 13.32A.050(4). The court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

             (a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

             (b) The court believes that the child would not appear at a hearing on contempt.

             (2) If the court orders the child to remain in detention, the court shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays.


             Sec. 15. RCW 13.32A.070 and 1986 c 288 s 2 are each amended to read as follows:

             (1) Except when expressly required otherwise in this chapter, an officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent or extended family member where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or an alternative residential placement can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent or extended family member shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

             (2) A law enforcement officer acting in good faith pursuant to this chapter in failing to take a child into custody, in taking a child into custody, or in releasing a child to a person other than a parent or extended family member of such child is immune from civil or criminal liability for such action.

             (3) A person other than a parent of such child who receives a child pursuant to this chapter and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving such child. Such immunity does not release such person from liability under any other law including the laws regulating licensed child care and prohibiting child abuse.

             (4) As used in this section, "extended family member" has the meaning prescribed in RCW 13.32A.060.


             NEW SECTION. Sec. 16. A new section is added to chapter 13.32A RCW to read as follows:

             (1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home without the permission of the parent, shall promptly report the location of the child to a local law enforcement agency. The report may be made by telephone or any other reasonable means.

             (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

             (a) "Shelter" means the person's home or any structure over which the person has any control.

             (b) "Promptly report" means to report within four hours after the person has knowledge that the minor is away from home without parental permission.

             (c) "Parent" means any parent having legal custody of the child, whether individually or joint.

             (3) Violation of this section is a gross misdemeanor.


             NEW SECTION. Sec. 17. A new section is added to chapter 46.20 RCW to read as follows:

             When the department of licensing is provided with a notice under section 18 of this act, the department shall suspend for ninety days all driving privileges of the juvenile identified in the notice. To the extent it may be required to provide due process, the department may adopt rules to provide the juvenile with an opportunity to challenge the notice.


             NEW SECTION. Sec. 18. A new section is added to chapter 13.32A RCW to read as follows:

             When petitioned to do so by a parent, the department shall determine whether the parent's child has, on two or more occasions within a twelve-month period, been absent from home for more than seventy-two consecutive hours without parental consent. If the department finds that the child has and also that the child has a Washington state driver's license, then the department shall provide a notice of its findings to the department of licensing which shall suspend the child's driver's license as provided in section 17 of this act. The twelve-month period shall be the twelve-calendar-month period immediately before the month in which the department receives the petition. The department shall develop procedures for verifying absences and if requested by either a parent or child shall conduct a hearing on the question of whether the absences have occurred.


             Sec. 19. RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:

             (1) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

             (2) The court may set conditions of supervision for the child that include:

             (a) Regular school attendance;

             (b) Counseling;

             (c) Participation in a substance abuse treatment program;

             (d) If ordered under subsection (3) of this section, placement in a secure facility or other secure program of treatment;

             (e) Reporting on a regular basis to the department or any other designated person or agency; and

             (((e))) (f) Any other condition the court deems an appropriate condition of supervision.

             (3) If requested by a parent of an at-risk youth who is a habitual runaway, the court may include in its dispositional order or orders a requirement that the youth be placed, for up to one hundred eighty consecutive days, in a secure facility or other court-ordered secure program of treatment. The court may not include this requirement unless, at the disposition hearing, it finds that the placement is necessary in order to protect the at-risk youth and that a less-restrictive order or orders not requiring such placement would be inadequate to protect the youth, given the youth's age, maturity, propensity to run away from home, past exposure to serious risk when the youth ran away from home, and possible future exposure to serious risk should the youth run away from home again. For purposes of this section, an at-risk youth is a "habitual runaway" if the youth, on each of three or more occasions within the twelve-month period preceding the month in which the at-risk youth petition was filed, has been absent from home for more than seventy-two consecutive hours without parental consent; or if the youth during such twelve-month period has been absent from home without parental consent for more than thirty consecutive days. This subsection constitutes a method of placement or commitment that is in addition to methods prescribed under other laws and is not intended as the exclusive method for placement or commitment of children who qualify as at-risk youth.

             (4) Except as provided in this section for habitual runaways, no dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

             (((4))) (5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled. The parent may request dismissal of an at-risk youth proceeding at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

             (((5))) (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.


             Sec. 20. RCW 13.32A.198 and 1990 c 276 s 15 are each amended to read as follows:

             (1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review ((within three months)), advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing. The review hearing shall commence within ninety consecutive days after the date in which the dispositional order or orders are entered. However, if the order or orders provide for the placement of a habitual runaway in a secure facility or secure program of treatment, then the review hearing shall commence within thirty consecutive days after such date.

             (2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child. The court shall determine whether the parent and child are complying with the dispositional plan. If court supervision is continued, the court may modify the dispositional plan. However, in the case of a habitual runaway placed in a secure facility or secure program of treatment, the court may continue the placement for an additional period only if requested by the parent and if the court finds that its findings under RCW 13.32A.196 are still accurate.

             (3) Except for the placement of a habitual runaway in a secure facility or secure program of treatment, court supervision of the child may not be continued past one hundred eighty consecutive days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision. Any extension granted pursuant to this subsection shall not exceed ninety days. The court may not require the placement of a habitual runaway for longer than a period of one hundred eighty consecutive days and may not provide for any extension of the placement beyond such period.

             (4) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision, including the placement of a habitual runaway, would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan. The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.


             Sec. 21. RCW 28A.225.020 and 1992 c 205 s 202 are each amended to read as follows:

             If a juvenile required to attend school under the laws of the state of Washington fails to attend school without valid justification, the juvenile's school shall:

             (1) Inform the juvenile's custodial parent, parents or guardian by a notice in writing or by telephone that the juvenile has failed to attend school without valid justification after one unexcused absence within any month during the current school year;

             (2) Schedule a conference or conferences with the custodial parent, parents or guardian and juvenile at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the juvenile's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and

             (3) Take steps to eliminate or reduce the juvenile's absences. These steps shall include, where appropriate, adjusting the juvenile's school program or school or course assignment, providing more individualized or remedial instruction, preparing the juvenile for employment with specific vocational courses or work experience, or ((both)) refer the juvenile to a community truancy board, and assisting the parent or student to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.


             Sec. 22. RCW 28A.225.030 and 1992 c 205 s 203 are each amended to read as follows:

             If action taken by a school pursuant to RCW 28A.225.020 is not successful in substantially reducing a student's absences from school, any of the following actions may be taken after five or more unexcused absences during the current school year: (1) The attendance officer of the school district or the community truancy board through its attorney may petition the ((juvenile)) court to assume jurisdiction under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of alleging a violation of RCW 28A.225.010 by the parent; or (2) a petition alleging a violation of RCW 28A.225.010 by a child may be filed with the ((juvenile)) court by the parent of such child or by the attendance officer of the school district or the community truancy board through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply.


             NEW SECTION. Sec. 23. A new section is added to chapter 28A.225 RCW to read as follows:

             For purposes of this chapter, "community truancy board" means a board comprised of members of the local community in which the juvenile attends school. The local school district shall direct the formation of the board, and if possible include a variety of representatives from the community. The community truancy board shall set conditions designed to improve school attendance and monitor subsequent school attendance.


             Sec. 24. RCW 28A.225.150 and 1992 c 205 s 205 are each amended to read as follows:

             The school district attendance officer shall report biannually to the educational service district superintendent, in the instance of petitions filed alleging a violation by a child under RCW 28A.225.030:

             (1) The number of petitions filed by a school district or by a parent;

             (2) The frequency of each action taken under RCW 28A.225.020 prior to the filing of such petition;

             (3) When deemed appropriate under RCW 28A.225.020, the frequency of delivery of supplemental services; and

             (4) Disposition of cases filed with the ((juvenile)) court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090.

             The educational service district superintendent shall compile such information and report annually to the superintendent of public instruction. The superintendent of public instruction shall compile such information and report to the committees of the house of representatives and the senate by September 1 of each year.


             Sec. 25. RCW 70.96A.095 and 1991 c 364 s 9 are each amended to read as follows:

             (1) Any person fourteen years of age or older may give consent for himself or herself to the furnishing of counseling, care, treatment, or rehabilitation by a treatment program or by any person. Consent of the parent, parents, or legal guardian of a person less than eighteen years of age is not necessary to authorize the care, except that the person shall not become a resident of the treatment program without such permission except as provided in RCW 70.96A.120 or 70.96A.140. The parent, parents, or legal guardian of a person less than eighteen years of age are not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the counseling, care, treatment, or rehabilitation. The parent's, parents', or guardians' insurance carrier is also not liable for payment and shall not be billed for payment unless the parent, parents, or guardian has given consent.

             (2) The parent of any minor may apply to an approved treatment program for the admission of the minor for purposes authorized in this chapter. The consent of the minor shall not be required for the application or admission. The approved treatment program shall accept the application as if it were submitted voluntarily by the minor. The ability of a parent to apply to an approved treatment program for the involuntary admission of his or her child does not create any right to this treatment or to obtain or benefit from any public funds or resources.


             NEW SECTION. Sec. 26. A new section is added to chapter 70.96A RCW to read as follows:

             Nothing in this chapter authorizes school district personnel to refer minors to any treatment program or treatment provider without providing notice of the referral to the parent, parents, or guardians.


             Sec. 27. RCW 70.96A.110 and 1990 c 151 s 7 are each amended to read as follows:

             (1) An alcoholic or other drug addict may apply for voluntary treatment directly to an approved treatment program. If the proposed patient is ((a minor or)) an incompetent person, he or she, a parent, a legal guardian, or other legal representative may make the application. If the proposed patient is a minor, the minor or the minor's parent, legal guardian, or other legal representative may make the application as provided in RCW 70.96A.095.

             (2) Subject to rules adopted by the secretary, the administrator in charge of an approved treatment program may determine who shall be admitted for treatment. If a person is refused admission to an approved treatment program, the administrator, subject to rules adopted by the secretary, shall refer the person to another approved treatment program for treatment if possible and appropriate.

             (3) If a patient receiving inpatient care leaves an approved treatment program, he or she shall be encouraged to consent to appropriate outpatient treatment. If it appears to the administrator in charge of the treatment program that the patient is an alcoholic or other drug addict who requires help, the department may arrange for assistance in obtaining supportive services and residential programs.

             (4) If a patient leaves an approved public treatment program, with or against the advice of the administrator in charge of the program, the department may make reasonable provisions for his or her transportation to another program or to his or her home. If the patient has no home he or she should be assisted in obtaining shelter. If the patient is less than ((fourteen)) eighteen years of age or an incompetent person the request for discharge from an inpatient program shall be made by a parent, legal guardian, or other legal representative or by the ((minor or)) incompetent if he or she was the original applicant.


             Sec. 28. RCW 70.96A.140 and 1993 c 362 s 1 are each amended to read as follows:

             (1) When a designated chemical dependency specialist receives information alleging that a person is incapacitated as a result of chemical dependency, the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court or district court.

             If a petition for commitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the designated chemical dependency specialist's report.

             If the designated chemical dependency specialist finds that the initial needs of such person would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020 or 71.34.020. If placement in a chemical dependency program is available and deemed appropriate, the petition shall allege that: The person is chemically dependent and is incapacitated by alcohol or drug addiction, or that the person has twice before in the preceding twelve months been admitted for detoxification or chemical dependency treatment pursuant to RCW 70.96A.110, and is in need of a more sustained treatment program, or that the person is chemically dependent and has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed. A refusal to undergo treatment, by itself, does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within five days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition. A physician employed by the petitioning program or the department is eligible to be the certifying physician.

             (2) Upon filing the petition, the court shall fix a date for a hearing no less than two and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained in a program, pursuant to RCW 70.96A.120, 71.05.210, or 71.34.050, ((as now or hereafter amended,)) in which case the hearing shall be held within seventy-two hours of the filing of the petition: PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER, That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written permission of the person whose commitment is sought, or his or her counsel and, upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.

             (3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be telephonic, of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the detained person or the public. The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.

             The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is chemically dependent shall be deleted from the records unless the person offering the opinions is available for cross-examination. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court may deem it appropriate to appoint a guardian ad litem to represent him or her throughout the proceeding. If deemed advisable, the court may examine the person out of courtroom. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court appointed licensed physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the department for a period of not more than five days for purposes of a diagnostic examination.

             (4) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, it shall make an order of commitment to an approved treatment program. It shall not order commitment of a person unless it determines that an approved treatment program is available and able to provide adequate and appropriate treatment for him or her.

             (5) A person committed under this section shall remain in the program for treatment for a period of sixty days unless sooner discharged. At the end of the sixty-day period, he or she shall be discharged automatically unless the program, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in subsection (1) of this section for a further period of ninety days unless sooner discharged.

             If a petition for recommitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the treatment progress report.

             If a person has been committed because he or she is chemically dependent and likely to inflict physical harm on another, the program shall apply for recommitment if after examination it is determined that the likelihood still exists.

             (6) Upon the filing of a petition for recommitment under subsection (5) of this section, the court shall fix a date for hearing no less than two and no more than seven days after the date the petition was filed: PROVIDED, That, the court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment program on the person whose commitment is sought, his or her next of kin, the original petitioner under subsection (1) of this section if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and his or her attorney and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (3) of this section.

             (7) The approved treatment program shall provide for adequate and appropriate treatment of a person committed to its custody. A person committed under this section may be transferred from one approved public treatment program to another if transfer is medically advisable.

             (8) A person committed to the custody of a program for treatment shall be discharged at any time before the end of the period for which he or she has been committed and he or she shall be discharged by order of the court if either of the following conditions are met:

             (a) In case of a chemically dependent person committed on the grounds of likelihood of infliction of physical harm upon himself, herself, or another, the likelihood no longer exists; or further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

             (b) In case of a chemically dependent person committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists.

             (9) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

             (10) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.

             (11) The venue for proceedings under this section is the county in which person to be committed resides or is present.

             (12) When in the opinion of the professional person in charge of the program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be required as a condition for early release for a period which, when added to the initial treatment period, does not exceed the period of commitment. If the program designated to provide the less restrictive treatment is other than the program providing the initial involuntary treatment, the program so designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given to the patient, the designated chemical dependency specialist of original commitment, and the court of original commitment. The program designated to provide less restrictive care may modify the conditions for continued release when the modifications are in the best interests of the patient. If the program providing less restrictive care and the designated chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration in the patient's functioning has occurred, then the designated chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the person should be returned to more restrictive care. The designated chemical dependency specialist shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The patient shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings. The issues to be determined at the hearing are whether the conditionally released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient's functioning has occurred and whether the conditions of release should be modified or the person should be returned to a more restrictive program. The hearing may be waived by the patient and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.


             Sec. 29. RCW 71.34.030 and 1985 c 354 s 3 are each amended to read as follows:

             (1) Any minor ((thirteen)) fourteen years or older may request and receive outpatient treatment without the consent of the minor's parent provided that the treatment provider provides notice to the minor's parent. The treatment provider must provide notice within forty-eight hours of the minor's request for treatment excluding Saturdays, Sundays, and holidays. The notice shall contain the same information as required under subsection (2)(c) of this section. Parental authorization is required for outpatient treatment of a minor under the age of ((thirteen)) fourteen.

             (2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

             (a) A minor under ((thirteen)) fourteen years of age may only be admitted on the application of the minor's parent.

             (b) A minor ((thirteen years or older)) may be voluntarily admitted by application of the parent. ((Such application must be accompanied by the written consent, knowingly and voluntarily given, of the minor.)) The consent of the minor is not required.

             (c) A minor ((thirteen)) fourteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

             (i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

             (ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

             (iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

             (iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

             (v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

             (vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.

             (vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

             (d) Written renewal of voluntary consent must be obtained from the applicant ((and the minor thirteen years or older)) no less than once every twelve months.

             (e) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

             (3) A notice of intent to leave shall result in the following:

             (a) Any minor under the age of ((thirteen)) fourteen and any minor fourteen or older admitted by a parent under subsection (2)(b) of this section must be discharged immediately upon written request of the parent.

             (b) Any minor ((thirteen)) fourteen years or older voluntarily admitted by himself or herself under subsection (2)(c) of this section may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

             (c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

             (d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, ((thirteen)) fourteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.

             (4) The ability of a parent to apply for treatment of his or her child under this section does not create a right to obtain this treatment or to obtain or benefit from any public funds or resources.


             Sec. 30. RCW 71.34.040 and 1985 c 354 s 4 are each amended to read as follows:

             If a minor, ((thirteen)) fourteen years or older, is brought to an evaluation and treatment facility or hospital emergency room for immediate mental health services, the professional person in charge of the facility shall evaluate the minor's mental condition, determine whether the minor suffers from a mental disorder, and whether the minor is in need of immediate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required, the minor is unwilling to consent to voluntary admission, and the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may detain or arrange for the detention of the minor for up to twelve hours in order to enable a county-designated mental health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter.


             NEW SECTION. Sec. 31. A new section is added to chapter 71.34 RCW to read as follows:

             Nothing in this chapter authorizes school district personnel to refer minors to any evaluation and treatment program or mental health professional without providing notice of the referral to the minor's parent.


             Sec. 32. RCW 71.34.050 and 1985 c 354 s 5 are each amended to read as follows:

             (1) When a county-designated mental health professional receives information that a minor, ((thirteen)) fourteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.

             If the minor is not taken into custody for evaluation and treatment, the parent who has custody of the minor may seek review of that decision made by the county designated mental health professional in court. The parent shall file notice with the court and provide a copy of the county designated mental health professional's report or notes.

             (2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.

             (3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.

             The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.

             (4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.

             (5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.


             Sec. 33. RCW 71.34.070 and 1985 c 354 s 7 are each amended to read as follows:

             (1) The professional person in charge of an evaluation and treatment facility where a minor has been admitted involuntarily for the initial seventy-two hour treatment period under this chapter may petition to have a minor committed to an evaluation and treatment facility for fourteen-day diagnosis, evaluation, and treatment.

             If the professional person in charge of the treatment and evaluation facility does not petition to have the minor committed, the parent who has custody of the minor may seek review of that decision in court. The parent shall file notice with the court and provide a copy of the treatment and evaluation facility's report.

             (2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where the minor is residing or being detained.

             (a) A petition for a fourteen-day commitment shall be signed either by two physicians or by one physician and a mental health professional who have examined the minor and shall contain the following:

             (i) The name and address of the petitioner;

             (ii) The name of the minor alleged to meet the criteria for fourteen-day commitment;

             (iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor;

             (iv) A statement that the petitioner has examined the minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts therefor;

             (v) A statement that the minor has been advised of the need for voluntary treatment but has been unwilling or unable to consent to necessary treatment;

             (vi) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and

             (vii) A statement concerning whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.

             (b) A copy of the petition shall be personally delivered to the minor by the petitioner or petitioner's designee. A copy of the petition shall be sent to the minor's attorney and the minor's parent.


             Sec. 34. RCW 71.34.130 and 1985 c 354 s 13 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, a minor receiving treatment under the provisions of this chapter and responsible others shall be liable for the costs of treatment, care, and transportation to the extent of available resources and ability to pay.

             (2) The minor's parent shall not be liable for payment for the costs of treatment, care, and transportation unless the parent gave consent to the treatment, care, and transportation. The parent's insurance carrier is also not liable for payment and shall not be billed for payment unless the parent has given consent.

             (3) The secretary shall establish rules to implement this section and to define income, resources, and exemptions to determine the responsible person's or persons' ability to pay.


             Sec. 35. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

             (1) The department shall establish, by contracts with private vendors, not less than eight regional crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department. Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children. The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.

             (2) The department shall, in addition to the regional facilities established under subsection (1) of this section, establish not less than thirty additional crisis residential centers pursuant to contract with licensed private group care or specialized foster home facilities. The department may also locate crisis residential centers in or adjacent to secure juvenile detention facilities operated by the county. Where a center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

             Crisis residential ((facilities)) centers shall be operated as ((semi-secure)) secure facilities.


             Sec. 36. RCW 74.13.033 and 1992 c 205 s 213 are each amended to read as follows:

             (1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises, ((which procedures are consistent with the federal juvenile justice and delinquency prevention act of 1974 and regulations and clarifying instructions promulgated thereunder)). Nothing in this section shall prohibit a center from referring any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW ((or)), to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is deemed appropriate and consistent with law.

             (2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In providing these services, the facility shall:

             (a) Interview the juvenile as soon as possible;

             (b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;

             (c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible; and

             (d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days.

             (3) A juvenile taking unauthorized leave from this residence ((may)) shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile ((may)) shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.


             Sec. 37. RCW 74.13.034 and 1992 c 205 s 214 are each amended to read as follows:

             (1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032(2) may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center or the nearest regional crisis residential center. Placement in both centers shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.

             (2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

             (3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.

             (4) ((Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.

             (5))) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure."


             On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "amending RCW 13.32A.010, 13.32A.030, 13.32A.040, 13.32A.130, 13.32A.140, 13.32A.150, 13.50.010, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.196, 13.32A.198, 28A.225.020, 28A.225.030, 28A.225.150, 70.96A.095, 70.96A.110, 70.96A.140, 71.34.030, 71.34.040, 71.34.050, 71.34.070, 71.34.130, 74.13.032, 74.13.033, and 74.13.034; adding new sections to chapter 13.32A RCW; adding a new section to chapter 46.20 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 71.34 RCW; creating a new section; and prescribing penalties."


             Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Thibaudeau, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Boldt; Buck; Carrell and Tokuda.


             Voting Yea: Representatives Boldt, Brown, Buck, Carrell, Cooke, Lambert, Stevens, Thibaudeau and Tokuda.

             Excused: Representative Patterson.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5479          Prime Sponsor, Committee on Education: Clarifying transfers under the public school open enrollment program with regard to home-schooled and private school students. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Poulsen, Assistant Ranking Minority Member; Clements; Dickerson; G. Fisher; Hatfield; McMahan; Pelesky; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.


             Voting Yea: Representatives Brumsickle, Cole, Clements, Elliot, G. Fisher, Hatfield, Johnson, McMahan, Pelesky, Poulsen, Quall, Radcliff, Smith, Talcott, B. Thomas, Thompson and Veloria.

             Excused: Representatives Dickerson and Fuhrman.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5556          Prime Sponsor, Committee on Health & Long-Term Care: Revoking the license of a massage practitioner who has been convicted of prostitution. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 18.108.040 and 1991 c 3 s 255 are each amended to read as follows:

             It shall be unlawful to advertise the practice of massage using the term massage or any other term that implies a massage technique or method in any public or private publication or communication by a person not licensed by the secretary as a massage practitioner or without printing in display advertisement the license number of the massage practitioner. Any person who holds a license to practice as a massage practitioner in this state may use the title "licensed massage practitioner" and the abbreviation "L.M.P.". No other persons may assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage practitioner.


             Sec. 2. RCW 18.108.085 and 1991 c 3 s 259 are each amended to read as follows:

             (1) In addition to any other authority provided by law, the secretary may:

             (a) Adopt rules, in accordance with chapter 34.05 RCW necessary to implement this chapter;

             (b) Set all license, examination, and renewal fees in accordance with RCW 43.70.250;

             (c) Establish forms and procedures necessary to administer this chapter;

             (d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure; and

             (e) Hire clerical, administrative, and investigative staff as necessary to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any practical examinations.

             (2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of licenses and the disciplining of persons under this chapter. The secretary shall be the disciplining authority under this chapter.

             (3) Any license issued under this chapter to a person who is or has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090, or an equivalent local ordinance shall automatically be revoked by the secretary upon receipt of a certified copy of the court documents reflecting such conviction. No further hearing or procedure is required, and the secretary has no discretion with regard to revocation of the license. The revocation shall be effective even though the conviction is under appeal or the time period for appeal has not lapsed. Upon presentation of a final appellate decision overturning the conviction, the license shall be reinstated, unless grounds for disciplinary action have been found pursuant to chapter 18.130 RCW. No license may be granted under this chapter to any person who has been convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090, or an equivalent local ordinance within eight years immediately preceding the date of application. For purposes of this subsection, "convicted" does not include a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence, but does include a conviction for an offense for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

             (4) The secretary shall keep an official record of all proceedings under this chapter, a part of which record shall consist of a register of all applicants for licensure under this chapter, with the result of each application.


             NEW SECTION. Sec. 3. A new section is added to chapter 18.130 RCW to read as follows:

             RCW 18.108.085 governs the issuance and revocation of licenses under chapter 18.108 RCW issued to or applied for by persons convicted of violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090, or equivalent local ordinances.


             Sec. 4. RCW 35.21.692 and 1991 c 182 s 1 are each amended to read as follows:

             (1) A state licensed massage practitioner seeking a city or town license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030.

             (2) The city or town may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on ((similar health care providers, such as physical therapists or occupational therapists,)) other licensees operating within the same city or town, and such fees shall be reasonable and shall not exceed the costs of the processing and administration of the licensing procedure.

             (3) A state licensed massage practitioner ((is not)) may be subject to additional licensing requirements ((not currently imposed on similar health care providers, such as physical therapists or occupational therapists)) under RCW 18.108.100.


             Sec. 5. RCW 35A.82.025 and 1991 c 182 s 2 are each amended to read as follows:

             (1) A state licensed massage practitioner seeking a city license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030.

             (2) The city may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on ((similar health care providers, such as physical therapists or occupational therapists,)) other licensees operating within the same city, and such fees shall be reasonable and shall not exceed the costs of the processing and administration of the licensing procedure.

             (3) A state licensed massage practitioner ((is not)) may be subject to additional licensing requirements ((not currently imposed on similar health care providers, such as physical therapists or occupational therapists)) under RCW 18.108.100.


             Sec. 6. RCW 36.32.122 and 1991 c 182 s 3 are each amended to read as follows:

             (1) A state licensed massage practitioner seeking a county license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030.

             (2) The county may charge a licensing or operating fee, but the fee charged a state licensed massage practitioner shall not exceed the licensing or operating fee imposed on ((similar health care providers, such as physical therapists or occupational therapists,)) other licensees operating within the same county, and such fees shall be reasonable and shall not exceed the costs of the processing and administration of the licensing procedure.

             (3) A state licensed massage practitioner ((is not)) may be subject to additional licensing requirements ((not currently imposed on similar health care providers, such as physical therapists or occupational therapists)) under RCW 18.108.100.


             NEW SECTION. Sec. 7. The amendments to RCW 35.21.692, 35A.82.025, and 36.32.122 contained in sections 4 through 6 of this act shall expire July 1, 1997."


             On page 1, line 1 of the title, after "practitioners;" strike the remainder of the title and insert "amending RCW 18.108.040, 18.108.085, 35.21.692, 35A.82.025, and 36.32.122; adding a new section to chapter 18.130 RCW; and providing an expiration date."


             Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Smith; Thibaudeau and Veloria.


             Voting Yea: Representatives Appelwick, Campbell, Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Robertson, Sheahan, Smith, Thibaudeau and Veloria.


             Passed to Committee on Rules for second reading.


March 28, 1995

2SSB 5574        Prime Sponsor, Committee on Ways & Means: Concerning the return of state forest board transfer land. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 2, after line 26, strike section 4


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 28, 1995

ESSB 5592       Prime Sponsor, Committee on Natural Resources: Revising qualifications for coastal crab fishing licenses. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 75.30.350 and 1994 c 260 s 2 are each amended to read as follows:

             (1) Effective January 1, 1995, it is unlawful to fish for coastal crab in Washington state waters without a Dungeness crab—coastal or a Dungeness crab—coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.

             (2) A Dungeness crab—coastal fishery license is transferable. Except as provided in subsection (3) of this section, such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:

             (a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (((4))) (5) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

             (i) Crab pot—Non-Puget Sound license, issued under RCW 75.28.130(1)(b);

             (ii) Nonsalmon delivery license, issued under RCW 75.28.125;

             (iii) Salmon troll license, issued under RCW 75.28.110;

             (iv) Salmon delivery license, issued under RCW 75.28.113;

             (v) Food fish trawl license, issued under RCW 75.28.120; or

             (vi) Shrimp trawl license, issued under RCW 75.28.130; or

             (b) Made a minimum of four landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or

             (c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets, showed historical and continuous participation in the coastal crab fishery by having held one of the qualifying licenses each calendar year beginning 1990 through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.

             (3) A Dungeness crab—coastal fishery license shall be issued to a person if: The person can demonstrate prior historical involvement in the Washington coastal crab fishery as the owner or operator of a vessel that made landings, had a new or substantially remodelled vessel under construction during any part of the qualifying landing period of December 1, 1988, to September 15, 1992, had any number of coastal crab landings totaling a minimum of five thousand pounds in calendar years 1992 or 1993, and the new or substantially remodelled vessel was designated on the qualifying license of the person who held that license in 1994. All landings shall be documented by valid Washington state shellfish receiving tickets.

             (4) A Dungeness crab—coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab—coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab—coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

             (((4))) (5) The four qualifying seasons for purposes of this section are:

             (a) December 1, 1988, through September 15, 1989;

             (b) December 1, 1989, through September 15, 1990;

             (c) December 1, 1990, through September 15, 1991; and

             (d) December 1, 1991, through September 15, 1992.

             (((5))) (6) For purposes of this section and RCW 75.30.420, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.

             (7) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab—coastal or Dungeness crab—coastal class B fishery license. A Dungeness crab—coastal or Dungeness crab—coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 75.30.350."


             Signed by Representatives Fuhrman, Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Stevens; B. Thomas and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Buck, Vice Chairman; Regala, Assistant Ranking Minority Member; Jacobsen; Romero and Sheldon.


             Voting Yea: Representatives Beeksma, Cairnes, Elliot, G. Fisher, Fuhrman, Pennington, Stevens, B. Thomas and Thompson.

             Voting Nay: Representatives Basich, Buck, Jacobsen, Regala, Romero and Sheldon.


             Passed to Committee on Rules for second reading.


March 30, 1995

ESSB 5605       Prime Sponsor, Committee on Higher Education: Prohibiting drug and alcohol use in state-owned college and university residences. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The state makes a substantial investment of finances and resources in students who are attending state institutions of higher education. In exchange, students are expected to actively pursue their education and contribute to an academic environment that is conducive to learning. Students who abuse liquor and drugs, however, are unable to make full use of this educational opportunity. More important, students who abuse liquor and drugs create an environment that interferes with the ability of other students to pursue their education. This is especially true in university-owned student housing where liquor and drug abuse contribute to noise, vandalism, theft, and violence. While the universities and colleges may not be able to stop all liquor and drug abuse among student populations, the very least they can do is ensure that the vast majority of students without drug or liquor problems are provided with a living environment that is safe and conducive to the pursuit of higher education.


             NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

             (1) Consumption of liquor in state-owned, college or university student housing where a predominant number of residents are under the legal drinking age is prohibited.

             (2) Each public institution of higher education shall notify all students applying for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited.

             (3) Each public institution of higher education, upon request, shall provide students access to student housing on a residence hall floor or in a building where liquor use is prohibited.

             (4) Each public institution shall have in place, and distribute to students in college or university-owned student housing, a process for reporting violations and complaints of liquor and illegal drug use.

             (5) Each public institution shall have in place, distribute to students, and vigorously enforce policies and procedures for investigating complaints regarding liquor and illegal drug use in college or university-owned student housing, including the sanctions that may be applied for violations of the institution's liquor and illegal drug use policies.

             (6) Students who violate the institution's liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution's liquor or illegal drug use policies include but are not limited to warnings, restitution for property damage, probation, expulsion from college or university-owned housing, and suspension from the institution.

             (7) As used in this section:

             (a) "Liquor" has the meaning in RCW 66.04.010; and

             (b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter 69.50 RCW or legend drugs under chapter 69.41 RCW.


             NEW SECTION. Sec. 3. By December 1, 1996, each institution of higher education that has state-owned college or university student housing shall report to the house of representatives and senate higher education committees of the legislature on the following:

             (1) Policies governing liquor and illegal drug use and abuse in college and university-owned student housing;

             (2) Aggregate information on reported violations and actions taken to address those violations;

             (3) Efforts taken by institutions to prevent the use of, and educate students on the effect of, liquor and illegal drugs; and

             (4) Copies of the drug free schools and community act biennial review required by the secretary of education, United States department of education."


             On page 1, line 2 of the title, after "residences;" strike the remainder of the title and insert "adding a new section to chapter 28B.10 RCW; creating new sections; and prescribing penalties."


             Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Benton; Blanton; Delvin; Goldsmith and Sheahan.

 

MINORITY recommendation: Do not pass. Signed by Representatives Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich and Mastin.


             Voting Yea: Representatives Benton, Blanton, Carlson, Delvin, Goldsmith and Mulliken.

             Voting Nay: Representatives Basich, Jacobsen, Mason and Mastin.

             Excused: Representative Sheahan.


             Passed to Committee on Rules for second reading.


March 29, 1995

ESSB 5616       Prime Sponsor, Committee on Natural Resources: Establishing a single-application process for watershed restoration projects. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals.

             To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout sections 1 through 7 of this act.

             (1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed statement under RCW 43.21C.031 must be prepared on the plan.

             (2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

             (a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

             (b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

             (c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.


             NEW SECTION. Sec. 3. By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (1) Approvals related to water quality standards under chapter 90.48 RCW; (2) hydraulic project approvals under chapter 75.20 RCW; and (3) Section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.


             NEW SECTION. Sec. 4. Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.


             NEW SECTION. Sec. 5. All agencies of the state and local governments shall accept the single application developed under section 3 of this act. Unless the procedures under section 6 of this act are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application.


             NEW SECTION. Sec. 6. The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the permit assistance center created by chapter ..., Laws of 1995 (House Bill No. 1724) appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter ..., Laws of 1995 (House Bill No. 1724). The center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application.

             If House Bill No. 1724 is not enacted by June 30, 1995, this section shall be null and void.


             NEW SECTION. Sec. 7. State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in section 2 of this act may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects. Nothing in this act precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of this act.


             NEW SECTION. Sec. 8. A new section is added to chapter 35.63 RCW to read as follows:

             A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 9. A new section is added to chapter 35A.63 RCW to read as follows:

             A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 10. A new section is added to chapter 36.70 RCW to read as follows:

             A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 11. A new section is added to chapter 36.70A RCW to read as follows:

             A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 12. A new section is added to chapter 43.21C RCW to read as follows:

             Decisions pertaining to watershed restoration projects as defined in section 2 of this act are not subject to the requirements of RCW 43.21C.030(2)(c).


             NEW SECTION. Sec. 13. A new section is added to chapter 43.30 RCW to read as follows:

             A permit required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 14. A new section is added to chapter 75.20 RCW to read as follows:

             A hydraulic project approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.


             NEW SECTION. Sec. 15. A new section is added to chapter 90.48 RCW to read as follows:

             A permit, certification, or other approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act. Public review of proposed watershed restoration projects may be shortened or waived by the department.


             NEW SECTION. Sec. 16. A new section is added to chapter 90.58 RCW to read as follows:

             Watershed restoration projects as defined in section 2 of this act are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.


             NEW SECTION. Sec. 17. Sections 1 through 7 of this act are each added to chapter 89.08 RCW."


             On page 1, line 1 of the title, after "projects;" strike the remainder of the title and insert "adding new sections to chapter 89.08 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 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; and adding a new section to chapter 90.58 RCW."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens and B. Thomas.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5644          Prime Sponsor, Committee on Higher Education: Developing a proposal to establish a community college in the People's Republic of China. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin; Goldsmith; Mastin and Sheahan.


             Voting Yea: Representatives Benton, Blanton, Carlson, Delvin, Goldsmith, Jacobsen and Mulliken.

             Excused: Representatives Basich, Mastin, Mason and Sheahan.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5653          Prime Sponsor, Committee on Health & Long-Term Care: Transferring functions of the certified criminal justice agency within the department of social and health services to the office of the attorney general. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. This act shall be cited as the "department of social and health services inspector general act of 1995."


             NEW SECTION. Sec. 2. As used throughout this chapter:

             (1) "Disclosable information" means public information that (a) is not exempt from disclosure under chapter 42.17 RCW; (b) does not pertain to an ongoing investigation; and (c) has not previously been disclosed in a public record.

             (2) "Fraud or abuse" means acts and practices of fraud or abuse in programs administered by the department and fraud in the provision of the department's programs. This does not include provider fraud as it relates to the department's administration of funds pursuant to Title XIX of the social security act, medicaid.

             (3) "Inspector general" means the inspector general of the department.

             (4) "Office" means the office of the inspector general of the department.


             NEW SECTION. Sec. 3. There is established in the department an office of inspector general in order to create an independent unit to:

             (1) Conduct and supervise investigations relating to allegations of fraud or abuse;

             (2) Provide leadership and coordination in recommending policies and procedures designed to detect and prevent fraud and abuse; and

             (3) Provide a method of informing the secretary and the legislature about vulnerabilities and deficiencies relating to the detection and prevention of fraud or abuse as may be discovered as a result of completed investigations conducted or coordinated by the office.


             NEW SECTION. Sec. 4. (1) The head of the office is the inspector general, who shall be appointed by the governor solely on the basis of integrity and demonstrated ability in law enforcement management, public administration, and investigations. The inspector general shall report to and be under the general supervision of the secretary in all matters related to fraud and program integrity.

             (2) The inspector general shall only be removed from office by the governor.

             (3) If the inspector general discovers that improper governmental action, as defined in RCW 42.40.020, has occurred during an investigation with respect to an employee, such as an abuse of authority so as to impede or interfere with an investigation, then the inspector general may report the improper governmental action to the auditor under chapter 42.40 RCW.


             NEW SECTION. Sec. 5. (1) It is the duty and responsibility of the inspector general to:

             (a) Conduct, supervise, coordinate, and provide policy direction for fraud investigations and program integrity as it relates to fraud;

             (b) Review proposed legislation and rules relating to the detection and prevention of fraud in programs administered by the department, and make recommendations for improvement;

             (c) Recommend policies for and coordinate activities carried out or financed by the department for the purpose of preventing and detecting fraud or abuse;

             (d) Recommend policies for, and conduct, supervise, and coordinate, relationships between the department and federal, state, and local governmental agencies, and nongovernmental entities, with respect to: (i) Matters relating to the prevention and detection of fraud or abuse in programs and operations administered by the department; or (ii) the identification and prosecution of participants in such fraud or abuse; and

             (e) Keep the secretary and the legislature informed by means of reports concerning the detection and prevention of fraud or abuse, and to make recommendations for improvement of the activities.

             (2) In carrying out the duties and responsibilities established in sections 2 through 8 of this act, the inspector general shall refer all investigations in which the inspector general has found substantial evidence supporting a finding of a violation of federal or state criminal law to the appropriate prosecuting authority for possible criminal prosecution.


             NEW SECTION. Sec. 6. (1) The inspector general, jointly with the secretary, shall submit a report summarizing the activities of the office to the appropriate committees of the senate and house of representatives by January 1, 1996, and by January 1, 1997, and biennially thereafter. The report shall contain only disclosable information, including:

             (a) A description of significant vulnerabilities or deficiencies relating to the prevention and detection of fraud or abuse discovered as a result of investigations completed during the reporting period, and a description of significant deficiencies relating to the administration of programs and operations of the department discovered as a result of investigations completed during the reporting period;

             (b) Recommendations for improving the activities of the office with respect to the deficiencies identified under (a) of this subsection;

             (c) An identification of each significant recommendation described in the previous reports on which corrective action has or has not been completed;

             (d) A summary of matters referred to prosecution authorities during the reporting period and the charges filed and convictions entered during the reporting period that have resulted from referrals by the office;

             (e) A summary of each report made to the secretary under section 7(2) of this act during the reporting period;

             (f) Any comments the secretary determines to be appropriate.

             (2) The inspector general shall forward a draft of the report to the secretary not less than twenty days prior to the date that the report is to be issued.

             (3) Within sixty days after the transmission of the report of the inspector general to the legislature, the secretary shall make copies of the report available to the public upon request and at a reasonable cost.


             NEW SECTION. Sec. 7. (1) In carrying out the provisions of sections 2 through 8 of this act, the inspector general is authorized to:

             (a) Have prompt access to all individuals, records, electronic data, reports, audits, reviews, documents, and other materials available to the department that relate to operations of the office that is not otherwise prohibited from disclosure to the inspector general;

             (b) Request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by sections 2 through 8 of this act from any federal, state, or local governmental agency or unit of a governmental agency;

             (c) Issue subpoenas for witnesses, documents, information, and other data necessary in the furtherance of an investigation conducted by the office. Such subpoenas are enforceable pursuant to RCW 34.05.588. Prior to issuing subpoenas to a state agency, the inspector general shall make a reasonable request to the agency for documents and information in possession of the agency;

             (d) Administer oaths and take testimony, if necessary in the performance of the duties and responsibilities provided in sections 2 through 8 of this act, unless otherwise prohibited by law;

             (e) Have reasonable access to the secretary or his or her designee when necessary in the performance of the duties and responsibilities provided by sections 2 through 8 of this act;

             (f) Appoint not more than two deputies;

             (g) To the extent and in such amounts as may be provided by appropriations, select, appoint, and employ such personnel as may be necessary to carry out the provisions of sections 2 through 8 of this act;

             (h) To the extent and in such amounts as may be provided by appropriations, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments necessary to carry out the provisions of sections 2 through 8 of this act, subject to compliance with civil service laws, collective bargaining agreements, and other applicable law; and

             (i) To the extent and in such amounts as may be provided by appropriations, purchase or lease facilities, equipment, and supplies necessary to carry out the provisions of sections 2 through 8 of this act.

             (2) Whenever information or assistance requested under subsection (1) (a) or (c) of this section is, in the judgment of the inspector general, unreasonably refused or not provided, the inspector general shall report the circumstances to the secretary without delay.


             NEW SECTION. Sec. 8. (1) The inspector general may receive and investigate complaints or information from an employee of the department concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety.

             (2) The inspector general shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the inspector general determines such disclosure is unavoidable during the course of investigation, except as otherwise provided by state law.

             (3) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the inspector general, unless the complaint was made with willful disregard for its truth or falsity.


             NEW SECTION. Sec. 9. Sections 2 through 8 of this act are each added to chapter 43.20A RCW.


             Sec. 10. RCW 41.06.076 and 1993 c 281 s 22 are each amended to read as follows:

             In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; the inspector general and deputy inspector generals; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources board.


             NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."


             On page 1, line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 41.06.076; adding new sections to chapter 43.20A RCW; creating a new section; providing an effective date; and declaring an emergency."


             Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Thibaudeau, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Boldt; Buck; Carrell and Tokuda.


             Voting Yea: Representatives Boldt, Brown, Buck, Carrell, Cooke, Lambert, Stevens, Thibaudeau and Tokuda.

             Excused: Representative Patterson.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5655            Prime Sponsor, Rasmussen: Revising state freight rail service programs. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 47.76.200 and 1993 c 224 s 1 are each amended to read as follows:

             The legislature finds that a balanced multimodal transportation system is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The state's freight rail system((s are)), including branch lines, mainlines, rail corridors, terminals, yards, and equipment, is an important element((s)) of this multimodal system. Washington's economy relies heavily upon the freight rail system to ensure movement of the state's agricultural, chemical, and natural resources and manufactured products to local, national, and international markets and thereby contributes to the economic vitality of the state.

             Since 1970, Washington has lost ((nearly)) over one-third of its ((five thousand two hundred)) rail miles to abandonment and bankruptcies((, leaving approximately three thousand four hundred rail miles.

             Abandonment of rail lines and rail freight service)). The combination of rail abandonments and rail system capacity constraints may alter the delivery to market of many commodities. In addition, the resultant motor vehicle freight traffic increases the burden on state highways and county roads. In many cases, the cost of maintaining and upgrading the state highways and county roads exceeds the cost of maintaining rail freight service. Thus, the economy of the state will be best served by a policy of maintaining and encouraging a healthy rail freight system by creating ((a)) mechanisms ((which keeps)) that keep rail freight lines operating if the benefits of the service outweigh the cost.

             Recognizing the implications of this trend for freight mobility and the state's economic future, the legislature ((believes)) finds that better freight rail planning, better cooperation to preserve rail lines, and increased financial assistance from the state are necessary to maintain and improve the freight rail system within the state.


             Sec. 2. RCW 47.76.210 and 1990 c 43 s 2 are each amended to read as follows:

             The Washington state department of transportation shall implement a state freight rail program ((for rail coordination, planning, and technical assistance)) that supports the freight rail service objectives identified in the state's multimodal transportation plan required under chapter 47.06 RCW. The support may be in the form of projects and strategies that support branch lines and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail corridors and infrastructure.


             Sec. 3. RCW 47.76.220 and 1993 c 224 s 2 are each amended to read as follows:

             (1) The department of transportation shall prepare and periodically update a state rail plan, the objective of which is to identify, evaluate, and encourage essential rail services. The plan shall:

             (a) Identify and evaluate mainline capacity issues;

             (b) Identify and evaluate port-to-rail access and congestion issues;

             (c) Identify and evaluate those rail freight lines that may be abandoned or have recently been abandoned;

             (((b))) (d) Quantify the costs and benefits of maintaining rail service on those lines that are likely to be abandoned; ((and

             (c))) (e) Establish priorities for determining which rail lines should receive state support. The priorities should include the anticipated benefits to the state and local economy, the anticipated cost of road and highway improvements necessitated by the abandonment or capacity constraints of the rail line, the likelihood the rail line receiving funding can meet operating costs from freight charges, surcharges on rail traffic, and other funds authorized to be raised by a county or port district, and the impact of abandonment or capacity constraints on changes in energy utilization and air pollution;

             (f) Identify and describe the state's rail system;

             (g) prepare a state freight rail system map;

             (h) Identify and evaluate rail commodity flows and traffic types;

             (i) Identify lines and corridors that have been rail banked or preserved; and

             (j) Identify and evaluate other issues affecting the state's rail traffic.

             (2) The state rail plan may be prepared in conjunction with the rail plan prepared by the department pursuant to the federal Railroad Revitalization and Regulatory Reform Act.


             Sec. 4. RCW 47.76.230 and 1990 c 43 s 3 are each amended to read as follows:

             (1) The department of transportation shall continue its responsibility for the development and implementation of the state rail plan and programs, and the utilities and transportation commission shall continue its responsibility for intrastate rates, service, and safety issues.

             (2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers shall be obtained to the extent that such information is available.

             (3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following:

             (a) ((Abandonment)) Rail project cost-benefit analyses((, to include the public and private costs and benefits of maintaining the service, providing alternative service including necessary road improvement costs, or of taking no action)) conducted in accordance with methodologies recommended by the Federal Railroad Administration;

             (b) Assistance in the formation of county rail districts and port districts; and

             (c) Feasibility studies for rail service continuation and/or rail service assistance.

             (4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of community, trade, and economic development, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters. ((The following agencies and jurisdictions shall be involved in the process:

             (a) The state departments of community development and trade and economic development;

             (b) Local jurisdictions and local economic development agencies; and

             (c) Other interested public and private organizations.))


             Sec. 5. RCW 47.76.240 and 1993 c 224 s 3 are each amended to read as follows:

             The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines ((which)) that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector.

             State funding for rail service ((or)), rail preservation, and corridor preservation projects must benefit the state's interests((, which include)). The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety((, and)). State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects the department shall seek federal, local, and private funding and participation to the greatest extent possible.

             (1) The department of transportation shall continue to monitor the status of the state's ((light density line system)) mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.

             (2) The utilities and transportation commission shall intervene in interstate commerce commission proceedings on abandonments, when necessary, to protect the state's interest.

             (3) ((As conditions warrant, the following criteria shall be used for identifying the state's essential rail system:

             (a) Established regional and short-line carriers excluding private operations which are not common carriers;

             (b) Former state project lines, which are lines that have been studied and have received funds from the state and federal governments;

             (c) Lines serving major agricultural and forest product areas or terminals, with such terminals generally being within a fifty-mile radius of producing areas, and sites associated with commodities shipped by rail;

             (d) Lines serving ports, seaports, and navigable river ports;

             (e) Lines serving power plants or energy resources;

             (f) Lines used for passenger service;

             (g) Mainlines connecting to the national and Canadian rail systems;

             (h) Major intermodal service points or hubs; and

             (i) The military's strategic rail network)) The department of transportation, in consultation with the Washington state rail policy development committee, shall establish criteria for evaluating rail projects and corridors of significance to the state.

             (4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.

             (5) The department of transportation shall continue to monitor projects for which it provides assistance.


             Sec. 6. RCW 47.76.250 and 1993 c 224 s 4 are each amended to read as follows:

             (1) The essential rail assistance account is created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.

             (2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts, counties, economic development councils, and port districts for the purpose of:

             (a) Acquiring, rebuilding, rehabilitating, or improving ((branch)) rail lines;

             (b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;

             (c) Constructing railroad improvements to mitigate port access or mainline congestion;

             (d) Construction of ((transloading)) loading facilities to increase business on light density lines or to mitigate the impacts of abandonment; ((or

             (d))) (e) Preservation, including operation, of ((viable)) light density lines, as identified by the Washington state department of transportation, in compliance with this chapter; or

             (f) Preserving rail corridors for future rail purposes by purchase of rights of way. The department shall first pursue transportation enhancement program funds, available under the federal surface transportation program, to the greatest extent practicable to preserve rail corridors. Purchase of rights of way may include track, bridges, and associated elements, and must meet the following criteria:

             (i) The right of way has been identified and evaluated in the state rail plan prepared under this chapter;

             (ii) The right of way may be or has been abandoned; and

             (iii) The right of way has potential for future rail service.

             (3) The department or the participating local jurisdiction is responsible for maintaining any right of way acquired under this chapter, including provisions for drainage management, fire and weed control, and liability associated with ownership.

             (4) Nothing in this section impairs the reversionary rights of abutting landowners, if any, without just compensation.

             (((3))) (5) The department, cities, county rail districts, counties, and port districts may grant franchises to private railroads for the right to operate on lines acquired under this chapter.

             (((4))) (6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter.

             (((5))) (7) If rail lines or rail rights of way are used by county rail districts, port districts, state agencies, or other public agencies for the purposes of rail operations and are later abandoned, the rail lines or rail rights of way cannot be used for any other purposes without the consent of the underlying fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or reversionary rights holder.

             (((6) Projects should be prioritized on the basis)) (8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum eligibility requirements for state assistance under RCW 47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory committee. Project criteria should consider the level of local financial commitment to the project as well as cost/benefit ratio. Counties, local communities, railroads, shippers, and others who benefit from the project should participate financially to the greatest extend practicable.

             (((7))) (9) Moneys received by the department from franchise fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined before the distribution of the moneys.

             (((8))) (10) The state shall maintain a contingent interest in ((a line)) any equipment, property, rail line, or facility that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage, or use it in any other manner subordinating the state's interest without permission from the department.


             Sec. 7. RCW 47.76.270 and 1993 c 224 s 6 are each amended to read as follows:

             (1) The essential rail banking 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 purposes specified in this section.

             (2) Moneys in the account may be used by the department to:

             (a) Acquire rail rights of way;

             (b) Provide funding to cities, port districts, counties, and county rail districts to acquire rail rights of way; or

             (c) Provide for essential corridor maintenance including drainage management and fire and weed control when necessary.

             (3) Use of the moneys pursuant to subsection (2) of this section shall be for rights of way that meet the following criteria:

             (a) The right of way has been identified and evaluated in the state rail plan prepared pursuant to this chapter;

             (b) The right of way may be or has been abandoned; and

             (c) The right of way has potential for future rail service. The department of transportation shall immediately report any expenditure of essential rail banking account funds on rail banking projects to the legislative transportation committee. The report shall include a description of the project, the project's rank in relation to other potential projects, the amount of funds expended, the terms and parties to the transaction, and any other information that the legislative transportation committee may require.

             (4) The department may also expend funds from the receipt of a donation of funds sufficient to cover the property acquisition and management costs. The department may receive donations of funds for this purpose, which shall be conditioned upon, and made in consideration for the repurchase rights contained in RCW 47.76.280.

             (5) The department or the participating local jurisdiction shall be responsible for maintaining the right of way, including provisions for drainage management, for fire and weed control, and for liability associated with ownership.

             (6) Nothing in this section and in RCW 47.76.260 and 47.76.250 shall be interpreted or applied so as to impair the reversionary rights of abutting landowners, if any, without just compensation.

             (7) The department shall develop guidelines for expenditure of essential rail banking funds in the best interest of the state.

             (8) Moneys loaned under this section must be repaid to the state by the city, port district, county, or county rail district. The repayment must occur within a period not longer than fifteen years, as set by the department, of the distribution of the moneys and deposited in the essential rail banking account. The repayment schedule and rate of interest, if any, must be set at the time of the distribution of the moneys.

             (9) The state shall maintain a contingent interest in any property that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, and associated elements for salvage, or use the line in any other manner subordinating the state's interest without permission from the department)) merged into the essential rail assistance account created under RCW 47.76.250. Any appropriations made to the essential rail banking account are transferred to the essential rail assistance account, and are subject to the restrictions of that account.


             Sec. 8. RCW 47.76.280 and 1993 c 224 s 7 are each amended to read as follows:

             The department may sell or lease property acquired under this chapter to a county rail district established under chapter 36.60 RCW, a county, a port district, or any other public or private entity authorized to operate rail service. Any public or private entity ((which)) that originally donated funds to the department under this chapter shall receive credit against the purchase price for the amount donated to the department, less management costs, in the event such public or private entity purchases the property from the department.

             If no county rail district, county, port district, or other public or private entity authorized to operate rail service purchases or leases the property within six years after its acquisition by the department, the department may sell or lease such property in the manner provided in RCW 47.76.290. Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.300 or 47.76.320.


             NEW SECTION. Sec. 9. A new section is added to chapter 47.76 RCW to read as follows:

             The department of transportation shall convene a Washington state freight rail policy advisory committee from time to time as necessary to accomplish the purposes of this chapter. The committee shall consist of representatives from large and small railroads, agriculture, rural regional transportation planning organizations, urban metropolitan planning organizations, select department of transportation regions, the transportation commission, port districts, cities, counties, organized rail labor, and other parties with an interest in the vitality of freight rail.


             NEW SECTION. Sec. 10. RCW 47.76.260 and 1993 c 224 s 5 & 1990 c 43 s 5 are each repealed."


             In line 1 of the title, after "service;" strike the remainder of the title and insert "amending RCW 47.76.200, 47.76.210, 47.76.220, 47.76.230, 47.76.240, 47.76.250, 47.76.270, and 47.76.280; adding a new section to chapter 47.76 RCW; and repealing RCW 47.76.260."


             Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Chandler; Elliot; Hankins; Horn; Johnson; Koster; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives Backlund, Benton, Blanton, Brown, Buck, Cairnes, Chandler, Elliot, R. Fisher, Hankins, Hatfield, Horn, Johnson, Koster, McMahan, Mitchell, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, K. Schmidt, Scott and Tokuda.

             Excused: Representatives Chopp and Skinner.


             Passed to Committee on Rules for second reading.


March 28, 1995

SB 5718            Prime Sponsor, Drew: Authorizing fund-raising on state property to benefit public fish and wildlife programs. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 75.08 RCW to read as follows:

             The manager of a state fish hatchery operated by the department of fish and wildlife may allow nonprofit volunteer groups affiliated with the hatchery to undertake projects to raise donations, gifts, and grants that enhance support for the hatchery or activities in the surrounding watershed that benefit the hatchery. The manager may provide agency personnel and services, if available, to assist in the projects and may allow the volunteer groups to conduct activities on the grounds of the hatchery.

             The director of the department of fish and wildlife shall encourage and facilitate arrangements between hatchery managers and nonprofit volunteer groups and may establish guidelines for such arrangements."


             On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "and adding a new section to chapter 75.08 RCW."


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5735          Prime Sponsor, Committee on Government Operations: Paying county fees by credit cards. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Honeyford; Hymes; Mulliken; D. Schmidt; Van Luven and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove and Sommers.


             Voting Yea: Representatives Goldsmith, Honeyford, Hymes, Mulliken, Reams, L. Thomas, Van Luven and Wolfe.

             Voting Nay: Representatives R. Fisher, Hargrove, Rust, Scott and Sommers.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 30, 1995

SB 5760            Prime Sponsor, Kohl: Eliminating the number restriction on waivers for foreign students at institutions of higher education. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin; Mastin and Sheahan.

 

MINORITY recommendation: Do not pass. Signed by Representative Goldsmith.


             Voting Yea: Representatives Benton, Blanton, Carlson, Delvin, Jacobsen, Mason, Mastin and Mulliken.

             Voting Nay: Representative Goldsmith.

             Excused: Representatives Basich and Sheahan.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5767            Prime Sponsor, Deccio: Authorizing consolidation of municipal irrigation assessment districts. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 29, 1995

ESSB 5820       Prime Sponsor, Committee on Energy, Telecommunications & Utilities: Penalizing theft of telecommunication and cable services. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass. Signed by Representatives Casada, Chairman; Crouse, Vice Chairman; Hankins, Vice Chairman; Kessler, Ranking Minority Member; Kremen, Assistant Ranking Minority Member; Chandler; Huff; Mastin; Mitchell and Patterson.


             Voting Yea: Representatives Casada, Chandler, Crouse, Hankins, Huff, Kessler, Kremen, Mastin, Mitchell and Patterson.

             Excused: Representative Mielke.


             Passed to Committee on Rules for second reading.


March 29, 1995

ESB 5888         Prime Sponsor, Sutherland: Revising considerations for charges for sewerage and storm water control systems. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass. Signed by Representatives Casada, Chairman; Crouse, Vice Chairman; Hankins, Vice Chairman; Kessler, Ranking Minority Member; Kremen, Assistant Ranking Minority Member; Chandler; Huff; Mastin; Mitchell and Patterson.


             Voting Yea: Representatives Casada, Chandler, Crouse, Hankins, Huff, Kessler, Kremen, Mastin, Mitchell and Patterson.

             Excused: Representative Mielke.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5894            Prime Sponsor, Prentice: Planning for department of transportation wetlands. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Brown; Buck; Chandler; Hankins; Horn; Koster; Ogden; Patterson; Quall; Robertson; Romero; Scott and Tokuda.

 

MINORITY recommendation: Do not pass. Signed by Representative McMahan.


             Voting Yea: Representatives Backlund, Benton, Blanton, Brown, Buck, Cairnes, Chandler, Elliot, R. Fisher, Hankins, Hatfield, Johnson, Koster, Mitchell, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, K. Schmidt, Scott and Tokuda.

             Voting Nay: Representative McMahan.

             Excused: Representatives Chopp, Horn and Skinner.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5905          Prime Sponsor, Committee on Law & Justice: Penalizing persistent prison misbehavior. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 9.94 RCW to read as follows:

             (1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior if the inmate knowingly commits a serious infraction, that does not constitute a class A or class B felony, after losing all potential earned early release time credit.

             (2) "Serious infraction" means misconduct that has been designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.

             (3) "State correctional institution" has the same meaning as in RCW 9.94.049.

             (4) The crime of persistent prison misbehavior is a class C felony punishable as provided in RCW 9A.20.021. The sentence imposed for this crime must be served consecutive to any sentence being served at the time the crime is committed.


             Sec. 2. RCW 9.94A.320 and 1994 sp.s. c 7 s 510, 1994 c 275 s 20, and 1994 c 53 s 2 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 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             Persistent prison misbehavior (RCW 9.94.--- (section 1 of this act))

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Theft of a Firearm (RCW 9A.56.300)

                          Reckless Endangerment 1 (RCW 9A.36.045)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Sexually Violating Human Remains (RCW 9A.44.105)

                          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)

                          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))"


             In line 1 of the of the title, after "misbehavior;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.320; adding a new section to chapter 9.94 RCW; and prescribing penalties."


             Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Koster; Radcliff; K. Schmidt and Schoesler.

 

MINORITY recommendation: Do not pass. Signed by Representatives Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole and Dickerson.


             Voting Yea: Representatives Blanton, Koster, Radcliff, K. Schmidt, Sherstad and Schoesler.

             Voting Nay: Representatives Cole, Dickerson, Quall and Tokuda.

             Excused: Representative Ballasiotes.


             Passed to Committee on Rules for second reading.


             There being no objection, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.


             There being no objection, the following House Bills on today's second reading calendar were referred to the Rules Committee: House Bill No. 1255, House Bill No. 1262, House Bill No. 1566, House Bill No. 1908, House Bill No. 1909, House Bill No. 2010, House Bill No. 2082, House Bill No. 2083, House Bill No. 2084, House Bill No. 2085 and House Bill No. 2087.


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


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


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


REPORTS OF STANDING COMMITTEES FIRST SUPPLEMENTAL


March 29, 1995

HB 1299           Prime Sponsor, Representative Brumsickle: Changing provisions relating to student improvement grants. Reported by Committee on Education


 

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Education. Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.


             Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, Dellwo, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Sommers, Talcott, Thibaudeau, Valle and Wolfe.

             Excused: Representative Basich.


             Passed to Committee on Rules for second reading.


March 29, 1995

HB 1969           Prime Sponsor, Representative Reams: Providing for competitive strategies in the delivery of government services. Reported by Committee on Appropriations

 

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by Representatives Silver, Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Foreman; Hargrove; Hickel; Lambert; Lisk; McMorris; Reams; Sehlin and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Chappell; Dellwo; Grant; Jacobsen; Poulsen; Rust; Sheahan; Thibaudeau and Wolfe.


             Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Clements, Cooke, Crouse, Foreman, Hargrove, Hickel, Huff, Lambert, Lisk, McMorris, Pelesky, Reams, Sehlin, Silver and Talcott.

             Voting Nay: Representatives Chappell, Dellwo, G. Fisher, Grant, Jacobsen, Poulsen, Rust, Sheahan, Sommers, Thibaudeau, Valle and Wolfe.

             Excused: Representative Basich.


             Passed to Committee on Rules for second reading.


March 30, 1995

2SSB 5003        Prime Sponsor, Committee on Ways & Means: Providing criteria to be used in determining whether a fund or account receives interest earnings. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.84.092 and 1994 c 2 s 6 (Initiative Measure No. 601), 1993 sp.s. c 25 s 511, 1993 sp.s. c 8 s 1, 1993 c 500 s 6, 1993 c 492 s 473, 1993 c 445 s 4, 1993 c 329 s 2, and 1993 c 4 s 9 are each reenacted and amended to read as follows:

             (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

             (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

             (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

             (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

             (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, the weights and measures account, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

             (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The marine operating fund, the motor vehicle fund, and the transportation fund.

             (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.


             Sec. 2. RCW 43.79A.040 and 1993 sp.s. c 8 s 2 and 1993 c 500 s 5 are each reenacted and amended to read as follows:

             (1) Money in the treasurer's trust fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

             (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

             (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

             (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) of this subsection.

             (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The agricultural local fund, the American Indian scholarship endowment fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, and the self-insurance revolving fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

             (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.


             NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."


             On page 1, line 2 of the title, after "accounts;" strike the remainder of the title and insert "reenacting and amending RCW 43.84.092 and 43.79A.040; providing an effective date; and declaring an emergency."


             Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; R. Fisher; Honeyford; Johnson; Kremen; Poulsen; Regala; Robertson; Rust and Schoesler.


             Voting Yea: Representatives Boldt, Chandler, Chappell, Clements, Delvin, R. Fisher, Honeyford, Johnson, Koster, Kremen, Mastin, McMorris, Poulsen, Regala, Robertson, Rust and Schoesler.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5024          Prime Sponsor, Committee on Human Services & Corrections: Requiring offenders to assist in paying for certain health care services. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 72.10.020 and 1989 c 157 s 3 are each amended to read as follows:

             (1) The department may develop and implement a health services plan for the delivery of health care services to ((inmates)) offenders in the department's ((custody)) correctional facilities, at the discretion of the secretary, and in conformity with state and federal law.

             (2) To discourage the unwarranted use of health care services, all offenders shall participate in the costs of health care services by paying no less than three dollars per health visit. Pursuant to the authority granted in chapter 34.05 RCW, the secretary may collect this amount for health care services directly from an offender's institution account.

             (3) Inmates are required to make copayments under subsection (2) of this section for health care services that are offender initiated. Inmates are not required to pay for emergency treatment or for visits initiated by health care staff or treatment of those conditions that constitute a serious health care need.

             (4) Inmates shall be required to purchase all over-the-counter medications at a nominal charge. Over-the-counter medicines shall only be available on an individual unit dose basis as determined by the department and may be distributed through the inmate store.

             (5) No inmate shall be denied any health care service, including over-the-counter medications, because of inability to pay.

             (6) The department shall adopt rules to implement this section."


             On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "and amending RCW 72.10.020."


             Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representative Ballasiotes.


March 29, 1995

SSB 5092          Prime Sponsor, Committee on Government Operations: Authorizing creation of library capital facility areas. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that it is in the interests of the people of the state of Washington to be able to establish library capital facility areas as quasi-municipal corporations and independent taxing units existing within the boundaries of existing rural county library districts, rural intercounty library districts, rural partial-county library districts, or island library districts, for the purpose of financing the construction of capital library facilities.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Library district" means rural county library district, rural intercounty library district, rural partial-county library district, or island library district.

             (2) "Library capital facility area" means a quasi-municipal corporation and independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, created by a county legislative authority of one or several counties. A library capital facility area may include all or a portion of a city or town.

             (3) "Library capital facilities" includes both real and personal property including, but not limited to, land, buildings, site improvements, equipment, furnishings, collections, and all necessary costs related to acquisition, financing, design, construction, equipping, and remodeling.


             NEW SECTION. Sec. 3. Upon receipt of a completed written request to both establish a library capital facilities area and submit a ballot proposition under section 6 of this act to finance library capital facilities, that is signed by a majority of the members of the board of trustees of a library district or board of trustees of a city or town library, the county legislative authority or county legislative authorities for the county or counties in which a proposed library capital facility area is to be established shall submit separate ballot propositions to voters to authorize establishing the proposed library capital facilities area and authorizing the library capital facilities area, if established, to finance library capital facilities by issuing general indebtedness and imposing excess levies to retire the indebtedness. The ballot propositions may only be submitted to voters at a general election. Approval of the ballot proposition to create a library capital facilities area shall be by a simple majority vote.

             A completed request submitted under this section shall include: (1) A description of the boundaries of the library capital facility area; and (2) a copy of the resolution of the legislative authority of each city or town, and board of trustees of each library district, with territory included within the proposed library capital facilities area indicating both: (a) Its approval of the creation of the proposed library capital facilities area; and (b) agreement on how election costs will be paid for submitting ballot propositions to voters that authorize the library capital facilities area to incur general indebtedness and impose excess levies to retire the general indebtedness.


             NEW SECTION. Sec. 4. The governing body of the library capital facility area shall be three members of the county legislative authority from each county in which the library capital facility area is located. In counties that have more than three members of their legislative body, the three members who shall serve on the governing body of the library capital facility area shall be chosen by the full membership of the county legislative authority. Where the library capital facility area is located in more than one county, a county may be represented by less than three members by mutual agreement of the legislative authorities of the participating counties.


             NEW SECTION. Sec. 5. A library capital facilities area may construct, acquire, maintain, and remodel library capital facilities and the governing body of the library capital facility area may, by interlocal agreement or otherwise, contract with a county, city, town, or library district to design, administer the construction of, operate, or maintain a library capital facility financed pursuant to this chapter. Legal title to library capital facilities acquired or constructed pursuant to this chapter may be transferred, acquired, or held by the library capital facility area or by a county, city, town, or library district in which the facility is located.


             NEW SECTION. Sec. 6. (1) A library capital facility area may contract indebtedness or borrow money to finance library capital facilities and may issue general obligation bonds for such purpose not exceeding an amount, together with any existing indebtedness of the library capital facility area, equal to one and one-quarter percent of the value of the taxable property in the district and impose excess property tax levies to retire the general indebtedness as provided in RCW 39.36.050 if a ballot proposition authorizing both the indebtedness and excess levies is approved by at least three-fifths of the voters of the library capital facility area voting on the proposition, and the total number of voters voting on the proposition constitutes not less than forty percent of the total number of voters in the library capital facility area voting at the last preceding general election. The term "value of the taxable property" has the meaning set forth in RCW 39.36.015. Such a proposition may only be submitted to voters at a general election and may be submitted to voters at the same election as the election when the ballot proposition authorizing the establishing of the library capital facilities district is submitted.

             (2) A library capital facility area may accept gifts or grants of money or property of any kind for the same purposes for which it is authorized to borrow money in subsection (1) of this section.


             NEW SECTION. Sec. 7. (1) A library capital facility area may be dissolved by a majority vote of the governing body when all obligations under any general obligation bonds issued by the library capital facility area have been discharged and any other contractual obligations of the library capital facility area have either been discharged or assumed by another governmental entity.

             (2) A library capital facility area shall be dissolved by the governing body if the first two ballot propositions under section 6 of this act that are submitted to voters are not approved.


             NEW SECTION. Sec. 8. A new section is added to chapter 36.32 RCW to read as follows:

             A county legislative authority may establish a library capital facility area pursuant to chapter 27.-- RCW (sections 1 through 7 of this act).


             NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

             (1) RCW 27.14.010 and 1961 c 162 s 1;

             (2) RCW 27.14.015 and 1963 c 80 s 5;

             (3) RCW 27.14.020 and 1963 c 80 s 1 & 1961 c 162 s 2;

             (4) RCW 27.14.030 and 1963 c 80 s 2 & 1961 c 162 s 3;

             (5) RCW 27.14.035 and 1963 c 80 s 3;

             (6) RCW 27.14.040 and 1963 c 80 s 4 & 1961 c 162 s 4; and

             (7) RCW 27.14.050 and 1961 c 162 s 5.


             NEW SECTION. Sec. 10. Sections 1 through 7 of this act shall constitute a new chapter in Title 27 RCW."


             On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 36.32 RCW; adding a new chapter to Title 27 RCW; and repealing RCW 27.14.010, 27.14.015, 27.14.020, 27.14.030, 27.14.035, 27.14.040, and 27.14.050."


             Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 31, 1995

ESSB 5101       Prime Sponsor, Committee on Natural Resources: Authorizing the director of fish and wildlife to administer game fish catch record cards. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Vice Chairman; Pennington, Vice Chairman; Basich; Regala; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Buck, Cairnes, Elliot, G. Fisher, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Excused: Representatives Beeksma, Fuhrman and Jacobsen.


             Passed to Committee on Rules for second reading.


March 28, 1995

SSB 5106          Prime Sponsor, Committee on Natural Resources: Providing for grizzly bear management. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Romero; Sheldon; Stevens; B. Thomas and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representative Jacobsen.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Voting Nay: Representative Jacobsen.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5120            Prime Sponsor, Long: Providing death benefits under LEOFF. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 2, line 34, strike "41.26.550(2)" and insert "41.50.165(2)"


             On page 3, line 19, strike "41.26.550(2)" and insert "41.50.165(2)"


             Signed by Representatives Silver, Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.


             Voting Yea: Representatives Beeksma, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, Dellwo, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Sommers, Talcott, Thibaudeau, Valle and Wolfe.

             Excused: Representative Basich.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5155          Prime Sponsor, Committee on Ecology & Parks: Exempting from the shoreline management act certain projects that have been granted hydraulic permits. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature recognizes that the shoreline management act requires that local shoreline master programs must provide for use designations that are consistent with state guidelines. The legislature further recognizes that the hydraulic project act requires a permit and complete plans for certain work within the high water line. The legislature therefore finds that the combined state oversight provided by both of these acts may be unnecessary when the same project requires a substantial development permit and a hydraulics permit.


             NEW SECTION. Sec. 2. A new section is added to chapter 90.58 RCW to read as follows:

             (1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply:

             (a) The project has been approved by the department of fish and wildlife;

             (b) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 75.20 RCW; and

             (c) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent.

             (2) Approval authority under chapter 75.20 RCW for a public or private project that is not exempt from the substantial development permit requirements of this chapter, shall be delegated to cities, counties, or towns for projects located within a harbor area of that jurisdiction when an approved shoreline master program exists for that area and the city, town, or county has made a written request for such a delegation of authority."


             In line 2 of the title, after "act;" strike the remainder of the title and insert "adding a new section to chapter 90.58 RCW; and creating a new section."


             Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt and Van Luven.

 

MINORITY recommendation: Do not pass. Signed by Representatives Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Sommers and Wolfe.


             Voting Yea: Representatives Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, L. Thomas and Van Luven.

             Voting Nay: Representatives R. Fisher, Rust, Scott, Sommers and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 29, 1995

ESB 5204         Prime Sponsor, Hargrove: Revising provisions relating to work ethic camps. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 9.94A.137 and 1993 c 338 s 4 are each amended to read as follows:

             (1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:

             (((a))) (i) Is sentenced to a term of total confinement of not less than ((twenty-two)) twenty months or more than thirty-six months;

             (((b))) (ii) Is ((between the ages of)) eighteen ((and twenty-eight)) years of age or older; and

             (((c))) (iii) Has no current or prior convictions for any sex offenses or for violent offenses.

             (b) The sentencing court may consider an offender eligible to be sentenced to a work ethic camp if the offender meets the conditions set forth in (a) of this subsection and is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

             (c) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

             (2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement. The department may identify offenders who are eligible for the work ethic camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp and adjust time served and community custody requirements as prescribed in this section.

             (3) The department shall place the offender in the work ethic camp program, subject to capacity, unless (a) the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, (b) the department determines that the offender's custody level prevents placement in the program, or (c) the offender refuses to agree to the terms and conditions of the program.

             (4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.

             (5) ((The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

             (6))) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training."


             On page 1, line 1 of the title, after "camps;" strike the remainder of the title and insert "and amending RCW 9.94A.137."


             Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representative Ballasiotes.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5234          Prime Sponsor, Committee on Human Services & Corrections: Modifying eligibility for juvenile offender basic training camp option. Reported by Committee on Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.


             Voting Yea: Representatives Blanton, Cole, Dickerson, Koster, Quall, Radcliff, K. Schmidt, Sherstad, Schoesler and Tokuda.

             Excused: Representative Ballasiotes.


             Passed to Committee on Rules for second reading.


March 30, 1995

ESSB 5253       Prime Sponsor, Committee on Health & Long-Term Care: Implementing the public health improvement plan. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Silver, Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.


             Voting Yea: Representatives Basich, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Rust, Sehlin, Sheahan, Silver, Sommers, Talcott, Thibaudeau, Valle and Wolfe.

             Excused: Representatives Beeksma, Dellwo and Reams.


             Passed to Committee on Rules for second reading.


March 30, 1995

ESB 5269         Prime Sponsor, Rasmussen: Raising the maximum cost for raffle tickets to twenty-five dollars. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Goldsmith and Horn.


             Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Goldsmith, Hargrove, Horn, Lisk, Romero and Thompson.

             Excused: Representative Fuhrman.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5281          Prime Sponsor, Committee on Labor, Commerce & Trade: Promoting horse racing. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature that one-half of the money being paid into the Washington thoroughbred racing fund continue to be directed to enhanced purses, and that one-half of the money being paid into the fund continue to be deposited into an escrow or trust account and used for the construction of a new thoroughbred racing facility in western Washington.


             Sec. 2. RCW 67.16.105 and 1994 c 159 s 2 are each amended to read as follows:

             (1) Licensees of race meets that are nonprofit in nature, are of ten days or less, and have an average daily handle of one hundred twenty thousand dollars or less shall withhold and pay to the commission daily for each authorized day of racing one-half percent of the daily gross receipts from all parimutuel machines at each race meet.

             (2) Licensees of race meets that do not fall under subsection (1) of this section shall withhold and pay to the commission daily for each authorized day of racing the following applicable percentage of all daily gross receipts from all parimutuel machines at each race meet:

             (a) If the daily gross receipts of all parimutuel machines are more than two hundred fifty thousand dollars, the licensee shall withhold and pay to the commission daily two and one-half percent of the daily gross receipts; and

             (b) If the daily gross receipts of all parimutuel machines are two hundred fifty thousand dollars or less, the licensee shall withhold and pay to the commission daily one percent of the daily gross receipts.

             (3) In addition to those amounts in subsections (1) and (2) of this section, all licensees shall forward one-tenth of one percent of the daily gross receipts of all parimutuel machines to the commission daily for payment to those nonprofit race meets as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the licensees. The total of such payments shall not exceed one hundred fifty thousand dollars in any one year and any amount in excess of one hundred fifty thousand dollars shall be remitted to the general fund. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and used only for purses at race tracks that have been operating under RCW 67.16.130 and subsection (1) of this section for the five consecutive years immediately preceding the year of payment.

             (4) In addition to those sums paid to the commission in subsection (2) of this section, licensees who are nonprofit corporations and have race meets of thirty days or more shall retain and dedicate: (a) An amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be used solely for the purpose of increasing purses; and (b) an amount equal to one and one-quarter percent of the daily gross receipts of all parimutuel machines at each race meet to be deposited in an escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington. Said percentages shall come from that amount the licensee is authorized to retain under RCW 67.16.170(2). The commission shall adopt such rules as may be necessary to enforce this subsection. ((The provisions of this subsection shall apply through June 1, 1995.))

             (5) In the event the new race track is not constructed before January 1, 2001, all funds including interest, remaining in the escrow or trust account established in subsection (4) of this section, shall revert to the state general fund.

             (((6) Effective June 1, 1995, licensees who are nonprofit corporations and have race meets of thirty days or more shall withhold and pay to the commission daily for each authorized day of racing an amount equal to two and one-half percent of the daily gross receipts of all parimutuel machines at each race meet. These percentages shall come from the amount that the licensee is authorized to retain under RCW 67.16.170(2) and shall be in addition to those sums paid to the commission in subsection (2) of this section. The commission shall deposit these moneys in the Washington thoroughbred racing fund created in RCW 67.16.250.))


             NEW SECTION. Sec. 3. 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 "racing;" strike the remainder of the title and insert "amending RCW 67.16.105; creating a new section; and declaring an emergency."


             Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Goldsmith and Horn.


             Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Goldsmith, Hargrove, Horn, Lisk, Romero and Thompson.

             Excused: Representative Fuhrman.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5325          Prime Sponsor, Committee on Higher Education: Changing higher education fiscal provisions. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


"PART 1 - TUITION AND FEES


             NEW SECTION. Sec. 101. A new section is added to chapter 28B.15 RCW to read as follows:

             The legislature finds that Washington faces a challenge of increasingly daunting proportions as the state attempts to preserve enrollment opportunities for current and future students at the state's colleges and universities. The need to expand access is virtually unquestioned. The state's economy is undergoing a fundamental restructuring from one that was heavily dependent on natural resource-based industries to one that is more dependent on emerging technologies, international trade, and entrepreneurial enterprises. Washington residents need additional education and work force training opportunities to be competitive in this new world. Yet, in the twenty years from the middle 1970's to the middle 1990's, higher education's share of the state budget has declined from about twenty-one percent to about ten and one-half percent of the state general fund. During that same era, enrollments in Washington's public baccalaureate institutions have been strictly controlled, and enrollments in community colleges declined for a time. Currently, Washington ranks second to last nationally in the percentage of its citizens who have an opportunity to attend a public baccalaureate college or university in the state. As the children of the baby boom generation mature, high school graduates will increase fifty percent above the numbers of students graduating in 1995. The members of the baby boom echo generation will begin applying to college in about 1997. Their numbers are expected to peak in the year 2010. Failure to provide postsecondary education and training opportunities for the members of the baby boom echo generation may well restrict their future earning power and constrict the state's opportunity to compete in a technologically complex world.

             The legislature intends to preserve enrollment opportunities for current students and create additional opportunities for future students by restructuring the state's tuition and financial aid systems, working with institutions to decrease the amount of time it takes students to obtain a degree, and removing state laws that impede institutional effectiveness.


             NEW SECTION. Sec. 102. TUITION FEES--UNIVERSITY OF WASHINGTON AND WASHINGTON STATE UNIVERSITY--BUILDING FEES. Total tuition fees for full-time students at the University of Washington and Washington State University for other than the summer term shall be as follows:

             (1) Base tuition. Except as provided in subsection (2) of this section, base tuition fees shall be calculated as a percent of the per student undergraduate or graduate educational costs at the state universities as set forth in (a) through (f) of this subsection. However, if educational costs decrease, or increase at a rate less than four percent over the previous year's educational costs, base tuition fees shall increase a minimum of four percent each year above the tuition fees rate charged the previous year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year above the tuition fees rate charged the previous year. The following calculations shall be used to determine base tuition under this section:

             (a) For resident undergraduate students and all other resident students not in first professional, graduate, or law programs: Forty-one percent of undergraduate educational costs;

             (b) For nonresident undergraduate students and all other nonresident students not in graduate or law programs: One hundred twenty-three percent of undergraduate educational costs;

             (c) For resident graduate and law students: Twenty-eight and one-half of one percent of graduate educational costs;

             (d) For nonresident graduate and law students: Seventy-four percent of graduate educational costs;

             (e) For resident first professional students: One hundred sixty-seven percent of the tuition fees charged to resident graduate and law students; and

             (f) For nonresident first professional students: One hundred sixty-seven percent of the tuition fees charged to nonresident graduate and law students.

             (2) For the 1995-96 and 1996-97 academic years, base tuition fees for resident undergraduate students and all other resident students not enrolled in first professional, graduate, or law programs shall increase five percent each year above the rate charged during the previous academic year. For the 1995-96 and 1996-97 academic years, base tuition fees for all other students shall increase five percent each year above the rate charged during the previous academic year to students in the same tuition categories.

             (3) Surcharge tuition. State universities may annually assess a surcharge in addition to base tuition fees. The amount of the surcharge assessed in any year shall not be included in base tuition fees in the next academic year. In any academic year, the maximum percentage surcharge levied on base tuition shall be as follows:

             (a) For full-time resident undergraduate students and other full-time resident students not in first professional, graduate, or law programs, a maximum of ten percent. A surcharge under this subsection (3)(a) shall not be levied before the 1997-98 academic year;

             (b) For full-time resident first professional, graduate, and law students, a maximum of twenty percent in each tuition category; and

             (c) For full-time nonresident students, a maximum of thirty percent in each tuition category.

             (4) Building fees. The building fees for each academic year shall be based on the percent, as set forth in (a) through (f) of this subsection, of tuition fees specified in subsections (1) and (2) of this section:

             (a) Resident undergraduate students and all other resident students not in graduate study or law programs or enrolled in programs leading to a first professional degree: Five percent;

             (b) Nonresident undergraduate students and all other nonresident students not in graduate study or law programs or enrolled in programs leading to a first professional degree: Four and one-half of one percent;

             (c) Resident graduate and law students not enrolled in a first professional degree program: Three percent;

             (d) Nonresident graduate and law students not enrolled in a first professional degree program: Three and one-half of one percent;

             (e) Resident first professional students: Five percent; and

             (f) Nonresident first professional students: Three percent.

             (5) As used in this section, "tuition category" means the separate tuition fees categories established in subsection (1) (a) through (f) of this section.


             NEW SECTION. Sec. 103. TUITION FEES--REGIONAL UNIVERSITIES--BUILDING FEES. Tuition fees charged to all full-time students at the regional universities for other than the summer term shall be as follows:

             (1) Base tuition. Except as provided in subsection (2) of this section, base tuition fees shall be calculated as a percent of the per student undergraduate or graduate educational costs at the regional universities as set forth in (a) through (d) of this subsection. However, if educational costs decrease, or increase at a rate less than four percent over the previous year's educational costs, base tuition fees shall increase a minimum of four percent each year above the tuition fees rate charged the previous year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year above the tuition fees rate charged the previous year. The following calculations shall be used to determine base tuition under this section:

             (a) Resident undergraduate students and all other resident students not in graduate study programs: Thirty-one and one-half of one percent of undergraduate educational costs;

             (b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: One hundred twenty-three percent of undergraduate educational costs;

             (c) Resident graduate students: Twenty-nine percent of graduate educational costs; and

             (d) Nonresident graduate students: Ninety-two percent of graduate educational costs.

             (2) For the 1995-96 and 1996-97 academic years, base tuition fees for resident undergraduate students and all other resident students not enrolled in graduate programs shall increase five percent each year above the rate charged during the previous academic year. For the 1995-96 and 1996-97 academic years, base tuition fees for all other students shall increase five percent each year above the rate charged during the previous academic year to students in the same tuition categories.

             (3) Surcharge tuition. The regional universities may annually assess a surcharge in addition to base tuition fees. The amount of the surcharge assessed in any year shall not be included in base tuition fees in the next academic year. In any academic year, the maximum percentage surcharge levied on base tuition shall be as follows:

             (a) For full-time resident undergraduate students and other full-time resident students not in graduate programs, a maximum of ten percent. A surcharge under this subsection (3)(a) shall not be levied before the 1997-98 academic year;

             (b) For full-time resident graduate students, a maximum of twenty percent; and

             (c) For full-time nonresident students, a maximum of thirty percent in each tuition category.

             (4) Building fees. The building fees for each academic year shall be based on the percent, as set forth in (a) through (d) of this subsection, of base tuition fees specified in subsections (1) and (2) of this section:

             (a) Resident undergraduate students and all other resident students not in graduate study programs: Four percent;

             (b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: Four percent;

             (c) Resident graduate students: Two and one-half of one percent; and

             (d) Nonresident graduate students: Three percent.

             (5) As used in this section, "tuition category" means the separate tuition fees categories established in subsection (1) (a) through (d) of this section.


             NEW SECTION. Sec. 104. TUITION FEES--THE EVERGREEN STATE COLLEGE--BUILDING FEES. Tuition fees charged to all full-time students at The Evergreen State College for other than the summer term shall be as follows:

             (1) Base tuition. Base tuition fees shall be calculated as a percent of the per student undergraduate or graduate educational costs at The Evergreen State College as set forth in (a) through (d) of this subsection. However, beginning with the 1996-97 academic year, if educational costs decrease, or increase at a rate less than four percent over the previous year's educational costs, base tuition fees shall increase a minimum of four percent each year above the tuition fees rate charged the previous year. Beginning with the 1996-97 academic year, if educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year above the tuition fees rate charged the previous year. The following calculations shall be used to determine base tuition under this section:

             (a) Resident undergraduate students and all other resident students not in graduate study programs: Thirty-two percent of undergraduate educational costs;

             (b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: One hundred sixteen percent of undergraduate educational costs;

             (c) Resident graduate students: Forty-five percent of graduate educational costs; and

             (d) Nonresident graduate students: One hundred forty-five and one-half of one percent of graduate educational costs.

             (2) Surcharge tuition. Beginning in the 1997-98 academic year, The Evergreen State College may annually assess a surcharge in addition to base tuition fees. The amount of the surcharge assessed in any year shall not be included in base tuition fees the next year. In any academic year, the maximum percentage surcharge levied on base tuition shall be as follows:

             (a) For full-time resident undergraduate students and other full-time resident students not in graduate programs, a maximum of ten percent;

             (b) For full-time resident graduate students, a maximum of twenty percent; and

             (c) For full-time nonresident students, a maximum of thirty percent in each tuition category.

             (3) Building fees. The building fees for each academic year shall be based on the percent, as set forth in (a) through (d) of this subsection, of base tuition fees specified in subsection (1) of this section:

             (a) Resident undergraduate students and all other resident students not in graduate study programs: Four percent;

             (b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: Four percent;

             (c) Resident graduate students: Two and one-half of one percent; and

             (d) Nonresident graduate students: Three percent.

             (4) As used in this section, "tuition category" means the separate tuition fees categories established in subsection (1) (a) through (d) of this section.


             NEW SECTION. Sec. 105. TUITION FEES--COMMUNITY COLLEGES--BUILDING FEES. Total tuition fees at each community college for full-time students for other than the summer term shall be set by the state board for community and technical colleges as follows:

             (1) Base tuition. Except as provided in subsection (2) of this section, base tuition fees shall be calculated as a percent of the per student undergraduate or graduate educational costs at the community colleges as set forth in (a) and (b) of this subsection. However, if educational costs decrease, or increase at a rate less than four percent over the previous year's educational costs, base tuition fees shall increase a minimum of four percent each year above the tuition fees rate charged the previous year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year above the tuition fees rate charged the previous year. The following calculations shall be used to determine base tuition under this section:

             (a) Resident students: Twenty-nine percent of undergraduate educational costs; and

             (b) Nonresident students: One hundred twenty-three percent of undergraduate educational costs.

             (2) For the 1995-96 and 1996-97 academic years, base tuition fees for resident students shall increase five percent each year above the rate charged during the previous academic year. For the 1995-96 and 1996-97 academic years, base tuition fees for nonresident students shall increase five percent each year above the rate charged during the previous academic year.

             (3) Surcharge tuition. The community colleges may annually assess a surcharge in addition to base tuition fees. The amount of the surcharge assessed in any year shall not be included in base tuition fees in the next academic year. The amount of any surcharge is subject to guidelines adopted by the state board for community and technical colleges. In adopting its guidelines, the board shall consider the special needs of individual colleges within the system as well as the system as a whole. The board may permit surcharge amounts to vary among colleges. In any academic year, the maximum percentage surcharge levied on base tuition shall be as follows:

             (a) For full-time resident students, a maximum of ten percent. A surcharge under this subsection (3)(a) shall not be levied before the 1997-98 academic year; and

             (b) For full-time nonresident students, a maximum of thirty percent.

             (4) Building fees. The building fees for each academic year shall be based on the percent, as set forth in (a) and (b) of this subsection, of tuition fees specified in subsections (1) and (2) of this section:

             (a) Resident students: Eleven percent; and

             (b) Nonresident students: Eight and one-half of one percent.


             NEW SECTION. Sec. 106. A new section is added to chapter 28B.15 RCW to read as follows:

             Each state university, regional university, and state college may charge a differential program fee in up to three degree programs. The basis for determining the fee may be: Higher than average costs of offering the program, differential tuition rates charged for that type of program at peer institutions, or other unique characteristics associated with the program.


             NEW SECTION. Sec. 107. A new section is added to chapter 28B.15 RCW to read as follows:

             It is the policy of the state of Washington that each state university, regional university, and state college, and the community and technical college system as a whole maintain or improve the percentage that resident students comprised of total budgeted full-time equivalent enrollments during the 1994-95 academic year. It is also the policy of the state of Washington that state general fund support for full-time equivalent students be used for resident students and for only those nonresident students who are within the percentage that nonresident students comprised of the budgeted full-time equivalent enrollment at each institution during the 1994-95 academic year. Additional nonresident students may be included above the budgeted enrollment level, at the option of the institution.


             NEW SECTION. Sec. 108. A new section is added to chapter 28B.15 RCW to read as follows:

             (1) As used in this section, "excess credit" means any credit taken by a resident undergraduate student or a resident student who is not enrolled in a first professional, graduate, or law program and who is attending a state university, regional university, or The Evergreen State College, if the student:

             (a) Does not meet the requirements of (b) or (c) of this subsection but has accumulated more than one hundred fifteen percent of the number of credits required to complete the student's baccalaureate degree program; or

             (b) Has an associate degree from a community college and has accumulated more than one hundred twenty-five percent of the number of credits required to complete the student's baccalaureate degree program; or

             (c) Has accumulated more than forty-five quarter credits or their equivalent at a college or university other than a state university, regional university, or state college, each as defined in RCW 28B.10.016 and has accumulated more than one hundred twenty-five percent of the number of credits required to complete the student's baccalaureate degree program.

             (2)(a) Except as provided in (b) of this subsection, state universities, regional universities, and The Evergreen State College may collect a surcharge from any resident student who is enrolled for excess credits. The amount of the surcharge may vary by credit or percentage thresholds, or may be based on special circumstances, each as established by the institution.

             (b) Students who are required to take continuing education credits as a condition of licensure or state law shall be exempted from the excess credits surcharge for any credits taken as a result of the requirements.

             (c) With the exception of students who are required to take continuing education credits as a condition of licensure or state law, no state general fund support shall be provided at state universities, regional universities, and The Evergreen State College for resident undergraduate students and other resident students not enrolled in first professional, graduate, or law programs if the students have accumulated more than one hundred fifty percent of the number of credits necessary to complete their baccalaureate degree programs.


             Sec. 109. RCW 28B.15.005 and 1977 ex.s. c 169 s 33 are each amended to read as follows:

             (1) "Colleges and universities" for the purposes of this chapter shall mean Central Washington University at Ellensburg, Eastern Washington University at Cheney, Western Washington University at Bellingham, The Evergreen State College in Thurston county, community colleges as are provided for in chapter 28B.50 RCW, the University of Washington, and Washington State University.

             (2) "State universities" for the purposes of this chapter shall mean the University of Washington and Washington State University.

             (3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern Washington University and Western Washington University.

             (4) "State college" means The Evergreen State College.

             (5) "First professional program" means a program leading to one of the following degrees: Doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine.


             Sec. 110. RCW 28B.15.031 and 1993 sp.s. c 18 s 6 and 1993 c 379 s 201 are each reenacted and amended to read as follows:

             The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees surcharges for excess credits under section 108 of this act, program fees under section 106 of this act, or fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest((: PROVIDED, That two and one-half percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of)), except as provided in RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.


             Sec. 111. RCW 28B.15.041 and 1985 c 390 s 14 are each amended to read as follows:

             (1) The term "services and activities fees" as used in this chapter is defined to mean fees, other than tuition fees, charged to all students registering at the state's community colleges, regional universities, The Evergreen State College, and state universities.

             (2) Services and activities fees shall be used as otherwise provided by law or by rule ((or regulation)) of the board of trustees or regents of each of the state's community colleges, The Evergreen State College, the regional universities, or the state universities for the express purpose of funding student activities and programs of their particular institution.

             (3) Student activity fees, student use fees, student building use fees, special student fees, or other similar fees charged to all full time students, or to all students, as the case may be, registering at the state's colleges or universities and pledged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300 as now or hereafter amended, shall be included within and deemed to be services and activities fees.

             (4) The governing boards of each of the colleges and universities shall charge to and collect from each student a services and activities fee. Each governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage increase not to exceed the percentage increase in resident undergraduate tuition fees. The percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

             (5) Services and activities fees consistent with subsection (4) of this section shall be set by the state board for community and technical colleges for summer school students unless the community college charges fees in accordance with RCW 28B.15.515.


             Sec. 112. RCW 28B.15.066 and 1993 c 379 s 205 are each amended to read as follows:

             It is the intent of the legislature that:

             In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

             (1) The appropriation shall be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act and the estimated interest on operating fees revenue, minus obligations under RCW 28B.15.820 and 43.99I.040, minus any revenue an institution may have raised by assessing a tuition fees surcharge as permitted in sections 102(3), 103(3), 104(2), and 105(3) of this act and minus the amount of waived operating fees authorized under RCW 28B.15.910;

             (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; ((and))

             (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910; and

             (4) The general fund state appropriation shall not be reduced by the amount of revenue collected from tuition fees surcharges authorized under sections 102(3), 103(3), 104(2), and 105(3) of this act.


             Sec. 113. RCW 28B.15.067 and 1992 c 231 s 4 are each amended to read as follows:

             (1) Base tuition fees shall be established and adjusted annually under the provisions of this chapter beginning with the 1987-88 academic year. Such fees shall be identical, subject to other provisions of this chapter, for students enrolled at either state university, for students enrolled at the regional universities ((and)), for students enrolled at The Evergreen State College, and for students enrolled at any community college. Base tuition fees shall reflect the undergraduate and graduate educational costs of the state universities, the regional universities, The Evergreen State College, and the community colleges, respectively, in ((the amounts prescribed in)) accordance with the provisions of this chapter.

             (2) The total tuition fees established under this chapter shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.


             Sec. 114. RCW 28B.15.070 and 1992 c 231 s 5 are each amended to read as follows:

             (1) The higher education coordinating board, in consultation with the house of representatives and senate committees responsible for higher education, the respective fiscal committees of the house of representatives and senate, the office of financial management, and the state institutions of higher education, shall develop by December of every fourth year beginning in 1989, definitions, criteria, and procedures for determining the undergraduate and graduate educational costs for the state universities, regional universities, state college, and community colleges upon which tuition fees will be based.

             (2) Every four years, the state institutions of higher education in cooperation with the higher education coordinating board shall perform an educational cost study pursuant to subsection (1) of this section. The study shall be conducted based on every fourth academic year beginning with 1989-90. Institutions shall complete the studies within one year of the end of the study year and report the results to the higher education coordinating board for consolidation, review, and distribution.

             (3) In order to conduct the study required by subsection (2) of this section, the higher education coordinating board, in cooperation with the institutions of higher education, shall develop a methodology that requires the collection of comparable educational cost data, which utilizes a faculty activity analysis or similar instrument.


             Sec. 115. RCW 28B.15.076 and 1989 c 245 s 4 are each amended to read as follows:

             The higher education coordinating board shall determine and transmit amounts constituting approved undergraduate and graduate educational costs to the several boards of regents and trustees of the state institutions of higher education by November 10 of each even-numbered year except the year 1990 for which the transmittal shall be made by December 17. Base tuition fees shall be based on such costs in accordance with the provisions of this chapter.


             NEW SECTION. Sec. 116. A new section is added to chapter 28B.15 RCW to read as follows:

             Subject to the limitations of RCW 28B.15.910, the governing board of each community college may charge such fees for ungraded courses, noncredit courses, community service courses, and self-supporting courses as it, in its discretion, determines, consistent with the rules of the state board for community and technical colleges.


PART 2 - FINANCIAL AID


             Sec. 201. RCW 28B.15.740 and 1993 sp.s. c 18 s 28 are each amended to read as follows:

             (1) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive all or a portion of tuition and fees ((subject to the following restrictions:

             (1) Except as provided in subsection (2) of this section, the total dollar amount of tuition and fee waivers awarded by the governing boards shall not exceed four percent, except for the community colleges considered as a whole, such amount shall not exceed three percent of an amount determined by estimating the total collections from tuition and services and activities fees had no such waivers been made, and deducting the portion of that total amount that is attributable to the difference between resident and nonresident fees: PROVIDED, That at least three-fourths of the dollars waived shall be)) for needy students who are eligible for resident tuition and fee rates pursuant to RCW 28B.15.012 and 28B.15.013((: PROVIDED FURTHER, That the remainder of the dollars waived, not to exceed one-fourth of the total, may be applied to)). Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive all or a portion of tuition and fees for other students at the discretion of the governing boards, except on the basis of participation in intercollegiate athletic programs((: PROVIDED FURTHER, That the waivers for undergraduate and graduate students of foreign nations under RCW 28B.15.556 are not subject to the limitation under this section)), not to exceed three-fourths of one percent of gross authorized operating fees revenue under RCW 28B.15.910 for the community colleges considered as a whole and not to exceed one percent of gross authorized operating fees revenue for the other institutions of higher education.

             (2) In addition to the tuition and fee waivers provided in subsection (1) of this section and subject to the provisions of RCW 28B.15.455 ((and)), 28B.15.460, and 28B.15.910, a total dollar amount of tuition and fee waivers awarded by any state university, regional university, or state college under this chapter, not to exceed one percent, as calculated in subsection (1) of this section, may be used for the purpose of achieving or maintaining gender equity in intercollegiate athletic programs. At any institution that has an underrepresented gender class in intercollegiate athletics, any such waivers shall be awarded:

             (a) First, to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; and

             (b) Second, (i) to nonmembers of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for members of the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; or (ii) to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers do not result in any saved or displaced money that can be used for athletic programs for members of the underrepresented gender class.


             Sec. 202. RCW 28B.15.820 and 1993 c 385 s 1 and 1993 c 173 s 1 are each reenacted and amended to read as follows:

             (1) Each institution of higher education, except technical colleges, shall deposit a minimum of two and one-half percent of revenues collected from tuition and services and activities fees in an institutional financial aid fund that is hereby created and which shall be held locally. Moneys in the fund shall be used only for the following purposes: (a) To make guaranteed long-term loans to eligible students as provided in subsections (3) through (8) of this section; (b) to make short-term loans as provided in subsection (9) of this section; or (c) to provide financial aid to needy students as provided in subsection (10) of this section.

             (2) An "eligible student" for the purposes of subsections (3) through (8) and (10) of this section is a student registered for at least six credit hours or the equivalent, who is eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.013, and who is a "needy student" as defined in RCW 28B.10.802.

             (3) The amount of the guaranteed long-term loans made under this section shall not exceed the demonstrated financial need of the student. Each institution shall establish loan terms and conditions which shall be consistent with the terms of the guaranteed loan program established by 20 U.S. Code Section 1071 et seq., as now or hereafter amended. All loans made shall be guaranteed by the Washington student loan guaranty association or its successor agency. Institutions are hereby granted full authority to operate as an eligible lender under the guaranteed loan program.

             (4) Before approving a guaranteed long-term loan, each institution shall analyze the ability of the student to repay the loan based on factors which include, but are not limited to, the student's accumulated total education loan burdens and the employment opportunities and average starting salary characteristics of the student's chosen fields of study. The institution shall counsel the student on the advisability of acquiring additional debt, and on the availability of other forms of financial aid.

             (5) Each institution is responsible for collection of guaranteed long-term loans made under this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor agency, in the coordinated collection of guaranteed loans, and shall assure that the guarantability of the loans is not violated. Collection and servicing of guaranteed long-term loans under this section shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency: PROVIDED, That institutions be permitted to perform such servicing if specifically recognized to do so by the Washington student loan guaranty association or its successor agency. Collection and servicing of guaranteed long-term loans made by community colleges under subsection (1) of this section shall be coordinated by the state board for community and technical colleges and shall be conducted under procedures adopted by the state board.

             (6) Receipts from payment of interest or principal or any other subsidies to which institutions as lenders are entitled, that are paid by or on behalf of borrowers of funds under subsections (3) through (8) of this section, shall be deposited in each institution's financial aid fund and shall be used to cover the costs of making the guaranteed long-term loans under this section and maintaining necessary records and making collections under subsection (5) of this section: PROVIDED, That such costs shall not exceed five percent of aggregate outstanding loan principal. Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be deposited in the institution's financial aid fund.

             (7) The governing boards of the state universities, the regional universities, and The Evergreen State College, and the state board for community and technical colleges, on behalf of the community colleges, shall each adopt necessary rules and regulations to implement this section.

             (8) First priority for any guaranteed long-term loans made under this section shall be directed toward students who would not normally have access to educational loans from private financial institutions in Washington state, and maximum use shall be made of secondary markets in the support of loan consolidation.

             (9) Short-term loans, not to exceed one year, may be made from the institutional financial aid fund to students enrolled in the institution. No such loan shall be made to any student who is known by the institution to be in default or delinquent in the payment of any outstanding student loan. A short-term loan may be made only if the institution has ample evidence that the student has the capability of repaying the loan within the time frame specified by the institution for repayment.

             (10) Any moneys deposited in the institutional financial aid fund that are not used in making long-term or short-term loans may be used by the institution for locally-administered financial aid programs for needy students, such as need-based institutional employment programs or need-based tuition and fee scholarship or grant programs. These funds shall be used in addition to and not to replace institutional funds that would otherwise support these locally-administered financial aid programs. First priority in the use of these funds shall be given to needy students who have accumulated excessive educational loan burdens. An excessive educational loan burden is a burden that will be difficult to repay given employment opportunities and average starting salaries in the student's chosen fields of study. Second priority in the use of these funds shall be given to needy single parents, to assist these students with their educational expenses, including expenses associated with child care and transportation.


             NEW SECTION. Sec. 203. It is the intent of the legislature to restructure the state's system of financial aid. Funding levels for the state's system of financial aid are subject to available funds. The restructured financial aid system shall be known as college promise. In designing college promise, the higher education coordinating board shall follow these goals:

             (1) For all need-based financial aid programs under RCW 28B.10.790 through 28B.10.824 and chapters 28B.12 and 28B.101 RCW:

             (a) Through a mix of federal, state, and other resources:

             (i) Limit the debt of an undergraduate student to no more than one-half of a student's cost of attendance; and

             (ii) Provide more self-help opportunities than grant aid to middle-income students, and approximately equal amounts of self-help opportunities and grant aid to low-income and lower middle-income students. Self-help opportunities include work-study and loans;

             (b) In determining eligibility for state financial aid programs, shelter home equity on a family's principal place of residence, and shelter a reasonable portion of savings and farm or business net worth, each insofar as is permissible under state and federal law;

             (c) Consistent with federal law, simplify the financial aid application process;

             (d) Strive to preserve a range of educational options for needy students, including choice of institutions and programs;

             (e) Recognize otherwise unfunded equipment and assistance needed to reasonably accommodate students with disabilities; and

             (f) Deliver clear and timely information to current and future postsecondary students about the costs of attending college and available financial aid.

             (2) For the state need grant program under RCW 28B.10.790 through 28B.10.824: As funds are available, expand the program to include new populations of resident students in the following priority order, ensuring that undergraduate students with the most demonstrated financial need receive full grants before less needy students receive any grant:

             (a) Low-income undergraduates;

             (b) Lower middle-income undergraduates;

             (c) Middle-income undergraduates; and

             (d) Resident graduate and professional students, following the income priorities established for undergraduate students.

             (3) For the state work-study program under chapter 28B.12 RCW: Increase employment opportunities including off-campus job opportunities with off-campus community service employers.


             NEW SECTION. Sec. 204. (1) By January 1, 1997, the higher education coordinating board, in consultation with the house of representatives and senate higher education and fiscal committees, and the institutions of higher education, shall develop a detailed implementation plan for college promise. In preparing the plan, the board shall follow the goals and priorities set forth in section 203 of this act. The plan shall include, but not be limited to:

             (a) Specific program eligibility measures;

             (b) Estimates of how many state residents would be eligible for assistance in the state need grant and state work-study programs under the goals adopted in section 203 of this act;

             (c) Estimates of the costs for each state financial aid program, including the state need grant program under RCW 28B.10.790 through 28B.10.824; the state work-study program under chapter 28B.12 RCW; and the educational opportunity grant program under chapter 28B.101 RCW to accommodate any new aid applicants estimated under (b) of this subsection, as offset by nonstate sources of aid.

             (2) The plan shall be deemed approved on June 30, 1997, unless legislation is enacted to alter the policies set forth in the plan. The board shall also propose to the legislature any changes to the laws governing state financial aid programs that it deems necessary to accomplish the purposes of college promise.


PART 3 - MISCELLANEOUS


             Sec. 301. RCW 28B.50.095 and 1991 c 238 s 36 are each amended to read as follows:

             In addition to other powers and duties, the college board may issue rules ((and regulations)) permitting a student to register at more than one community and technical college, provided that such student shall pay tuition and fees as if the student were registered at a single college, but not to exceed tuition and fees charged a full-time student as established ((by RCW 28B.15.502)) under chapter 28B.15 RCW.


             NEW SECTION. Sec. 302. The following acts or parts of acts are each repealed:

             (1) RCW 28B.15.202 and 1993 sp.s. c 18 s 8, 1993 c 379 s 202, 1992 c 231 s 7, 1985 c 390 s 19, 1982 1st ex.s. c 37 s 18, & 1981 c 257 s 6;

             (2) RCW 28B.15.402 and 1993 sp.s. c 18 s 11, 1993 c 379 s 203, 1992 c 231 s 10, 1989 c 245 s 1, 1985 c 390 s 24, 1982 1st ex.s. c 37 s 19, & 1981 c 257 s 7; and

             (3) RCW 28B.15.502 and 1993 sp.s. c 18 s 12, 1993 c 379 s 204, 1992 c 231 s 11, 1991 c 353 s 2, 1985 c 390 s 25, 1982 1st ex.s. c 37 s 10, & 1981 c 257 s 8.


             NEW SECTION. Sec. 303. Captions and part headings used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 304. Sections 101 through 116, 201, 202, 204, and 301 through 303 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.


             NEW SECTION. Sec. 305. Section 203 of this act shall take effect July 1, 1997.


             NEW SECTION. Sec. 306. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


             On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 28B.15.005, 28B.15.041, 28B.15.066, 28B.15.067, 28B.15.070, 28B.15.076, 28B.15.740, and 28B.50.095; reenacting and amending RCW 28B.15.031 and 28B.15.820; adding new sections to chapter 28B.15 RCW; creating new sections; repealing RCW 28B.15.202, 28B.15.402, and 28B.15.502; providing effective dates; and declaring an emergency."


             Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Blanton; Delvin; Goldsmith; Mastin and Sheahan.

 

MINORITY recommendation: Do not pass. Signed by Representatives Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich and Benton.


             Voting Yea: Representatives Blanton, Carlson, Delvin, Goldsmith, Mastin, Mulliken and Sheahan.

             Voting Nay: Representatives Basich, Benton, Jacobsen and Mason.


             Passed to Committee on Rules for second reading.


March 29, 1995

SB 5351            Prime Sponsor, Wojahn: Allowing cities to require family day-care provider's home facilities loading areas to be certified by the office of child care policy licensor. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.


             Voting Yea: Representatives R. Fisher, Goldsmith, Hargrove, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5402          Prime Sponsor, Committee on Labor, Commerce & Trade: Revising provisions related to industrial insurance penalties. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 2, after line 10, insert the following:

             "Sec. 2. RCW 51.32.020 and 1977 ex.s. c 350 s 39 are each amended to read as follows:

             If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dependent of the worker shall receive any payment under this title.

             If injury or death results to a worker from the deliberate intention of a beneficiary of that worker to produce the injury or death, or if injury or death results to a worker as a consequence of a beneficiary of that worker engaging in the attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this title.

             An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.

             No payment shall be made to or for a natural child of a deceased worker and, at the same time, as the stepchild of a deceased worker.


             Sec. 3. RCW 51.32.040 and 1987 c 75 s 7 are each amended to read as follows:

             (1) Except as provided in RCW 43.20B.720 and 74.20A.260, no money paid or payable under this title shall, ((except as provided for in RCW 43.20B.720 or 74.20A.260, prior to)) before the issuance and delivery of the check or warrant ((therefor)), be ((capable of being)) assigned, charged, or ((ever be)) taken in execution ((or)), attached ((or)), garnished, ((nor shall the same)) or pass((,)) or be paid((,)) to any other person by operation of law, ((or by)) any form of voluntary assignment, or power of attorney. Any such assignment or charge ((shall be)) is void((,)) unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045 ((shall be made: PROVIDED, That)).

             (2)(a) If any worker suffers (i) a permanent partial injury((,)) and dies from some other cause than the accident which produced ((such)) the injury before he or she ((shall have received)) receives payment of ((his or her)) the award for ((such)) the permanent partial injury((,)) or ((if any worker suffers)) (ii) any other injury before he or she ((shall have received)) receives payment of any monthly installment covering any period of time ((prior to)) before his or her death, the amount of ((such)) the permanent partial disability award((,)) or ((of such)) the monthly payment, or both, shall be paid to the surviving spouse((,)) or ((to)) the child or children if there is no surviving spouse((: PROVIDED FURTHER, That,)).

             (b) If any worker suffers an injury and dies ((therefrom)) from it before he or she ((shall have received)) receives payment of any monthly installment covering time loss for any period of time ((prior to)) before his or her death, the amount of ((such)) the monthly payment shall be paid to the surviving spouse((,)) or ((to)) the child or children if there is no surviving spouse((: PROVIDED FURTHER, That)).

             (c) Any application for compensation under ((the foregoing provisos of this section)) this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death((: PROVIDED FURTHER, That)). However, if the injured worker resided in the United States as long as three years ((prior to)) before the date of injury, ((such)) payment under this subsection (2) shall not be made to any surviving spouse or child who was at the time of the injury a nonresident of the United States((: PROVIDED FURTHER, That)).

             (3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible ((therefor)) for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of ((such)) the compensation canceled during the period of confinement ((but)). After discharge from the institution, payment of benefits ((thereafter)) due afterward shall be paid if ((such)) the worker or beneficiary would, ((but)) except for the provisions of this ((proviso)) subsection (3), otherwise be entitled ((thereto: PROVIDED FURTHER, That)) to them.

             (b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she ((shall be)) is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in ((such)) the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence((: PROVIDED FURTHER, That)).

             (c) If ((such incarcerated)) the confined worker has any beneficiaries during ((such)) the confinement period during which benefits are canceled under (a) or (b) of this subsection, ((any beneficiaries,)) they shall be paid directly the monthly benefits which would have been paid to ((him or her)) the worker for himself or herself and ((his or her)) the worker's beneficiaries had ((he or she)) the worker not been ((so)) confined.

             (4) Any lump sum benefits to which ((the)) a worker would otherwise be entitled but for the provisions of ((these provisos)) this section shall be paid on a monthly basis to his or her beneficiaries."


             On page 4, after line 26, insert the following:

             "NEW SECTION. Sec. 6. Sections 2 and 3 of this act shall apply from the effective date of this act without regard to the date of injury or the date of filing a claim."


             Signed by Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Conway, Assistant Ranking Minority Member; Cairnes; Cody; Cole; Goldsmith and Horn.


             Voting Yea: Representatives Cairnes, Cody, Cole, Conway, Goldsmith, Hargrove, Horn, Lisk, Romero and Thompson.

             Excused: Representative Fuhrman.


             Passed to Committee on Rules for second reading.


March 29, 1995

SSB 5403          Prime Sponsor, Committee on Ecology & Parks: Establishing the Washington state horse park. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 3, beginning on line 17, after "(1)" strike all material through "The" on line 19, and insert "A nonprofit corporation may be formed under the nonprofit corporation provisions of chapter 24.03 RCW to carry out the purposes of this chapter. Except as provided in section 5 of this act, the"


             On page 4, after line 13, insert the following:

             "(3) The articles of incorporation shall include a policy that provides for the preferential use of a specific area of the horse park facilities at nominal cost for horse groups associated with youth groups and the disabled."


             On page 4, line 14, strike "(3)" and insert "(4)"


             On page 4, line 17, strike "(4)" and insert "(5)"


             On page 4, beginning on line 26, after "agency" strike ", other than the authority,"


             On page 6, line 3, strike "is encouraged to" and insert "shall"


             On page 6, line 5, strike "is also encouraged to" and insert "shall also"


             Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Beeksma, Buck, Cairnes, Elliot, G. Fisher, Fuhrman, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.


             Passed to Committee on Rules for second reading.


March 31, 1995

ESB 5409         Prime Sponsor, Owen: Providing compensation for wildlife agents injured on duty. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Cairnes; Elliot; G. Fisher; Jacobsen; Romero; Sheldon; Stevens; B. Thomas and Thompson.


             Voting Yea: Representatives Basich, Buck, Cairnes, Elliot, G. Fisher, Jacobsen, Pennington, Regala, Romero, Sheldon, Stevens, B. Thomas and Thompson.

             Excused: Representatives Beeksma and Fuhrman.


             Referred to Committee on Appropriations.


March 30, 1995

SB 5445            Prime Sponsor, Owen: Clarifying responsibility for abandoned vehicles. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass with the following amendment:


             On page 4, line 32, after "section" insert "and removed at the direction of law enforcement"


             On page 4, line 34, after "redeemed" strike "after impound"


             On page 6, line 2, after "complaint by a" strike "person who" and insert "registered tow truck operator that"


             On page 6, line 4, after "officer" insert "of the law enforcement agency responsible for directing the removal of the vehicle"


             On page 6, line 6, after "infraction" insert ", on a form prescribed by the department of licensing,"


             Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Chandler; Chopp; Elliot; Hankins; Horn; Johnson; Koster; McMahan; Ogden; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives Backlund, Blanton, Brown, Buck, Cairnes, Chandler, Chopp, Elliot, R. Fisher, Hankins, Hatfield, Horn, Johnson, Koster, McMahan, Mitchell, Ogden, Robertson, Romero, D. Schmidt, K. Schmidt, Scott, Skinner and Tokuda.

             Excused: Representatives Benton, Patterson and Quall.


             Passed to Committee on Rules for second reading.


March 29, 1995

2SSB 5476        Prime Sponsor, Committee on Ways & Means: Sharing leave and personal holiday time. Reported by Committee on Government Operations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 41.04.660 and 1990 c 23 s 1 are each amended to read as follows:

             The Washington state leave sharing program is hereby created. The purpose of the program is to permit state employees, at no significantly increased cost to the state of providing annual ((or)) leave, sick leave, or personal holidays, to come to the aid of a fellow state employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.


             Sec. 2. RCW 41.04.665 and 1990 c 23 s 2 are each amended to read as follows:

             (1) An agency head may permit an employee to receive leave under this section if:

             (a) The employee suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to:

             (i) Go on leave without pay status; or

             (ii) Terminate state employment;

             (b) The employee's absence and the use of shared leave are justified;

             (c) The employee has depleted or will shortly deplete his or her annual leave and sick leave reserves;

             (d) The employee has abided by agency rules regarding sick leave use; and

             (e) The employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW.

             (2) The agency head shall determine the amount of leave, if any, which an employee may receive under this section. However, an employee shall not receive a total of more than two hundred sixty-one days of leave.

             (3) An employee who has an accrued annual leave balance of more than ten days may request that the head of the agency for which the employee works transfer a specified amount of annual leave to another employee authorized to receive leave under subsection (1) of this section. In no event may the employee request a transfer of an amount of leave that would result in his or her annual leave account going below ten days.

             (4) An employee of a community college, school district, or educational service district who does not accrue annual leave but does accrue sick leave and who has an accrued sick leave balance of more than sixty days may request that the head of the agency for which the employee works transfer a specified amount of sick leave to another employee authorized to receive leave under subsection (1) of this section. In no event may such an employee request a transfer of more than six days of sick leave during any twelve month period, or request a transfer that would result in his or her sick leave account going below sixty days. Transfers of sick leave under this subsection are limited to transfers from employees who do not accrue annual leave. Under this subsection, "sick leave" also includes leave accrued pursuant to RCW 28A.400.300(2) or 28A.310.240(1) with compensation for illness, injury, and emergencies.

             (5) An employee other than an employee covered by subsection (4) of this section who has an accrued sick leave balance of more than sixty days may request that the head of the agency for which the employee works transfer a specified amount of sick leave to another employee if the employee is authorized to receive leave under subsection (1) of this section and the employee, relative, or household member has a catastrophic illness. In no event may the employee request a transfer of more than six days of sick leave during any twelve month period, or request a transfer that would result in his or her sick leave account going below sixty days. Under this subsection, "sick leave" also includes leave accrued pursuant to RCW 28A.400.300(2) or 28A.310.240(1) with compensation for illness, injury, and emergencies.

             (6) An employee who has accrued a personal holiday may request that the head of the agency for which the employee works transfer all or part of the personal holiday to another employee authorized to receive leave under subsection (1) of this section.

             (7) Transfers of leave made by an agency head under subsections (3) ((and)), (4), and (5) of this section shall not exceed the requested amount.

             (((6))) (8) Leave transferred under this section may be transferred from employees of one agency to an employee of the same agency or, with the approval of the heads of both agencies, to an employee of another state agency. However, leave transferred to or from employees of school districts or educational service districts is limited to transfers to or from employees within the same employing district.

             (((7))) (9) While an employee is on leave transferred under this section, he or she shall continue to be classified as a state employee and shall receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave.

             (a) All salary and wage payments made to employees while on leave transferred under this section shall be made by the agency employing the person receiving the leave. The value of leave transferred shall be based upon the ((annual)) leave value of the person receiving the leave.

             (b) In the case of leave transferred by an employee of one agency to an employee of another agency, the agencies involved shall arrange for the transfer of funds and credit for the appropriate value of leave.

             (i) Pursuant to rules adopted by the office of financial management, funds shall not be transferred under this section if the transfer would violate any constitutional or statutory restrictions on the funds being transferred.

             (ii) The office of financial management may adjust the appropriation authority of an agency receiving funds under this section only if and to the extent that the agency's existing appropriation authority would prevent it from expending the funds received.

             (iii) Where any questions arise in the transfer of funds or the adjustment of appropriation authority, the director of financial management shall determine the appropriate transfer or adjustment.

             (((8))) (10) Leave transferred under this section shall not be used in any calculation to determine an agency's allocation of full time equivalent staff positions.

             (((9))) (11) The value of any leave transferred under this section which remains unused shall be returned at its original value to the employee or employees who transferred the leave when the agency head finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred. To the extent administratively feasible, the value of unused leave which was transferred by more than one employee shall be returned on a pro rata basis.

             (12) An employee who uses leave that is transferred to him or her under this section may not be required to repay the value of the leave that he or she used.


             NEW SECTION. Sec. 3. Transfers occurring after the effective date of this act may be applied to retroactively cover periods of leave taken between January 1, 1995, and the effective date of this act."


             On page 1, line 1 of the title, after "leave;" strike the remainder of the title and insert "amending RCW 41.04.660 and 41.04.665; and creating a new section."


             Signed by Representatives Reams, Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Chopp; R. Fisher; Honeyford; Hymes; Mulliken; D. Schmidt; Sommers; Van Luven and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Goldsmith, Vice Chairman; L. Thomas, Vice Chairman; and Hargrove.


             Voting Yea: Representatives R. Fisher, Honeyford, Hymes, Mulliken, Reams, Rust, Scott, Sommers, L. Thomas, Van Luven and Wolfe.

             Voting Nay: Representatives Goldsmith and Hargrove.

             Excused: Representatives Chopp and D. Schmidt.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5496          Prime Sponsor, Committee on Ways & Means: Exempting employers with qualified retirement plans from additional contributions. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 41.40.010 and 1994 c 298 s 2, 1994 c 247 s 5, 1994 c 197 s 23, and 1994 c 177 s 8 are each reenacted and amended to read as follows:

             As used in this chapter, unless a different meaning is plainly required by the context:

             (1) "Retirement system" means the public employees' retirement system provided for in this chapter.

             (2) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (3) "State treasurer" means the treasurer of the state of Washington.

             (4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.

             (b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.

             (5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023. RCW 41.26.045 does not prohibit a person otherwise eligible for membership in the retirement system from establishing such membership effective when he or she first entered an eligible position.

             (6) "Original member" of this retirement system means:

             (a) Any person who became a member of the system prior to April 1, 1949;

             (b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;

             (c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;

             (d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;

             (e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;

             (f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.

             (7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.

             (8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).

             (A) "Compensation earnable" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:

             (I) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit;

             (II) If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.

             (III) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;

             (IV) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and

             (V) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.

             (B) "Compensation earnable" does not include:

             (I) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;

             (II) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.

             (b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum or other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).

             "Compensation earnable" for plan II members also includes the following actual or imputed payments, which are not paid for personal services:

             (A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit;

             (B) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

             (I) The compensation earnable the member would have received had such member not served in the legislature; or

             (II) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(B)(II) of this subsection is greater than compensation earnable under (b)(ii)(B)(I) of this subsection shall be paid by the member for both member and employer contributions;

             (C) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;

             (D) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and

             (E) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.

             (9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.

             (i) Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system.

             (ii) An individual shall receive no more than a total of twelve service credit months of service during any calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.

             (iii) A school district employee may count up to forty-five days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan I "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (A) Less than twenty-two days equals one-quarter service credit month;

             (B) Twenty-two days equals one service credit month;

             (C) More than twenty-two days but less than forty-five days equals one and one-quarter service credit month.

             (b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.

             Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

             (i) Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.

             (ii) A member shall receive a total of not more than twelve service credit months of service for such calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.

             (iii) Up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan II "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (A) Less than eleven days equals one-quarter service credit month;

             (B) Eleven or more days but less than twenty-two days equals one-half service credit month;

             (C) Twenty-two days equals one service credit month;

             (D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;

             (E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.

             (10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

             (11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.

             (12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.

             (13) "Membership service" means:

             (a) All service rendered, as a member, after October 1, 1947;

             (b) ((All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his or her employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the 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 be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option;

             (c))) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;

             (((d))) (c) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.

             (14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.

             (b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

             (15) "Regular interest" means such rate as the director may determine.

             (16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.

             (17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.

             (b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).

             (18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.

             (19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.

             (20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.

             (21) "Retirement allowance" means the sum of the annuity and the pension.

             (22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.

             (23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.

             (24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.

             (25) "Eligible position" means:

             (a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;

             (b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.

             (26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.

             (27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

             (28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.

             (29) "Retiree" means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. A person is in receipt of a retirement allowance as defined in subsection (21) of this section or other benefit as provided by this chapter when the department mails, causes to be mailed, or otherwise transmits the retirement allowance warrant.

             (30) "Director" means the director of the department.

             (31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

             (32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

             (34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.

             (35) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.

             (36) "Index A" means the index for the year prior to the determination of a postretirement adjustment.

             (37) "Index B" means the index for the year prior to index A.

             (38) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.

             (39) "Adjustment ratio" means the value of index A divided by index B.


             NEW SECTION. Sec. 2. A new section is added to chapter 41.40 RCW to read as follows:

             (1) Membership service to any employer prior to the time of its admission into the retirement system may be purchased for any member if additional contributions are made. Such contributions shall be equal to the total employee and employer contributions that would have been required for all the member service prior to the employer's admission to the retirement system, plus interest to the date of payment, as determined by the director.

             (2) The employer or member, or both, may make the contributions in accordance with the options stated in this subsection. The employer must select one of the options and apply it uniformly to all employees, except those covered by subsection (5) of this section.

             (a) Option A: The employer agrees to make all of the contributions;

             (b) Option B: The employer agrees to make a portion of the contributions, with the balance to be paid by the employee; or

             (c) Option C: The employer makes no contributions. The member must make all contributions required by subsection (1) of this section, plus interest, before membership service can be credited under this section.

             (3) All contributions plus interest made by the member shall be placed in the member's individual account in the members' savings fund.

             (4) All payments under this subsection and RCW 41.40.160(2) must be completed within fifteen years from the date of the employer's admission or prior to the retirement of such member, whichever occurs sooner.

             (5) No additional contributions under this section will be required for service prior to the employer's admission into the retirement system if the employer made contributions for such service to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a) and such contributions plus interest accrued cannot be transferred to the retirement system. The employer may elect to purchase such service under the retirement system. The member shall not be permitted to purchase such service.


             Sec. 3. RCW 41.40.062 and 1991 c 35 s 93 are each amended to read as follows:

             (1) The employees and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.

             (2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every employee of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949.

             (((3) Each political subdivision becoming an employer under the meaning of this chapter shall make contributions to the funds of the retirement system as provided in RCW 41.50.250, 41.40.045, and 41.40.048 and its employees shall contribute to the employees' savings fund at the rate established under the provisions of RCW 41.40.330. In addition to the foregoing requirement, where the political subdivision becoming an employer under this section has its own retirement plan, any of the employee members thereof who may elect to transfer to this retirement system may, if permitted by the plan, withdraw all or any part of their employees' contributions to the former plan and transfer the funds to the employees' savings fund at the time of their transfer of membership. Any portion of the employees' savings fund not withdrawn shall be transferred by the employer to the retirement system over a period not to exceed fifteen years. The length of the transfer period and the method of payment to be utilized during that period shall be established by agreement between the department and the political subdivision. Employers making deferred payments of employee funds under this section shall transfer an additional amount equal to the interest that would have been credited to each employee's savings fund had his or her contributions been transferred to the state retirement system's employee savings fund on the date the political subdivision became an employer under this section. Any funds remaining in the employer's former retirement plan after all obligations of the plan have been provided for, as evidenced by appropriate actuarial study, shall be disposed of by the governing body of the political subdivision in such manner as it deems appropriate. For the purpose of administering and interpreting this chapter the department may substitute the names of political subdivisions of the state for the "state" and employees of the subdivisions for "state employees" wherever those terms appear in this chapter. The department may also alter any dates mentioned in this chapter for the purpose of making the provisions of the chapter applicable to the entry of any political subdivisions into the system. Any member transferring employment to another employer which is covered by the retirement system may continue as a member without loss of previously earned pension and annuity benefits. The department shall keep accounts as are necessary to show the contributions of each political subdivision to the benefit account fund and shall have the power to debit and credit the various accounts in accordance with the transfer of the members from one employer to another.

             (4) Employees of a political subdivision, maintaining its own retirement system, who have been transferred to a health district formed pursuant to chapter 70.46 RCW, but who have been allowed to remain members of the political subdivision's retirement system may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.

             (5) Employees of a political subdivision, maintaining its own retirement system, heretofore transferred to a joint airport operation of two municipalities pursuant to chapter 14.08 RCW, may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.))


             NEW SECTION. Sec. 4. RCW 41.40.045 and 1989 c 273 s 22, 1986 c 268 s 4, 1973 1st ex.s. c 190 s 13, 1972 ex.s. c 151 s 14, 1971 ex.s. c 271 s 11, 1963 c 174 s 15, 1961 c 291 s 11, & 1957 c 231 s 4 are each repealed.


             NEW SECTION. Sec. 5. 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 "contributions;" strike the remainder of the title and insert "amending RCW 41.40.062; reenacting and amending RCW 41.40.010; adding a new section to chapter 41.40 RCW; repealing RCW 41.40.045; and declaring an emergency."


             Signed by Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; G. Fisher; Foreman; Grant; Hargrove; Hickel; Jacobsen; Lambert; Lisk; McMorris; Poulsen; Rust; Sehlin; Sheahan; Talcott; Thibaudeau and Wolfe.


             Voting Yea: Representatives Basich, Brumsickle, Carlson, Chappell, Clements, Cooke, Crouse, G. Fisher, Foreman, Grant, Hargrove, Hickel, Huff, Jacobsen, Lambert, Lisk, McMorris, Pelesky, Poulsen, Rust, Sehlin, Sheahan, Silver, Sommers, Talcott, Thibaudeau, Valle and Wolfe.

             Excused: Representatives Beeksma, Dellwo and Reams.


             Passed to Committee on Rules for second reading.


March 30, 1995

SSB 5516          Prime Sponsor, Committee on Labor, Commerce & Trade: Providing for drug-free workplaces. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to promote drug-free workplaces to improve the safety of the workplace, protect the health of workers, and afford employers in this state the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from substance abuse by employees.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

             (2) "Alcohol test" means a chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of alcohol within an individual's body systems.

             (3) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition for all specimens and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results.

             (4) "Collection site" means a place where individuals present themselves for the purpose of providing a urine, breath, or other specimen to be analyzed for the presence of drugs or alcohol.

             (5) "Confirmation test," "confirmed test," or "confirmed substance abuse test" means a second analytical procedure used to identify the presence of a specific drug or metabolic in a specimen. Drug tests must be confirmed as specified in section 6(6) of this act. Alcohol tests must be confirmed by a second breath test or as specified for drug tests.

             (6) "Department" means the department of social and health services.

             (7) "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances.

             (8) "Drug test" means a chemical, biological, or physical instrumental analysis administered on a specimen sample for the purpose of determining the presence or absence of a drug or its metabolites within the sample.

             (9) "Employee" means a person who is employed for salary, wages, or other remuneration by an employer.

             (10) "Employee assistance program" means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include: Consultation and professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and supervisory training.

             (11) "Employer" means an employer subject to Title 51 RCW but does not include the state or any department, agency, or instrumentality of the state; any county; any city; any county or independent school system or municipal corporation; or any employer that is self-insured for purposes of Title 51 RCW.

             (12) "Initial test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. An initial drug test must use an immunoassay procedure or an equivalent procedure or must use a more accurate scientifically accepted method approved by the national institute on drug abuse as more accurate technology becomes available in a cost-effective form.

             (13) "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result and occurring from without, and such physical conditions as result therefrom.

             (14) "Job applicant" means a person who has applied for employment with an employer and has been offered employment conditioned upon successfully passing a drug test and may have begun work pending the results of the drug test.

             (15) "Last-chance agreement" means a notice to an employee who is referred to the employee assistance program due to a verified positive alcohol or drug test or for violating an alcohol or drug-related employer rule that states the terms and conditions of continued employment with which the employee must comply.

             (16) "Medical review officer" means a licensed physician trained in the field of drug testing who provides medical assessment of positive test results, requests reanalysis if necessary, and makes a determination whether or not drug misuse has occurred.

             (17) "Nonprescription medication" means a drug or medication authorized under federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.