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ONE HUNDRED-FIRST DAY

__________


MORNING SESSION


__________


House Chamber, Olympia, Wednesday, April 19, 1995


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


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Mary Hammond and Tricia Feliciano. Prayer was offered by Reverend Paul Norris of The Lacey Community Church.


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


MESSAGES FROM THE SENATE


April 18, 1995


Mr. Speaker:


             The President has passed:


SENATE INITIATIVE NO. 164,


and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


April 18, 1995


Mr. Speaker:


             The Senate concurred in the House amendments to the following bills and passed the bills as amended by the House:


SUBSTITUTE SENATE BILL NO. 5012,

SUBSTITUTE SENATE BILL NO. 5017,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064,

SUBSTITUTE SENATE BILL NO. 5084,

SENATE BILL NO. 5287,

ENGROSSED SENATE BILL NO. 5397,

SENATE BILL NO. 5445,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5503,

SENATE BILL NO. 5523,

SUBSTITUTE SENATE BILL NO. 5537,


and the same are herewith transmitted.


Marty Brown, Secretary



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


THIRD READING


             There being no objection, the House considered the following bills in the following order: House Bill No. 1088, Substitute House Bill No. 1123, House Bill No. 1136 and Substitute House Bill No. 1140.


SENATE AMENDMENTS TO HOUSE BILL


April 4, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1088 with the following amendments:


             On page 8, line 2, after "9.94A.127" insert "or 13.40.135"


             On page 15, after line 6, insert the following:


             "Sec. 5. RCW 13.40.150 and 1992 c 205 s 109 are each amended to read as follows:

             (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.

             (2) For purposes of disposition:

             (a) Violations which are current offenses count as misdemeanors;

             (b) Violations may not count as part of the offender's criminal history;

             (c) In no event may a disposition for a violation include confinement.

             (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

             (a) Consider the facts supporting the allegations of criminal conduct by the respondent;

             (b) Consider information and arguments offered by parties and their counsel;

             (c) Consider any predisposition reports;

             (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;

             (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;

             (f) Determine the amount of restitution owing to the victim, if any;

             (g) Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;

             (h) Consider whether or not any of the following mitigating factors exist:

             (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;

             (ii) The respondent acted under strong and immediate provocation;

             (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;

             (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and

             (v) There has been at least one year between the respondent's current offense and any prior criminal offense;

             (i) Consider whether or not any of the following aggravating factors exist:

             (i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;

             (ii) The offense was committed in an especially heinous, cruel, or depraved manner;

             (iii) The victim or victims were particularly vulnerable;

             (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;

             (v) The current offense included a finding of sexual motivation pursuant to RCW ((9.94A.127)) 13.40.135;

             (vi) The respondent was the leader of a criminal enterprise involving several persons; and

             (vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.

             (4) The following factors may not be considered in determining the punishment to be imposed:

             (a) The sex of the respondent;

             (b) The race or color of the respondent or the respondent's family;

             (c) The creed or religion of the respondent or the respondent's family;

             (d) The economic or social class of the respondent or the respondent's family; and

             (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

             (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community."


             On page 1, line 2 of the title, after "9A.44.130," strike "and 9A.44.140" and insert "9A.44.140, and 13.40.150"


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Ballasiotes moved that the House concur in the Senate amendments to House Bill No. 1088 and pass the bill as amended by the Senate.


             Representative Ballasiotes spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1088 as amended by the Senate.


             Representatives Ballasiotes and Quall spoke in favor of passage of the bill.


MOTION


             On motion of Representative Brown, Representatives Appelwick, Sommers, Morris and Patterson were excused.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1088 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 1, Excused - 9.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 88.

             Absent: Representative Poulsen - 1.

             Excused: Representatives Appelwick, Benton, Chandler, Clements, Cooke, Hickel, Morris, Patterson and Sommers - 9.


             House Bill No. 1088, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1123 with the following amendments:


             Strike everything after the enacting clause and insert the following:


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

             (a) The expansion of international trade is vital to the overall growth of Washington's economy;

             (b) On a per capita basis, Washington state is the most international trade dependent state in the nation;

             (c) The north american free trade agreement (NAFTA) and the general agreement on tariffs and trade (GATT) highlight the increased importance of international trade opportunities to the United States and the state of Washington;

             (d) The passage of NAFTA and GATT will have a major impact on the state's agriculture, aerospace, computer software, and textiles and apparel sectors;

             (e) There is a need to strengthen and coordinate the state's activities in promoting and developing its agricultural, manufacturing, and service industries overseas, especially for small and medium-sized businesses, and minority and women-owned business enterprises; and

             (f) The importance of having a coherent vision for advancing Washington state's interest in the global economy has rarely been so consequential as it is now.

             (2) The legislature declares that the purpose of the office of the Washington state trade representative is to strengthen and expand the state's activities in marketing its goods and services overseas.


             NEW SECTION. Sec. 2. The office of the Washington state trade representative is created under the office of the governor. The office shall serve as the state's official liaison with foreign governments on trade matters.

             The office of the Washington state trade representative may accept or request grants or gifts from citizens and other private sources to be used to defray the costs of appropriate hosting of foreign dignitaries, including appropriate gift-giving and reciprocal gift-giving, or other activities of the office. The office shall open and maintain a bank account into which it shall deposit all money received under this section. Such money and the interest accruing thereon shall not constitute public funds, shall be kept segregated and apart from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88 RCW.


             NEW SECTION. Sec. 3. (1) The executive and administrative head of the office of the Washington state trade representative shall be the governor's special trade representative. The governor's special trade representative shall be appointed by the governor with consent of the senate, and shall serve at the pleasure of the governor. The governor's special trade representative shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

             (2) The governor's special trade representative shall supervise and administer the activities of the office of the Washington state trade representative and shall advise the governor and legislature with respect to trade matters affecting the state.

             (3) The governor's special trade representative may establish a trade advisory council to:

             (a) Advise the governor and legislature on mechanisms for enhancing the state export promotion and assistance efforts;

             (b) Evaluate proposals for enhancement, coordination, and structure of the state's activities in international trade, including but not limited to proposals on new or expanded overseas trade offices, sister-state relations, and new trade priorities for the state, and make recommendations to the legislature and the governor on the merits of such proposals; and

             (c) Provide the special trade representative with such advice and assistance as may be necessary to carry out the purposes of the office of the Washington state trade representative.

             (4) The governor's special trade representative may hire such personnel as may be necessary for the general administration of the office. To the extent permitted by law, state agencies may temporarily assign staff to the office of the Washington state trade representative to assist in carrying out the office's duties and responsibilities under this chapter.

             (5) The governor's special trade representative is authorized to:

             (a) Consult with the department of agriculture and the various agricultural commissions, created in Title 15 RCW, on the promotion of Washington agricultural commodities overseas; and

             (b) Consult with the department of community, trade, and economic development on the promotion of Washington goods and services overseas.


             NEW SECTION. Sec. 4. Sections 2 and 3 of this act shall constitute a new chapter in Title 43 RCW."


             On page 1, line 1 of the title, after "trade;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; and creating a new section."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative D. Schmidt moved that the House concur in the Senate amendments to Substitute House Bill No. 1123 and pass the bill as amended by the Senate.


             Representative Sheldon spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1123 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1123 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 90.

             Excused: Representatives Benton, Chandler, Clements, Cooke, Morris, Patterson, Poulsen and Sommers - 8.


             Substitute House Bill No. 1123, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1136 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the responsibility for criminal activity should fall squarely on the criminal. To the greatest extent possible society should not be expected to have to pay the price for crimes twice, once for the criminal activity and again by feeding, clothing, and housing the criminal. The corrections system should be the first place criminals are given the opportunity to be responsible for paying for their criminal act, not just through the loss of their personal freedom, but by making financial contributions to alleviate the pain and suffering of victims of crime.


             NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

             Each year the department shall transfer twenty-five percent of the total annual revenues and receipts received in each institutional betterment fund subaccount to the department of labor and industries for the purpose of providing direct benefits to crime victims through the crime victims' compensation program as outlined in chapter 7.68 RCW. This transfer takes priority over any expenditure of betterment funds and shall be reflected on the monthly financial statements of each institution's betterment fund subaccount.

             Any funds so transferred to the department of labor and industries shall be in addition to the crime victims' compensation amount provided in an omnibus appropriation bill. It is the intent of the legislature that the funds forecasted or transferred pursuant to this section shall not reduce the funding levels provided by appropriation.


             Sec. 3. RCW 7.68.090 and 1973 1st ex.s. c 122 s 9 are each amended to read as follows:

             The director shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be from legislative appropriation, statutory provision, reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed."


             On page 1, line 1 of the title, after "accounts;" strike the remainder of the title and insert "amending RCW 7.68.090; adding a new section to chapter 72.09 RCW; and creating a new section."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Ballasiotes moved that the House concur in the Senate amendments to House Bill No. 1136 and pass the bill as amended by the Senate.


             Representative Ballasiotes spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1136 as amended by the Senate.


             Representatives Ballasiotes and Quall spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1136 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 90.

             Excused: Representatives Benton, Chandler, Clements, Cooke, Morris, Patterson, Poulsen and Sommers - 8.


             House Bill No. 1136, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1140 with the following amendments:


             On page 2, line 5, after "any" insert "gross misdemeanor or felony"


             On page 2, line 11, after "committing any" insert "gross misdemeanor or felony"


             On page 2, line 17, after "committing any" insert "gross misdemeanor or felony"


             On page 7, after line 24, insert the following:

             "(i) The current offense was one of domestic violence as defined in RCW 10.99.020."


             On page 7, after line 24, insert the following:

             "(i) The current offense was a violent offense committed to obstruct or hinder legal abortions and the victim was an employee, volunteer, or patient of a health care facility as defined in RCW 9A.50.010 where legal abortions are performed. For purposes of this subsection (2)(i), "employee" includes a person contracting with the health care facility."


and the same are herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Sheahan moved that the House not concur in the Senate amendments to Substitute House Bill No. 1140 and ask the Senate to recede therefrom.


POINT OF ORDER


             Representative Sheahan: Thank you Mr. Speaker. I would request a ruling on the scope and object of the Senate amendments to Substitute House Bill No. 1140.


             There being no objection, the House deferred further consideration of Substitute House Bill No. 1140 and the bill held it's place on the third reading calendar.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1060 with the following amendments:


             On page 10, after line 36, insert the following:


             "Sec. 8. RCW 66.24.420 and 1981 1st ex.s. c 5 s 45 are each amended to read as follows:

             (1) The class H license shall be issued in accordance with the following schedule of annual fees:

             (a) The annual fee for said license, if issued to a club, whether inside or outside of incorporated cities and towns, shall be seven hundred dollars.

             (b) The annual fee for said license, if issued to any other class H licensee in incorporated cities and towns, shall be graduated according to the population thereof as follows:


                                       Incorporated

                                       Cities and towns                          Fees

                                       Less than 20,000                         $1,200

                                       20,000 or over                $2,000


             (c) The annual fee for said license when issued to any other class H licensee outside of incorporated cities and towns shall be: Two thousand dollars; this fee shall be prorated according to the calendar quarters, or portion thereof, during which the licensee is open for business, except in case of suspension or revocation of the license.

             (d) Where the license shall be issued to any corporation, association or person operating a bona fide restaurant in an airport terminal facility providing service to transient passengers with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for each such additional place: PROVIDED, That the holder of a master license for a restaurant in an airport terminal facility shall be required to maintain in a substantial manner at least one place on the premises for preparing, cooking and serving of complete meals, and such food service shall be available on request in other licensed places on the premises: PROVIDED, FURTHER, That an additional license fee of twenty-five percent of the annual master license fee shall be required for such duplicate licenses.

             (e) Where the license shall be issued to any corporation, association, or person operating dining places at publicly owned civic centers with facilities for sports, entertainment, and conventions, with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for each such additional place: PROVIDED, That the holder of a master license for a dining place at such a publicly owned civic center shall be required to maintain in a substantial manner at least one place on the premises for preparing, cooking and serving of complete meals, and food service shall be available on request in other licensed places on the premises: PROVIDED FURTHER, That an additional license fee of ten dollars shall be required for such duplicate licenses.

             (f) Where the license shall be issued to any corporation, association or person operating more than one building containing dining places at privately owned facilities which are open to the public and where there is a continuity of ownership of all adjacent property, such license shall be issued upon the payment of an annual fee which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to the additional dining places on the property or, in the case of a class H licensed hotel, property owned or controlled by leasehold interest by that hotel for use as a conference or convention center or banquet facility open to the general public for special events in the same metropolitan area, at the discretion of the board and a duplicate license may be issued for each additional place: PROVIDED, That the holder of the master license for the dining place shall not offer alcoholic beverages for sale, service, and consumption at the additional place unless food service is available at both the location of the master license and the duplicate license: PROVIDED FURTHER, That an additional license fee of twenty dollars shall be required for such duplicate licenses.

             (2) The board, so far as in its judgment is reasonably possible, shall confine class H licenses to the business districts of cities and towns and other communities, and not grant such licenses in residential districts, nor within the immediate vicinity of schools, without being limited in the administration of this subsection to any specific distance requirements.

             (3) The board shall have discretion to issue class H licenses outside of cities and towns in the state of Washington. The purpose of this subsection is to enable the board, in its discretion, to license in areas outside of cities and towns and other communities, establishments which are operated and maintained primarily for the benefit of tourists, vacationers and travelers, and also golf and country clubs, and common carriers operating dining, club and buffet cars, or boats.

             (4) The total number of class H licenses issued in the state of Washington by the board, not including those class H licenses issued to clubs, shall not in the aggregate at any time exceed one license for each fifteen hundred of population in the state, determined according to the yearly population determination developed by the office of financial management pursuant to RCW 43.62.030.

             (5) Notwithstanding the provisions of subsection (4) of this section, the board shall refuse a class H license to any applicant if in the opinion of the board the class H licenses already granted for the particular locality are adequate for the reasonable needs of the community."


             On page 1, line 3 of the title, after "66.24.330," insert "66.24.420,"


             On page 11, after line 31, insert the following:


             "Sec. 9. RCW 66.28.180 and 1985 c 226 s 4 are each amended to read as follows:

             It is unlawful for a person, firm, or corporation holding a certificate of approval issued under RCW 66.24.270 or 66.24.206, a beer wholesaler's license, a brewer's license, a beer importer's license, a domestic winery license, a wine importer's license, or a wine wholesaler's license within the state of Washington to modify any prices without prior notification to and approval of the board.

             (1) Intent. This section is enacted, pursuant to the authority of this state under the twenty-first amendment to the United States Constitution, to promote the public's interest in fostering the orderly and responsible distribution of malt beverages and wine towards effective control of consumption; to promote the fair and efficient three-tier system of distribution of such beverages; and to confirm existing board rules as the clear expression of state policy to regulate the manner of selling and pricing of wine and malt beverages by licensed suppliers and wholesalers.

             (2) Beer and wine wholesale price posting. (a) Every beer or wine wholesaler shall file with the board at its office in Olympia a price posting showing the wholesale prices at which any and all brands of beer and wine sold by such beer and/or wine wholesaler shall be sold to retailers within the state.

             (b) Each price posting shall be made on a form prepared and furnished by the board, or a reasonable facsimile thereof, and shall set forth:

             (i) All brands, types, packages, and containers of beer offered for sale by such beer and/or wine wholesaler;

             (ii) The wholesale prices thereof to retail licensees, including allowances, if any, for returned empty containers.

             (c) No beer and/or wine wholesaler may sell or offer to sell any package or container of beer or wine to any retail licensee at a price differing from the price for such package or container as shown in the price posting filed by the beer and/or wine wholesaler and then in effect, according to rules adopted by the board.

             (d) Quantity discounts are prohibited. No price may be posted that is below acquisition cost plus ten percent of acquisition cost. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition cost as a minimum mark-up over cost and to modify such percentage by rule of the board, except such percentage shall be not less than ten percent.

             (e) Wholesale prices on a "close-out" item shall be accepted by the board if the item to be discontinued has been listed on the state market for a period of at least six months, and upon the further condition that the wholesaler who posts such a close-out price shall not restock the item for a period of one year following the first effective date of such close-out price.

             (f) The board may reject any price posting that it deems to be in violation of this section or any rule, or portion thereof, or that would tend to disrupt the orderly sale and distribution of beer and wine. Whenever the board rejects any posting, the licensee submitting the posting may be heard by the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend to disrupt the orderly sale and distribution of beer and wine. If the posting is accepted, it shall become effective at the time fixed by the board. If the posting is rejected, the last effective posting shall remain in effect until such time as an amended posting is filed and approved, in accordance with the provisions of this section.

             (g) All price postings filed as required by this section shall at all times be open to inspection to all trade buyers within the state of Washington and shall not in any sense be considered confidential.

             (h) Any beer and/or wine wholesaler or employee authorized by the wholesaler-employer may sell beer and/or wine at the wholesaler's posted prices to any class A, B, C, D, E, F, H, G, or J licensee upon presentation to the wholesaler or employee at the time of purchase of a special permit issued by the board to such licensee.

             (i) Every class A, B, C, D, E, F, H, G, or J licensee, upon purchasing any beer and/or wine from a wholesaler, shall immediately cause such beer or wine to be delivered to the licensed premises, and the licensee shall not thereafter permit such beer to be disposed of in any manner except as authorized by the license.

             (ii) Beer and wine sold as provided in this section shall be delivered by the wholesaler or an authorized employee either to the retailer's licensed premises or directly to the retailer at the wholesaler's licensed premises. A wholesaler's prices to retail licensees shall be the same at both such places of delivery.

             (3) Beer and wine suppliers' price filings, contracts, and memoranda. (a) Every brewery and winery offering beer and/or wine for sale within the state shall file with the board at its office in Olympia a copy of every written contract and a memorandum of every oral agreement which such brewery or winery may have with any beer or wine wholesaler, which contracts or memoranda shall contain a schedule of prices charged to wholesalers for all items and all terms of sale, including all regular and special discounts; all advertising, sales and trade allowances, and incentive programs; and all commissions, bonuses or gifts, and any and all other discounts or allowances. Whenever changed or modified, such revised contracts or memoranda shall forthwith be filed with the board as provided for by rule. The provisions of this section also apply to certificate of approval holders, beer and/or wine importers, and beer and/or wine wholesalers who sell to other beer and/or wine wholesalers.

             Each price schedule shall be made on a form prepared and furnished by the board, or a reasonable facsimile thereof, and shall set forth all brands, types, packages, and containers of beer or wine offered for sale by such licensed brewery or winery; all additional information required may be filed as a supplement to the price schedule forms.

             (b) Prices filed by a brewery or winery shall be uniform prices to all wholesalers on a state-wide basis less bona fide allowances for freight differentials. Quantity discounts are prohibited. No price shall be filed that is below acquisition/production cost plus ten percent of that cost, except that acquisition cost plus ten percent of acquisition cost does not apply to sales of beer or wine between a beer or wine importer who sells beer or wine to another beer or wine importer or to a beer or wine wholesaler, or to a beer or wine wholesaler who sells beer or wine to another beer or wine wholesaler. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition/production cost as a minimum mark-up over cost and to modify such percentage by rule of the board, except such percentage shall be not less than ten percent.

             (c) No brewery, winery, certificate of approval holder, wine importer, or wine wholesaler may sell or offer to sell any beer or wine to any persons whatsoever in this state until copies of such written contracts or memoranda of such oral agreements are on file with the board.

             (d) No brewery or winery may sell or offer to sell any package or container of beer or wine to any wholesaler at a price differing from the price for such package or container as shown in the schedule of prices filed by the brewer or domestic winery and then in effect, according to rules adopted by the board.

             (e) The board may reject any supplier's price filing, contract, or memorandum of oral agreement, or portion thereof that it deems to be in violation of this section or any rule or that would tend to disrupt the orderly sale and distribution of beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the price filing, contract, or memorandum may be heard by the board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and distribution of beer or wine. If the price filing, contract, or memorandum is accepted, it shall become effective at a time fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions of this section.

             (f) All prices, contracts, and memoranda filed as required by this section shall at all times be open to inspection to all trade buyers within the state of Washington and shall not in any sense be considered confidential."


             On page 1, line 3 of the title, after "66.24.330," strike "and 66.24.490" and insert "66.24.490, and 66.28.180"


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Lisk moved that the House concur in the Senate amendments to House Bill No. 1060 and pass the bill as amended by the Senate.


             Representatives Lisk and Romero spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1060 as amended by the Senate.


             Representatives Lisk and Romero spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1060 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Chopp, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

             Excused: Representatives Benton, Chandler, Clements, Cooke and Patterson - 5.


             House Bill No. 1060, as amended by the House, having received the constitutional majority, was declared passed.


RESOLUTION


             HOUSE RESOLUTION NO. 95-4672, by Representatives Boldt, Benton, Carlson, Pennington, Morris, Ogden and Robertson


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

             WHEREAS, The Evergreen Plainsmen High School boys basketball team has exhibited the highest level of excellence in winning the 1995 Class AAA State Basketball Championship; and

             WHEREAS, This level of excellence is built upon an admirable and solid foundation of success in which the Plainsmen crafted a record of 29-0 during the "Season of Perfection," while the team members also attained superior academic performance, with a team cumulative grade point average of 3.786 and with distinctive scholarship by Matt Dyment, Knute Nesland, Derrick Nesland, Paul Jones, Jason Myers, Aaron Carlson, and Sean Janson who all achieved a perfect 4.0 grade point average; and

             WHEREAS, Achievement in sports is kindred to the values for achievement in life inasmuch as the setting of the very highest goals and aspirations and the persistence, dedication, sacrifice, commitment, focus, effort, teamwork, skill, and talent to obtain those goals and aspirations all correspond to lifetime and personal achievement; and

             WHEREAS, The extraordinary achievements of the Evergreen High School basketball team are due to the outstanding individual efforts of each team member with the additional benefit of the direction and encouragement of cocaptains Matt Dyment and Paul Bustrin; and

             WHEREAS, These outstanding accomplishments would not have been possible without the instruction, guidance, and leadership of Head Coach John Triplett, Assistant Coach Ken Nesland, Assistant Coach Jeff Bears, Manager Clayton Lane, and Statistician Charles Simons, nor would these accomplishments have been possible without the unequivocal support and encouragement of the Evergreen High School student body, faculty and staff, alumni, family and friends, community members, and fans;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the excellence in achievement and spirit shown by the Evergreen High School boys basketball team and for the example of inspiration such achievements have set for others; and

             BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to each member of the Championship Team and Coaching Staff indicated in this Resolution as well as to the Principal of Evergreen High School, in Clark County of the great state of Washington.


             Representative Boldt moved adoption of the resolution.


             Representatives Boldt, Carlson and Basich spoke in favor of adoption of the resolution.


             House Resolution No. 4672 was adopted.


SENATE AMENDMENTS TO HOUSE BILL


April 7, 1995


Mr. Speaker


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 70.94.745 and 1991 c 199 s 401 are each amended to read as follows:

             (1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program ((for the people of this state, consisting of a one-permit system, until such time as)).

             (2) The permit program shall apply to residential and land clearing burning in the following areas:

             (a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and

             (b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743.

             (3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.

             (4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.

             (5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.714. This subsection (5) shall only apply within counties with a population less than 250,000.

             (6) Burning shall be prohibited in an area when an alternate technology or method((s)) of disposing of the organic refuse ((have been developed that are)) is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.

             (7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:

             (a) The burning is incidental to commercial agricultural activities;

             (b) The operator notifies the local fire department within the area where the burning is to be conducted;

             (c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715; and

             (d) Only the following items are burned:

             (i) Orchard prunings;

             (ii) Organic debris along fence lines or irrigation or drainage ditches; or

             (iii) Organic debris blown by wind.

             (8) As used in this section, "nonurban areas" are unincorporated areas within a county that is not designated as an urban growth area under chapter 36.70A RCW.

             (9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement."


             On page 1, line 2 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 70.94.745."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Pennington moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1080 and pass the bill as amended by the Senate.


             Representatives Pennington and Mastin spoke in favor of the motion.


             Representatives Rust and Basich spoke against the motion.


             The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1080 as amended by the Senate.


             Representatives Pennington and Honeyford spoke in favor of passage of the bill.


             Representative Basich spoke against passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1080 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 76, Nays - 19, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Cody, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 76.

             Voting nay: Representatives Basich, Brown, Chopp, Cole, Conway, Dellwo, Dickerson, Ebersole, Fisher, R., Mason, Ogden, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle and Wolfe - 19.

             Excused: Representatives Benton, Clements and Patterson - 3.


             Engrossed Substitute House Bill No. 1080, as amended by the Senate, having received the constitutional majority, was declared passed.


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


             The Speaker called the House to order.


RESOLUTION


             HOUSE RESOLUTION NO. 95-4680, by Representatives Wolfe, Clements, Patterson, Lisk, Cole, Brumsickle, Valle, Horn, Kremen, Hatfield, Kessler, Sheldon, Tokuda, Cairnes, Mastin, Cody, Morris, Conway, Rust, Grant, Elliot, Dickerson, Thibaudeau, Robertson, Talcott, Chappell, Regala, Ogden, D. Schmidt, Veloria, Mulliken and Lambert


             WHEREAS, The legislature recognizes that our children are one of the most cherished parts of our lives, representing our heritage, hopes, values and ideals for the future; and

             WHEREAS, The legislature recognizes that each of our earnest efforts and endeavors, whether legislative, professional or personal, seeks to leave a worthwhile legacy and provides a foundation upon which our children can build a prosperous and bright future; and

             WHEREAS, The citizens of the great state of Washington recognize the highest importance of our children by preparing them to meet the untold challenges of the future, wherein forty-eight percent of the state general fund budget for kindergarten through twelfth grade is allocated for primary and secondary education and twelve percent of the state general fund is allocated for higher education and wherein the legislature of the great state of Washington declared in 1993, and passed in statute, that the second Sunday of each October of each year as "Children's Day,"; and

             WHEREAS, The legislature of the state of Washington hereby recognizes that April 19, 1995, will be recognized as "Bring Your Children to Work Day" in the legislature, wherein children of legislators and staff have the opportunity to observe and learn of the various responsibilities and activities of their parents;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington does hereby recognize our children as one of the most cherished parts of our lives as well as April 19, 1995, being observed as "Bring Your Children to Work Day" in the legislature of the great state of Washington, and also reaffirms the spirit and principles indicated herein and especially honors the spirit of "Children's Day."


             Representative Wolfe moved adoption of the resolution.


             Representatives Wolfe, Brumsickle, Brown, Johnson, Ebersole, Beeksma, Elliot, Reams, Mitchell and Dickerson spoke in favor the resolution.


             Representative Patterson demanded an electronic roll call vote and the demand was sustained.


ROLL CALL


             The Clerk called the roll on the adoption of House Resolution No. 4680 and the resolution was adopted by the following vote: Yeas - 95, Nays - 0, Absent - 1, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Absent: Representative Talcott - 1.

             Excused: Representatives Benton and Clements - 2.


             House Resolution No. 4680 was adopted.


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


HOUSE INITIATIVE NO. 164,


SENATE AMENDMENTS TO HOUSE BILL


April 11, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1547 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 48.22.072 and 1993 c 177 s 2 are each amended to read as follows:

             The committee appointed pursuant to RCW 48.22.071 shall submit a report to the legislature no later than January 1((, 1994 and 1995)) of each year, summarizing the activities of the plan adopted under RCW 48.22.070 during its most recent fiscal year and since its inception. ((The committee shall in each report examine, based on the experience of the plan or other information made available to it, whether the Washington state industrial insurance fund should participate in the plan adopted pursuant to RCW 48.22.070; whether there are methods that will satisfy the intent of chapter 209, Laws of 1992 that will not involve the Washington state industrial insurance fund; and the feasibility of requiring that this coverage be made directly available through the Washington state industrial insurance fund.))


             NEW SECTION. Sec. 2. 1993 c 177 s 3 & 1992 c 209 s 6 (uncodified) are each repealed.


             NEW SECTION. Sec. 3. This act shall expire on July 1, 1997.


             NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


             On page 1, line 2 of the title, after "insurance;" strike the remainder of the title and insert "amending RCW 48.22.072; repealing 1993 c 177 s 3 and 1992 c 209 s 6 (uncodified); providing an expiration date; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative L. Thomas moved that the House not concur in the Senate amendments to Substitute House Bill No. 1547.


             Representatives L. Thomas and Wolfe spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 11, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1560 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.36.010 and 1993 c 54 s 1 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Motor vehicle" means every vehicle that is in itself a self-propelled unit, equipped with solid rubber, hollow-cushion rubber, or pneumatic rubber tires and capable of being moved or operated upon a public highway, except motor vehicles used as motive power for or in conjunction with farm implements and machines or implements of husbandry;

             (2) "Motor vehicle fuel" means gasoline or any other inflammable gas or liquid, by whatsoever name such gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats;

             (3) "Distributor" means every person who refines, manufactures, produces, or compounds motor vehicle fuel and sells, distributes, or in any manner uses it in this state; also every person engaged in business as a bona fide wholesale merchant dealing in motor vehicle fuel who either acquires it within the state from any person refining it within or importing it into the state, on which the tax has not been paid, or imports it into this state and sells, distributes, or in any manner uses it in this state; also every person who acquires motor vehicle fuel, on which the tax has not been paid, and exports it by commercial motor vehicle as defined in RCW 82.37.020 to a location outside the state. For the purposes of liability for a county fuel tax, "distributor" has that meaning defined in the county ordinance imposing the tax;

             (4) "Service station" means a place operated for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles;

             (5) "Department" means the department of licensing;

             (6) "Director" means the director of licensing;

             (7) "Dealer" means any person engaged in the retail sale of liquid motor vehicle fuels;

             (8) "Person" means every natural person, firm, partnership, association, or private or public corporation;

             (9) "Highway" means every way or place open to the use of the public, as a matter of right, for purposes of vehicular travel;

             (10) "Broker" means every person, other than a distributor, engaged in business as a broker, jobber, or wholesale merchant dealing in motor vehicle fuel or other petroleum products used or usable in propelling motor vehicles, or in other petroleum products which may be used in blending, compounding, or manufacturing of motor vehicle fuel;

             (11) "Producer" means every person, other than a distributor, engaged in the business of producing motor vehicle fuel or other petroleum products used in, or which may be used in, the blending, compounding, or manufacturing of motor vehicle fuel;

             (12) "Distribution" means all withdrawals of motor vehicle fuel for delivery to others, to retail service stations, or to unlicensed bulk storage plants;

             (13) "Bulk storage plant" means, pursuant to the licensing provisions of RCW 82.36.070, any plant, under the control of the distributor, used for the storage of motor vehicle fuel to which no retail outlets are directly connected by pipe lines;

             (14) "Marine fuel dealer" means any person engaged in the retail sale of liquid motor vehicle fuel whose place of business and or sale outlet is located upon a navigable waterway;

             (15) "Alcohol" means alcohol that is produced from renewable resources;

             (16) "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account;

             (17) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:

             (a) A knowing: False statement, misrepresentation of fact, or other act of deception; or

             (b) An intentional: Omission, failure to file a return or report, or other act of deception.


             Sec. 2. RCW 82.36.380 and 1961 c 15 s 82.36.380 are each amended to read as follows:

             ((Any person failing to pay the tax as herein provided, or violating any of the other provisions of this chapter, or making any false statement, or concealing any material fact in any report, record, affidavit, or claim provided for herein, shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.))

             (1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.

             (2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:

             (a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and

             (b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.


             Sec. 3. RCW 82.38.020 and 1994 c 262 s 22 are each amended to read as follows:

             As ((hereinafter)) used in this chapter:

             (1) "Person" means every natural person, fiduciary, association, or corporation. The term "person" as applied to an association means and includes the partners or members thereof, and as applied to corporations, the officers thereof.

             (2) "Department" means the department of licensing.

             (3) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.

             (4) "Motor vehicle" means every self-propelled vehicle designed for operation upon land utilizing special fuel as the means of propulsion.

             (5) "Special fuel" means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 82.36 RCW.

             (6) "Bulk storage" means the placing of special fuel by a special fuel dealer into a receptacle other than the fuel supply tank of a motor vehicle.

             (7) "Special fuel dealer" means any person engaged in the business of delivering special fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him, or into bulk storage facilities for subsequent use in a motor vehicle. For this purpose the term "fuel supply tank or tanks" does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.

             (8) "Special fuel user" means any person purchasing special fuel into bulk storage without payment of the special fuel tax for subsequent use in a motor vehicle, or any person engaged in interstate commercial operation of motor vehicles any part of which is within this state.

             (9) "Service station" means any location at which fueling of motor vehicles is offered to the general public.

             (10) "Unbonded service station" means any service station at which an unbonded special fuel dealer regularly makes sales of special fuel by means of delivery thereof into the fuel supply tanks of motor vehicles.

             (11) "Bond" means: (a) A bond duly executed by such special fuel dealer or special fuel user as principal with a corporate surety qualified under the provisions of chapter 48.28 RCW which bond shall be payable to the state of Washington conditioned upon faithful performance of all requirements of this chapter, including the payment of all taxes, penalties, and other obligations of such dealer, arising out of this chapter; or (b) a deposit with the state treasurer by the special fuel dealer or special fuel user, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or bonds or other obligations of the United States, the state of Washington, or any county of said state, of an actual market value not less than the amount so fixed by the department; or (c) such other instruments as the department may determine and prescribe by rule to protect the interests of the state and to insure compliance of the requirements of this chapter.

             (12) "Lessor" means any person (a) whose principal business is the bona fide leasing or renting of motor vehicles without drivers for compensation to the general public, and (b) who maintains established places of business and whose lease or rental contracts require such motor vehicles to be returned to the established places of business.

             (13) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form.

             (14) "Standard pressure and temperature" means fourteen and seventy-three hundredths pounds of pressure per square inch at sixty degrees Fahrenheit.

             (15) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:

             (a) A knowing: False statement, misrepresentation of fact, or other act of deception; or

             (b) An intentional: Omission, failure to file a return or report, or other act of deception.


             Sec. 4. RCW 82.38.270 and 1979 c 40 s 19 are each amended to read as follows:

             ((It shall be unlawful for any person to:

             (1) Refuse, or knowingly and intentionally fail to make and file any statement required by this chapter in the manner or within the time required;

             (2) Knowingly and with intent to evade or to aid in the evasion of the tax imposed herein to make any false statement or conceal any material fact in any record, return, or affidavit provided for in this chapter;

             (3) Conduct any activities requiring a license under this chapter without a license or after a license has been suspended, surrendered, canceled, or revoked;

             (4) Fail to keep and maintain the books and records required by this chapter;

             (5) Divert special fuel purchased for a nontaxable use to a use subject to the taxes imposed by this chapter without payment of the taxes as required by this chapter.

             Except as otherwise provided by law, any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars nor more than one thousand dollars and costs of prosecution, or imprisonment for not more than one year, or both.

             The fine and imprisonment provided for in this section shall be in addition to any other penalty imposed by any other provision of this chapter.)) (1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.

             (2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:

             (a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and

             (b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.


             Sec. 5. RCW 9A.04.080 and 1993 c 214 s 1 are each amended to read as follows:

             (1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

             (a) The following offenses may be prosecuted at any time after their commission:

             (i) Murder;

             (ii) Arson if a death results.

             (b) The following offenses shall not be prosecuted more than ten years after their commission:

             (i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

             (ii) Arson if no death results; or

             (iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

             (c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.

             (d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

             (e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.

             (f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

             (g) No other felony may be prosecuted more than three years after its commission.

             (h) No gross misdemeanor may be prosecuted more than two years after its commission.

             (i) No misdemeanor may be prosecuted more than one year after its commission.

             (2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

             (3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."


             In line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 82.36.010, 82.36.380, 82.38.020, 82.38.270, and 9A.04.080; and prescribing penalties."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt insists on its position regarding the Senate amendments to Substitute House Bill No. 1560. The motion was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1630 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 18.27 RCW to read as follows:

             The purposes of this chapter are to protect the general welfare of the residents of this state who purchase construction services and the general economic welfare of business in compliance with this chapter, to enhance state revenue collections, and to promote compliance and enforcement of this chapter by providing swift and meaningful penalties for those failing to register as required by this chapter.

             This chapter shall be strictly enforced to accomplish these purposes. Therefore, the doctrine of substantial compliance shall not be used by the department in the application and construction of this chapter. Anyone engaged in the activities of a contractor is presumed to know the requirements of this chapter.


             Sec. 2. RCW 18.27.010 and 1993 c 454 s 2 are each amended to read as follows:

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

             (1) "Contractor" means any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. "Contractor" includes any person, firm, or corporation covered by this subsection, whether or not registered as required under this chapter.

             (2) "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts whose work the contractor shall superintend or do in whole or in part. "General contractor" shall not include an individual who does all work personally without employees or other "specialty contractors" as defined ((herein)) in this section. The terms "general contractor" and "builder" are synonymous.

             (3) "Specialty contractor" means a contractor whose operations ((as such)) do not fall within the foregoing definition of "general contractor".

             (4) "Unregistered contractor" means a person, firm, or corporation doing work as a contractor without being registered in compliance with this chapter. "Unregistered contractor" includes contractors whose registration is expired for more than thirty days beyond the renewal date or has been suspended.

             (5) "Department" means the department of labor and industries.

             (((5))) (6) "Director" means the director of the department of labor and industries.

             (((6))) (7) "Verification" means the receipt and duplication by the city, town, or county of a contractor registration card that is current on its face.


             Sec. 3. RCW 18.27.020 and 1993 c 454 s 6 are each amended to read as follows:

             (1) Every contractor shall register with the department.

             (2) It is a misdemeanor for any contractor to:

             (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter;

             (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor's registration is suspended or revoked;

             (c) Use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required; ((or))

             (d) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor; or

             (e) Knowingly subcontract work to a person, firm, or corporation not registered as required under this chapter. However, a contractor does not commit a misdemeanor under this section if a subcontractor becomes unregistered during the course of its work without the knowledge of the contractor.

             (3) All misdemeanor actions under this chapter shall be prosecuted in the county where the ((infraction)) violation occurs.

             (4) The director by rule shall establish a two-year audit and monitoring program for a contractor not registered under this chapter who becomes registered after receiving an infraction or conviction under this chapter as an unregistered contractor. The director shall notify the department of revenue and the employment security department of such infractions or convictions and shall cooperate with such departments in determining whether any taxes or registration, license, or other fees or penalties are owed the state.


             Sec. 4. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

             (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

             (a) Employer social security number.

             (b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

             (c) Employment security department number.

             (d) State excise tax registration number.

             (e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

             (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

             (g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) The department shall deny an application for registration ((shall be denied)) if the applicant has been previously registered as a sole proprietor, partnership, or corporation((, and was a principal or officer of the corporation,)) and ((if)) the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040((,)) that was incurred during a previous registration under this chapter. The department shall check for unsatisfied judgments under RCW 18.27.040 and a history of violations and misdemeanors when application is made. A history of violations, revoked and suspended registrations or licenses, or misdemeanors relating to the construction business may be grounds for denial.


             Sec. 5. RCW 18.27.040 and 1988 c 139 s 1 are each amended to read as follows:

             (1) Each applicant shall((, at the time of applying for or renewing a certificate of registration, file with the department a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in a form acceptable to the department running to the state of Washington if a general contractor, in the sum of six thousand dollars; if a specialty contractor, in the sum of four thousand dollars,)) accompany the application for a certificate of registration with a surety bond or continuation certificate issued by a surety insurer who meets the requirements of chapter 48.28 RCW in the sum of fifteen thousand dollars if the applicant is a general contractor and ten thousand dollars if the applicant is a specialty contractor. The bond shall have the state of Washington named as obligee with good and sufficient surety in a form to be approved by the department. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond. A cancellation or revocation of the bond or withdrawal of the surety from the bond suspends the registration issued to the registrant until a new bond or reinstatement notice has been filed and approved as provided in this section. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of the bond. In no event shall the penal sum, or a portion thereof, at two or more points in time be added together in determining the surety's liability. The bond shall be conditioned that the applicant will pay all persons performing labor, including employee benefits, for the contractor, will pay all taxes and contributions due to the state of Washington, and will pay all persons furnishing labor or material or renting or supplying equipment to the contractor and will pay all amounts that may be adjudged against the contractor by reason of ((negligent or improper work or)) breach of contract including negligent or improper work in the conduct of the contracting business. A change in the name of a business or a change in the type of business entity shall not impair a bond for the purposes of this section so long as one of the original applicants for such bond maintains partial ownership in the business covered by the bond.

             (2) Any contractor registered as of ((the effective date of this 1983 act)) July 1, 1995, who maintains such registration in accordance with this chapter shall be in compliance with this chapter until the next annual renewal of the contractor's certificate of registration. At that time, the contractor shall provide a bond, cash deposit, or other security deposit as required by this chapter and comply with all of the other provisions of this chapter before the department shall renew the contractor's certificate of registration.

             (3) Any person, firm, or corporation having a claim against the contractor for any of the items referred to in this section may bring suit upon ((such)) the bond or deposit in the superior court of the county in which the work was done or of any county in which jurisdiction of the contractor may be had. The surety issuing the bond shall be named as a party to any suit upon the bond. Action upon ((such)) the bond or deposit shall be commenced by filing the summons and complaint with the clerk of the appropriate superior court within one year from the date of expiration of the certificate of registration in force at the time the claimed labor was performed and benefits accrued, taxes and contributions owing the state of Washington became due, materials and equipment were furnished, or the claimed contract work was completed or abandoned. Service of process in an action against the contractor, the contractor's bond, or the deposit shall be exclusively by service upon the department. Three copies of the summons and complaint and a fee of ten dollars to cover the handling costs shall be served by registered or certified mail upon the department at the time suit is started and the department shall maintain a record, available for public inspection, of all suits so commenced. Service is not complete until the department receives the ten-dollar fee and three copies of the summons and complaint. ((Such)) The service shall constitute service on the registrant and the surety for suit upon the bond or deposit and the department shall transmit the summons and complaint or a copy thereof to the registrant at the address listed in his or her application and to the surety within forty-eight hours after it shall have been received.

             (4) The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond nor for any monetary penalty assessed pursuant to this chapter for an infraction. The liability of the surety shall not cumulate where the bond has been renewed, continued, reinstated, reissued or otherwise extended. The surety upon the bond may, upon notice to the department and the parties, tender to the clerk of the court having jurisdiction of the action an amount equal to the claims thereunder or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety upon the bond shall be exonerated but if the actions commenced and pending at any one time exceed the amount of the bond then unimpaired, claims shall be satisfied from the bond in the following order:

             (a) Employee labor, including employee benefits;

             (b) Claims for breach of contract by a party to the construction contract;

             (c) Material and equipment;

             (d) Taxes and contributions due the state of Washington;

             (e) Any court costs, interest, and attorney's fees plaintiff may be entitled to recover. The prevailing party in a bond claim action against the contractor and the contractor's bond, as required by this section, for breach of a construction contract is entitled to costs, interest, and reasonable attorneys' fees. In no event, however, may the combined costs, interest, attorneys' fees, and bond loss exceed the penal limit of the bond.

             The total amount paid from a bond or deposit to claimants other than those asserting a claim for breach of construction contract shall not exceed in the aggregate six thousand dollars for a general contractor and four thousand dollars for a specialty contractor.

             A payment made by the surety in good faith shall exonerate the bond to extent of any payment made by the surety.

             (5) ((In the event that any)) If a final judgment ((shall)) impairs the liability of the surety upon the bond so furnished that there shall not be in effect a bond undertaking in the full amount prescribed in this section, the department shall suspend the registration of ((such)) the contractor until the bond liability in the required amount unimpaired by unsatisfied judgment claims ((shall have been)) is furnished. If ((such)) the bond becomes fully impaired, a new bond must be furnished at the ((increased)) rates prescribed by this section ((as now or hereafter amended)).

             (6) In lieu of the surety bond required by this section the contractor may file with the department a deposit consisting of cash or other security acceptable to the department.

             (7) Any person having filed and served a summons and complaint as required by this section having an unsatisfied final judgment against the registrant for any items referred to in this section may execute upon the security held by the department by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry of such judgment. Upon the receipt of service of ((such)) the certified copy the department shall pay or order paid from the deposit, through the registry of the superior court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit.

             (8) The director may ((promulgate)) adopt rules necessary for the proper administration of the security.


             Sec. 6. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

             (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

             (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

             (a) One year;

             (b) Until the bond expires; or

             (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

             (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

             (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor by certified and by first class mail within forty-eight hours after suspension.

             (5) Renewal of registration shall be considered valid upon the date the department receives the required fee and proof of bond and liability insurance, if sent by certified mail or other means requiring proof of delivery. The receipt or proof of delivery shall serve as the contractor's proof of renewed registration until he or she receives verification from the department.


             Sec. 7. RCW 18.27.090 and 1987 c 313 s 1 are each amended to read as follows:

             This chapter ((shall)) does not apply to:

             (1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state;

             (2) Officers of a court when they are acting within the scope of their office;

             (3) Public utilities operating under the regulations of the utilities and transportation commission in construction, maintenance, or development work incidental to their own business;

             (4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee;

             (5) The sale or installation of any finished products, materials, or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of a structure;

             (6) Any construction, alteration, improvement, or repair of personal property, except this chapter shall apply to all mobile/manufactured housing. A mobile/manufactured home may be installed, set up, or repaired by the registered or legal owner, by a contractor ((licensed)) registered under this chapter, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW;

             (7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;

             (8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;

             (9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor, or that he or she is qualified to engage in the business of contractor;

             (10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor;

             (11) An owner who contracts for a project with a registered contractor;

             (12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person otherwise covered by this chapter who constructs an improvement on his or her own property with the intention and for the purpose of selling the improved property;

             (13) Owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties;

             (14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his or her license;

             (15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation;

             (16) Contractors on highway projects who have been prequalified as required by ((chapter 13 of the Laws of 1961,)) RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work.


             Sec. 8. RCW 18.27.100 and 1993 c 454 s 3 are each amended to read as follows:

             (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter.

             (2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered under this chapter.

             (3)(a) ((The alphabetized listing of contractors appearing in the advertising section of telephone books or other directories and)) All advertising that shows the contractor's name or address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection (3)(a) ((if the person selling the advertisement obtains the contractor's current registration number from the contractor)).

             (b) ((A person selling advertising should not accept advertisements for which the contractor registration number is required under (a) of this subsection if the contractor fails to provide the contractor registration number.)) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, and telephone number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued within forty-eight hours after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b).

             (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.

             (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto.

             (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter.

             (7)(a) The finding of a violation of this section by the director at a hearing held in accordance with ((the Administrative Procedure Act,)) chapter 34.05 RCW((,)) shall subject the person committing the violation to a penalty of not more than five thousand dollars as determined by the director.

             (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error.


             Sec. 9. RCW 18.27.104 and 1989 c 175 s 61 are each amended to read as follows:

             (1) If, upon investigation, the director or the director's designee has probable cause to believe that a person holding a registration, an applicant for registration, or ((an unregistered)) a person acting in the capacity of a contractor who is not otherwise exempted from this chapter, has violated RCW 18.27.100 by unlawfully advertising for work covered by this chapter ((in an alphabetical or classified directory)), the department may issue a citation containing an order of correction. Such order shall require the violator to cease the unlawful advertising.

             (2) If the person to whom a citation is issued under subsection (1) of this section notifies the department in writing that he or she contests the citation, the department shall afford an opportunity for an adjudicative proceeding under chapter 34.05 RCW((, the Administrative Procedure Act,)) within thirty days after receiving the notification.


             Sec. 10. RCW 18.27.110 and 1993 c 454 s 5 are each amended to read as follows:

             (1) No city, town or county shall issue a construction building permit for work which is to be done by any contractor required to be registered under this chapter without verification that such contractor is currently registered as required by law. When such verification is made, nothing contained in this section is intended to be, nor shall be construed to create, or form the basis for any liability under this chapter on the part of any city, town or county, or its officers, employees or agents. However, failure to verify the contractor registration number results in liability to the city, town, or county to a penalty to be imposed according to RCW 18.27.100(((6))) (7)(a).

             (2) At the time of issuing the building permit, all cities, towns, or counties are responsible for:

             (a) Printing the contractor registration number on the building permit; and

             (b) Providing a written notice to the building permit applicant informing them of contractor registration laws and the potential risk and monetary liability to the homeowner for using an unregistered contractor.

             (3) If a building permit is obtained by an applicant or contractor who falsifies information to obtain an exemption provided under RCW 18.27.090, the building permit shall be forfeited.


             Sec. 11. RCW 18.27.114 and 1988 c 182 s 1 are each amended to read as follows:

             (1) ((Until July 1, 1989, any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement prior to starting work on the project:


"NOTICE TO CUSTOMER

 

This contractor is registered with the state of Washington, registration no. . . . ., as a general/specialty contractor and has posted with the state a bond or cash deposit of $6,000/$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the department of labor and industries."


             (2) On and after July 1, 1989,)) Any contractor agreeing to perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract price totals one thousand dollars or more; or (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement prior to starting work on the project:


"NOTICE TO CUSTOMER

 

This contractor is registered with the state of Washington, registration no. . . . ., as a general/specialty contractor and has posted with the state a bond or cash deposit of $6,000/$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. The expiration date of this contractor's registration is . . . . . . This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the department of labor and industries."


             (((3) On and after July 1, 1989,)) (2) A contractor subject to this section shall notify any consumer to whom notice is required under subsection (((2))) (1) of this section if the contractor's registration has expired or is revoked or suspended by the department prior to completion or other termination of the contract with the consumer.

             (((4))) (3) No contractor subject to this section may bring or maintain any lien claim under chapter 60.04 RCW based on any contract to which this section applies without alleging and proving that the contractor has provided the customer with a copy of the disclosure statement as required in subsection (1) ((or (2))) of this section.

             (((5))) (4) This section does not apply to contracts authorized under chapter 39.04 RCW or to contractors contracting with other contractors.

             (((6))) (5) Failure to comply with this section shall constitute an infraction under the provisions of this chapter.

             (((7))) (6) The department shall produce model disclosure statements, and public service announcements detailing the information needed to assist contractors and contractors' customers to comply under this section. As necessary, the department shall periodically update these education materials.


             Sec. 12. RCW 18.27.117 and 1987 c 313 s 2 are each amended to read as follows:

             The legislature finds that setting up and siting mobile/manufactured homes must be done properly for the health, safety, and enjoyment of the occupants. Therefore, when any of the following cause a health and safety risk to the occupants of a mobile/manufactured home, or severely hinder the use and enjoyment of the mobile/manufactured home, a violation of RCW 19.86.020 shall have occurred:

             (1) The mobile/manufactured home has been improperly installed by a contractor ((licensed)) registered under chapter 18.27 RCW, or a mobile/manufactured dealer or manufacturer licensed under chapter 46.70 RCW;

             (2) A warranty given under chapter 18.27 RCW or chapter 46.70 RCW has not been fulfilled by the person or business giving the warranty; and

             (3) A bonding company that issues a bond under chapter 18.27 RCW or chapter 46.70 RCW does not reasonably and professionally investigate and resolve claims made by injured parties.


             Sec. 13. RCW 18.27.200 and 1993 c 454 s 7 are each amended to read as follows:

             (1) It is a violation of this chapter and an infraction for any contractor to:

             (a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter;

             (b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor's registration is suspended or revoked; ((or))

             (c) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor; or

             (d) Knowingly subcontract work to a person not registered as required under this chapter. However, a contractor does not commit an infraction if the subcontractor becomes unregistered during the course of its work without the knowledge of the contractor.

             (2) Each day that a contractor works without being registered as required by this chapter, works while the contractor's registration is suspended, or works under a registration issued to another contractor is a separate infraction. Each worksite at which a contractor works without being registered as required by this chapter, works while the contractor's registration is suspended, or works under a registration issued to another contractor is a separate infraction.



             Sec. 14. RCW 18.27.230 and 1993 c 454 s 9 are each amended to read as follows:

             The department may issue a notice of infraction if the department reasonably believes that the contractor ((required to be registered by this chapter has failed to do so or)) has ((otherwise)) committed ((a violation under RCW 18.27.200)) an infraction under this chapter. A notice of infraction issued under this section shall be personally served on the contractor named in the notice by the department's compliance inspectors or service can be made by certified mail directed to the contractor named in the notice of infraction. If the contractor named in the notice of infraction is a firm or corporation, the notice may be personally served on any employee of the firm or corporation. If a notice of infraction is personally served upon an employee of a firm or corporation, the department shall within four days of service send a copy of the notice by certified mail to the contractor if the department is able to obtain the contractor's address.


             Sec. 15. RCW 18.27.340 and 1986 c 197 s 10 are each amended to read as follows:

             (1) Except as otherwise provided in subsections (4) and (5) of this section, a contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than two hundred dollars and not more than three thousand dollars.

             (2) Except as otherwise provided in subsections (4) and (5) of this section, the administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction only upon a showing of good cause that the penalty would be unduly burdensome ((to)) for the contractor.

             (3) The director may waive collection in favor of payment of restitution to a consumer complainant.

             (4) A contractor found to have committed an infraction under RCW 18.27.200 for failure to register shall be assessed a fine of not less than one thousand dollars, nor more than five thousand dollars. The penalty for failure to register may be reduced, but in no case below five hundred dollars, if the person becomes registered within ten days of receiving a citation and the citation is for a first offense.

             (5) If a contractor who is issued a notice of infraction is an unregistered contractor under this chapter, then the contractor is subject to a penalty in the amount of one thousand dollars per violation. The penalty may be reduced, but in no case below five hundred dollars, if the person registers as a contractor within ten days of the notice of infraction.

             (6) Monetary penalties collected under this chapter shall be deposited in the general fund.


             Sec. 16. RCW 51.12.020 and 1991 c 324 s 18 and 1991 c 246 s 4 are each reenacted and amended to read as follows:

             The following are the only employments which shall not be included within the mandatory coverage of this title:

             (1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.

             (2) Any person employed to do gardening, maintenance, or repair, ((remodeling, or similar work)) in or about the private home of the employer. For the purposes of this subsection, "maintenance" means the work of keeping in proper condition, "repair" means to restore to sound condition after damage, and "private home" means a person's place of residence.

             (3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.

             (4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.

             (5) Sole proprietors or partners.

             (6) Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm.

             (7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.

             (8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection.

             (b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400(((19))) (20) may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under subsection (8)(a) of this section, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt.

             (c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.

             (d) A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110.

             (9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.

             (10) Services performed by a newspaper carrier selling or distributing newspapers on the street or from house to house.

             (11) Services performed by an insurance agent, insurance broker, or insurance solicitor, as defined in RCW 48.17.010, 48.17.020, and 48.17.030, respectively.

             (12) Services performed by a booth renter as defined in RCW 18.16.020. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.


             NEW SECTION. Sec. 17. RCW 18.27.140 and 1983 1st ex.s. c 2 s 21 & 1973 1st ex.s. c 161 s 2 are each repealed."


             On page 1, line 1 of the title, after "contractors;" strike the remainder of the title and insert "amending RCW 18.27.010, 18.27.020, 18.27.030, 18.27.040, 18.27.060, 18.27.090, 18.27.100, 18.27.104, 18.27.110, 18.27.114, 18.27.117, 18.27.200, 18.27.230, and 18.27.340; reenacting and amending RCW 51.12.020; adding a new section to chapter 18.27 RCW; repealing RCW 18.27.140; and prescribing penalties."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Lisk moved that the House not concur in the Senate amendments to Substitute House Bill No. 1630 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Cairnes, Hargrove and Conway as Conferees on Substitute House Bill No. 1630.


SENATE AMENDMENTS TO HOUSE BILL


April 5, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 50.04.320 and 1986 c 21 s 1 are each amended to read as follows:

             (1) For the purpose of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred to as a successor employer) during any calendar year acquires substantially all the operating assets of another employer (hereinafter referred to as a predecessor employer) or assets used in a separate unit of a trade or business of a predecessor employer, and immediately after the acquisition employs in the individual's trade or business an individual who immediately before the acquisition was employed in the trade or business of the predecessor employer, then, for the purposes of determining the amount of remuneration paid by the successor employer to the individual during the calendar year which is subject to contributions, any remuneration paid to the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as having been paid by the successor employer.

             (2) For the purpose of payment of benefits, "wages" means the remuneration paid by one or more employers to an individual for employment under this title during his base year: PROVIDED, That at the request of a claimant, wages may be calculated on the basis of remuneration payable. The department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant's request a redetermination may be performed and based on remuneration payable.

             (3) For the purpose of payment of benefits and payment of contributions, the term "wages" includes tips which are received after January 1, 1987, while performing services which constitute employment, and which are reported to the employer for federal income tax purposes.

             (4)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. The reasonable cash value of compensation paid in any medium other than cash and the reasonable value of gratuities shall be estimated and determined in accordance with rules prescribed by the commissioner. Remuneration does not include payments to members of a reserve component of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time.

             (b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned.

             (c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an employment contract with a public agency prior to its expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.

             (d) Except as provided in (c) of this subsection, the provisions of this ((section)) subsection (4) pertaining to the assignment of previously accrued compensation shall not apply to individuals subject to RCW 50.44.050.


             Sec. 2. RCW 50.44.050 and 1990 c 33 s 587 are each amended to read as follows:

             Except as otherwise provided in subsections (1) through (4) of this section, benefits based on services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this title.

             (1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or terms within an academic year (or, when an agreement provides instead for a similar period between two regular but not successive terms within an academic year, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.

             (2) Benefits shall not be paid based on services in any other capacity for an educational institution for any week of unemployment which commences during the period between two successive academic years or terms within an academic year, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms: PROVIDED, That if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.

             (3) Benefits shall not be paid based on any services described in subsections (1) and (2) of this section for any week of unemployment which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

             (4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services described in subsections (1) or (2) of this section to any individual who performed such services in an educational institution while in the employ of an educational service district which is established pursuant to chapter 28A.310 RCW and exists to provide services to local school districts.

             (5) As used in subsections (1) and (2) of this section, "academic year" includes fall, winter, spring, and summer quarters and comparable semesters unless, based upon objective criteria including enrollment and staffing, the quarter or comparable semester is not in fact a part of the academic year for the particular institution.


             Sec. 3. RCW 50.44.053 and 1985 ex.s. c 5 s 9 are each amended to read as follows:

             The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term, provided that the agreement is not contingent on enrollment, funding, or program changes. A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term.


             NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


             On page 1, line 2 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 50.04.320, 50.44.050, and 50.44.053; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Lisk moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 1821 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


             The Speaker appointed Representatives Lisk, Carlson and Kessler as Conferees on Engrossed Substitute House Bill No. 1821.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1995


Mr. Speaker:


             The Senate has passed HOUSE JOINT MEMORIAL NO. 4030 with the following amendment:


             On page 1, after line 8, strike the remainder of the joint memorial and insert the following:

             "WHEREAS, The federal government, in an effort to protect the national security of the United States, established the Hanford site in Central Washington in 1943; and

             WHEREAS, During the course of the past five decades, many dangerous, toxic, and nuclear wastes were disposed of or stored at the site; and

             WHEREAS, Two-thirds of the volume of nuclear waste in the entire United States is stored at Hanford; and

             WHEREAS, The Department of Energy has been tasked with overseeing the cleanup of the site; and

             WHEREAS, Millions of dollars have been expended at Hanford for environmental cleanup; and

             WHEREAS, The United States General Accounting Office estimates that a significant amount of the cleanup funds have been expended on administrative and legal activities; and

             WHEREAS, The federal government agreed under the "Tri-Party Agreement" to a series of milestones to clean up the site; and

             WHEREAS, Key milestones in this agreement cannot be met if the Department of Energy does not follow through on its proposal to reduce cleanup funding at the Hanford site; and

             WHEREAS, The federal government has now announced that four thousand five hundred jobs will be eliminated as a result of these cuts; and

             WHEREAS, These cuts will delay the cleanup and increase its cost.

             NOW, THEREFORE, Your Memorialists respectfully pray that the federal government work with Washington State and local officials to eliminate duplicative Department of Energy orders, streamline paperwork requirements, and otherwise reduce unnecessary costs so that full and adequate funding may be available for environmental cleanup; that it begin immediately to construct the facilities necessary to implement cleanup of the Hanford site; and that it maintain its commitment to funding and implementing all the key milestones of the "Tri-Party Agreement."

             BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the Secretary of the Department of Energy, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Chandler moved that the House not concur in the Senate amendments to House Joint Memorial No. 4030 and ask the Senate to recede therefrom.


             There being no objection, the House considered the following bills in the following order: Substitute House Bill No. 1017, Second Engrossed House Bill No. 1130, Engrossed Second Substitute House Bill No. 1156, House Bill No. 1176, House Bill No. 1186, House Bill No. 1193 and Substitute House Bill No. 1195.


SENATE AMENDMENTS TO HOUSE BILL


April 5, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1017, with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 38.52.005 and 1986 c 266 s 22 are each amended to read as follows:

             The department ((of community development)) shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter. All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070, may change their name and be called the . . . . . . department/division of emergency management.


             Sec. 2. RCW 38.52.010 and 1993 c 251 s 5 and 1993 c 206 s 1 are each reenacted and amended to read as follows:

             As used in this chapter:

             (1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.

             (2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.

             (3) "Political subdivision" means any county, city or town.

             (4) "Emergency worker" means any person, including but not limited to an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, who is registered with a local emergency management organization or the department ((of community development)) and holds an identification card issued by the local emergency management director or the department ((of community development)) for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.

             (5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.

             (6)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

             (b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430.

             (7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.

             (8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.

             (9) "Director" means the ((director of community development)) adjutant general.

             (10) "Local director" means the director of a local organization of emergency management or emergency services.

             (11) "Department" means the state military department ((of community development)).

             (12) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section.

             (13) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

             (14) "Public agency" means the state, and a city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services.


             Sec. 3. RCW 38.52.090 and 1987 c 185 s 6 are each amended to read as follows:

             (1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. The ((director of community development)) adjutant general shall adopt and distribute a standard form of contract for use by local organizations in understanding and carrying out said mutual aid arrangements.

             (2) The ((director of community development)) adjutant general and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. All such arrangements shall be pursuant to either of the compacts contained in subsection (2) (a) or (b) of this section.

             (a) The legislature recognizes that the compact language contained in this subsection is inadequate to meet many forms of emergencies. For this reason, after June 7, 1984, the state may not enter into any additional compacts under this subsection (2)(a).


INTERSTATE CIVIL DEFENSE

AND DISASTER COMPACT


             The contracting States solemnly agree:

             Article 1. The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense (Emergency Services) of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.

             Article 2. It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:

             (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;

             (b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;

             (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;

             (d) The effective screening or extinguishing of all lights and lighting devices and appliances;

             (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;

             (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;

             (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;

             (h) The safety of public meetings or gatherings; and

             (i) Mobile support units.

             Article 3. Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.

             Article 4. Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.

             Article 5. No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

             Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

             Article 7. Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.

             Article 8. Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.

             Article 9. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

             Article 10. This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.

             Article 11. The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.

             Article 12. This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.

             Article 13. This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.

             Article 14. This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be effected thereby.

             Article 15. (a) This Article shall be in effect only as among those states which have enacted it into law or in which the Governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.

             (b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:

             1. Searches for and rescue of person who are lost, marooned, or otherwise in danger.

             2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.

             3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.

             4. The giving and receiving of aid by subdivisions of party States.

             5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.

             (c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.

             (d) Nothing in this Article shall be construed to exclude from the coverage of Articles 1-15 of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.

             (b) The compact language contained in this subsection (2)(b) is intended to deal comprehensively with emergencies requiring assistance from other states.


INTERSTATE MUTUAL AID COMPACT


Purpose


The purpose of this Compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster, that over extends the ability of local and state governments to reduce, counteract or remove the danger. Assistance may include, but not be limited to, rescue, fire, police, medical, communication, transportation services and facilities to cope with problems which require use of special equipment, trained personnel or personnel in large numbers not locally available.


Authorization


Article I, Section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts.


Implementation


It is agreed by participating states that the following conditions will guide implementation of the Compact:

             1. Participating states through their designated officials are authorized to request and to receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency, and other resources are not immediately available.

             2. Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it shall be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, personnel or other resources needed. Each request must be signed by an authorized official.

             3. Personnel and equipment of the aiding party made available to the requesting party shall, whenever possible, remain under the control and direction of the aiding party. The activities of personnel and equipment of the aiding party must be coordinated by the requesting party.

             4. An aiding state shall have the right to withdraw some or all of their personnel and/or equipment whenever the personnel or equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting party as soon as possible.


General Fiscal Provisions


The state government of the requesting party shall reimburse the state government of the aiding party. It is understood that reimbursement shall be made as soon as possible after the receipt by the requesting party of an itemized voucher requesting reimbursement of costs.

             1. Any party rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.

             2. Any state rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for the cost of payment of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives in the event such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement, provided that such payments are made in the same manner and on the same terms as if the injury or death were sustained within such state.


Privileges and Immunities


             1. All privileges and immunities from liability, exemptions from law, ordinances, rules, all pension, relief disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement.

             2. All privileges and immunities from liability, exemptions from law, ordinances, and rules, workers' compensation and other benefits which apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits, shall apply to the same degree and extent while performing their functions extra-territorially under the provisions of this Agreement. Volunteers may include, but not be limited to, physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.

             3. The signatory states, their political subdivisions, municipal corporations and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.

             4. Nothing in this arrangement shall be construed as repealing or impairing any existing Interstate Mutual Aid Agreements.

             5. Upon enactment of this Agreement by two or more states, and by January 1, annually thereafter, the participating states will exchange with each other the names of officials designated to request and/or provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it shall be permissible and desirable for the parties to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.

             6. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

             7. This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states. An actual withdrawal shall not take effect until the thirtieth consecutive day after the notice provided in the statute has been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal.


             Sec. 4. RCW 38.52.420 and 1994 c 264 s 11 are each amended to read as follows:

             (1) The department ((of community, trade, and economic development)), in consultation with appropriate federal agencies, the departments of natural resources, fish and wildlife, and ecology, representatives of local government, and any other person the director may deem appropriate, shall develop a model contingency plan, consistent with other plans required for hazardous materials by federal and state law, to serve as a draft plan for local governments which may be incorporated into the state and local emergency management plans.

             (2) The model contingency plan shall:

             (a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil and other spilled material and furthering the prevention and mitigation of such pollution;

             (b) Include recommendations for the training of local personnel consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;

             (c) Suggest cooperative training exercises between the public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;

             (d) Identify federal and state laws requiring contingency or management plans applicable or related to prevention of pollution, emergency response capabilities, and hazardous waste management, together with a list of funding sources that local governments may use in development of their specific plans;

             (e) Promote formal agreements between the department ((of community, trade, and economic development)) and local entities for effective spill response; and

             (f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require the use of volunteers by a responding responsible party without that party's consent.


             Sec. 5. RCW 38.54.010 and 1992 c 117 s 9 are each amended to read as follows:

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

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

             (2) "Director" means the director of the department of community, trade, and economic development.

             (3) "State fire marshal" means the assistant director of the division of fire protection services in the department of community, trade, and economic development.

             (4) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.

             (5) "Jurisdiction" means state, county, city, fire district, or port district (([fire])) fire fighting units, or other units covered by this chapter.

             (6) "Mobilization" means that fire fighting resources beyond those available through existing agreements will be requested and, when available, sent ((to fight a fire)) in response to an emergency or disaster situation that has ((or soon will exceed)) exceeded the capabilities of available local resources. During a large scale ((fire)) emergency, mobilization includes the redistribution of regional or state-wide fire fighting resources to either direct ((fire fighting)) emergency incident assignments or to assignment in communities where fire fighting resources are needed.

             When mobilization is declared and authorized as provided in this chapter, all fire fighting resources except those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.

             This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.

             (7) "Mutual aid" means emergency interagency assistance provided without compensation under ((and [an])) an agreement between jurisdictions under chapter 39.34 RCW.


             Sec. 6. RCW 38.54.020 and 1992 c 117 s 10 are each amended to read as follows:

             Because of the possibility of the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to fire fighting agencies that respond to help others in time of need or to a host fire district that experiences expenses beyond the resources of the fire district, and generally to protect the public peace, health, safety, lives, and property of the people of Washington, it is hereby declared necessary to:

             (1) Provide the policy and organizational structure for large scale mobilization of fire fighting resources in the state through creation of the Washington state fire services mobilization plan;

             (2) Confer upon the director ((of the department of community development)) the powers provided herein; ((and))

             (3) Provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the director under the Washington state fire services mobilization plan; and

             (4) Provide for reimbursement of host district fire fighting resources when the local district has: (a) Exhausted all of its resources; and (b) invoked its local mutual aid network and exhausted those resources. Upon implementation of state fire mobilization, the host district resources shall become state fire mobilization resources consistent with the fire mobilization plan.

             It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement of expenses incurred in providing fire fighting resources for mobilization.


             Sec. 7. RCW 38.54.050 and 1992 c 117 s 13 are each amended to read as follows:

             The department ((of community development)) in consultation with the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from appropriate federal and state funds when jurisdictions are mobilized by the director under the Washington state fire services mobilization plan. The department shall ensure that these procedures provide reimbursement to the host district in as timely a manner as possible.


             Sec. 8. RCW 46.16.340 and 1986 c 266 s 49 are each amended to read as follows:

             The director, from time to time, shall furnish the state military department, the department of community, trade, and economic development, the Washington state patrol, and all county sheriffs a list of the names, addresses, and license plate or radio station call letters of each person possessing the special amateur radio station license plates so that the facilities of such radio stations may be utilized to the fullest extent in the work of these governmental agencies.


             Sec. 9. RCW 88.46.100 and 1991 c 200 s 423 are each amended to read as follows:

             (1) In order to assist the state in identifying areas of the navigable waters of the state needing special attention, the owner or operator of a covered vessel shall notify the coast guard within one hour:

             (a) Of the disability of the covered vessel if the disabled vessel is within twelve miles of the shore of the state; and

             (b) Of a collision or a near miss incident within twelve miles of the shore of the state.

             (2) The ((division of emergency management of the)) state military department ((of community development)) and the office shall request the coast guard to notify the ((division of emergency management)) state military department as soon as possible after the coast guard receives notice of a disabled covered vessel or of a collision or near miss incident within twelve miles of the shore of the state. The office shall negotiate an agreement with the coast guard governing procedures for coast guard notification to the state regarding disabled covered vessels and collisions and near miss incidents.

             (3) The office shall prepare a summary of the information collected under this section and provide the summary to the regional marine safety committees, the coast guard, and others in order to identify problems with the marine transportation system.

             (4) For the purposes of this section:

             (a) A tank vessel or cargo vessel is considered disabled if any of the following occur:

             (i) Any accidental or intentional grounding;

             (ii) The total or partial failure of the main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel;

             (iii) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service, including but not limited to, fire, flooding, or collision with another vessel;

             (iv) Any other occurrence that creates the serious possibility of an oil spill or an occurrence that may result in such a spill.

             (b) A barge is considered disabled if any of the following occur:

             (i) The towing mechanism becomes disabled;

             (ii) The towboat towing the barge becomes disabled through occurrences defined in (a) of this subsection.

             (c) A near miss incident is an incident that requires the pilot or master of a covered vessel to take evasive actions or make significant course corrections in order to avoid a collision with another ship or to avoid a grounding as required by the international rules of the road.

             (5) Failure of any person to make a report under this section shall not be used as the basis for the imposition of any fine or penalty.


             NEW SECTION. Sec. 10. A new section is added to chapter 38.52 RCW to read as follows:

             All powers, duties, and functions of the department of community, trade, and economic development pertaining to emergency management are transferred to the state military department. All references to the director or the department of community development or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the adjutant general or the state military department when referring to the functions transferred in this section.


             NEW SECTION. Sec. 11. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state military department. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the state military department. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the state military department.

             Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the state military department.

             Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.


             NEW SECTION. Sec. 12. All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the state military department. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state military department to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. All employees of the department of community, trade, and economic development exempted under chapter 41.06 RCW shall retain such exemption after transfer.


             NEW SECTION. Sec. 13. All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the state military department. All existing contracts and obligations shall remain in full force and shall be performed by the state military department.


             NEW SECTION. Sec. 14. The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed prior to the effective date of this section.


             NEW SECTION. Sec. 15. If apportionments of budgeted funds are required because of the transfers directed by sections 11 through 14 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.


             NEW SECTION. Sec. 16. (1) The military department, in cooperation with the Washington state patrol and the emergency management council, shall by December 31, 1995, develop a strategic plan to enhance the coordination and efficiency and decrease the costs of the military department's emergency management programs and services. The plan shall:

             (a) Evaluate all current programs and services;

             (b) Develop new and innovative techniques for the administration of programs and delivery of services;

             (c) Strengthen military department linkages with local agencies; and

             (d) Assess the use of private sector equipment, materials, and services.

             (2) A summary of the strategic plan shall be delivered to the appropriate committees of the legislature no later than July 10, 1996.


             NEW SECTION. Sec. 17. Nothing contained in sections 10 through 15 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.


             NEW SECTION. Sec. 18. 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 "management;" strike the remainder of the title and insert "amending RCW 38.52.005, 38.52.090, 38.52.420, 38.54.010, 38.54.020, 38.54.050, 46.16.340, and 88.46.100; reenacting and amending RCW 38.52.010; adding a new section to chapter 38.52 RCW; creating new sections; providing an effective date; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Reams moved that the House concur in the Senate amendments to Substitute House Bill No. 1017 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1017 as amended by the Senate.


             Representatives Reams and Rust spoke in favor of passage of the bill.


             Representative Mason spoke against passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1017 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 74, Nays - 23, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cody, Conway, Cooke, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Jacobsen, Kessler, Lambert, Lisk, Mastin, Mielke, Mitchell, Mulliken, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Silver, Skinner, Smith, Sommers, Sterk, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 74.

             Voting nay: Representatives Brown, Brumsickle, Chappell, Cole, Costa, Crouse, Fuhrman, Goldsmith, Hargrove, Hymes, Johnson, Koster, Kremen, Mason, McMahan, McMorris, Morris, Pennington, Regala, Sheldon, Sherstad, Stevens and Tokuda - 23.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1017, as amended by the Senate, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Substitute House Bill No. 1017.


GRANT PELESKY, 25th District


SENATE AMENDMENTS TO HOUSE BILL


April 5, 1995


Mr. Speaker:


             The Senate has passed SECOND ENGROSSED HOUSE BILL NO. 1130, with the following amendments:


             On page 1, after line 14, insert:

             "This section shall not apply to an engineer operating a locomotive within yard limits or when on track, which is not main line track, where crossing speed is restricted by published special instruction or bulletin to ten miles per hour or less."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt moved that the House concur in the Senate amendments to Second Engrossed House Bill No. 1130 and pass the bill as amended by the Senate.


             Representatives Crouse and R. Fisher spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Second Engrossed House Bill No. 1130 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Second Engrossed House Bill No. 1130 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Voting nay: Representatives Ebersole and Skinner - 2.

             Excused: Representative Benton - 1.


             Second Engrossed House Bill No. 1130, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1156 with the following amendments:


             On page 1, beginning on line 9, after "nonprofit" strike "partnerships between school districts and local communities that" and insert "corporations that are organized to benefit education in school districts and local communities. These foundations"


             On page 2, beginning on line 19, strike all material through "1999." on line 23


             On page 2, line 27, after "31," strike "1999" and insert "1997"


and the same are herewith transmitted.


Marty Brown, Secretary


MOTION


             Representative Brumsickle moved that the House concur in the Senate amendments to Engrossed Second Substitute House Bill No. 1156 and pass the bill as amended by the Senate.


             Representative Brumsickle spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1156 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1156 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.

             Voting nay: Representatives Beeksma, Cairnes, Cooke, Goldsmith, McMahan and Stevens - 6.

             Excused: Representative Benton - 1.


             Engrossed Second Substitute House Bill No. 1156, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 5, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1176 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 3.34.010 and 1994 c 111 s 1 are each amended to read as follows:

             The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, ((two)) three; Chelan, two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two; Douglas, ((two)) one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Snohomish, seven; Spokane, nine; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020.


             NEW SECTION. Sec. 2. This is 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 "judges;" strike the remainder of the title and insert "amending RCW 3.34.010; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Delvin moved that the House concur in the Senate amendments to House Bill No. 1176 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of House Bill No. 1176 as amended by the Senate.


ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1176 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             House Bill No. 1176, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 4, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1186 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 26.18.190 and 1990 1st ex.s. c 2 s 17 are each amended to read as follows:

             (1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of the injured worker for whom the injured worker owes a duty of child support, the amount of compensation the department or self-insurer pays on behalf of the child or children shall be treated for all purposes as if the injured worker paid the compensation toward satisfaction of the injured worker's child support obligations.

             (2) When the social security administration pays social security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of ((the)) a disabled person, a retired person, or a deceased person, the amount of ((compensation)) benefits paid for the child or children shall be treated for all purposes as if the disabled person, the retired person, or the deceased person paid the ((compensation)) benefits toward the satisfaction of ((the disabled)) that person's child support obligation for that period for which benefits are paid.

             (3) Under no circumstances shall the person who has the obligation to make the transfer payment have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section."


             On page 1, line 1 of the title, after "benefits;" strike the remainder of the title and insert "and amending RCW 26.18.190."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Sheahan moved that the House concur in the Senate amendments to House Bill No. 1186 and pass the bill as amended by the Senate.


             Representative Sheahan spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of House Bill No. 1186 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1186 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             House Bill No. 1186, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1193 with the following amendments:


             On page 1 beginning on line 6, strike all material through line 9 and insert: "((By July 1, 1991, the department shall set and charge reasonable rental rates for the use of its real property, buildings, or structures. The department shall deposit receipts from the charges in the transportation capital facilities account.))"


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt moved that the House concur in the Senate amendments to House Bill No. 1193 and pass the bill as amended by the Senate.


             Representative K. Schmidt spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of House Bill No. 1193 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1193 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             House Bill No. 1193, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1195 with the following amendments:


             On page 6, line 16, after "bond" insert "or provides other evidence of financial responsibility"


             On page 6, line 16, after "jurisdiction" insert "to ensure that the site is restored to preexisting conditions"


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt moved that the House concur in the Senate amendments to Substitute House Bill No. 1195 and pass the bill as amended by the Senate.


             Representative K. Schmidt spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1195 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1195 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1195, as amended by the Senate, having received the constitutional majority, was declared passed.


MESSAGES FROM THE SENATE


April 19, 1995


Mr. Speaker:


             The President has signed:


SENATE INITIATIVE NO. 164,


and the same is herewith transmitted.


Marty Brown, Secretary


April 19, 1995


Mr. Speaker:


             The President has signed:


SUBSTITUTE SENATE BILL NO. 5012,

SUBSTITUTE SENATE BILL NO. 5017,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064,

SUBSTITUTE SENATE BILL NO. 5084,

SENATE BILL NO. 5287,

ENGROSSED SENATE BILL NO. 5397,

SENATE BILL NO. 5445,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5503,

SENATE BILL NO. 5523,

SUBSTITUTE SENATE BILL NO. 5537,


and the same are herewith transmitted.


Marty Brown, Secretary


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:


ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1009,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1010,

SUBSTITUTE HOUSE BILL NO. 1035,

SUBSTITUTE HOUSE BILL NO. 1053,

SECOND SUBSTITUTE HOUSE BILL NO. 1162,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1206,

HOUSE BILL NO. 1224,

HOUSE BILL NO. 1249,

HOUSE BILL NO. 1282,

SUBSTITUTE HOUSE BILL NO. 1342,

SUBSTITUTE HOUSE BILL NO. 1348,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2090,



             The Speaker declared the House to be ease.


             The Speaker called the House to order.


             There being no objection, the House considered the following bills in the following order: Second Substitute House Bill No. 1027, Substitute House Bill No. 1250, Substitute House Bill No. 1270, Substitute House Bill No. 1273, Engrossed Substitute House Bill No. 1298 and Substitute House Bill No. 1336.


             There being no objection, the House resumed consideration of Second Substitute House Bill No. 1027.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1027 as amended by the Senate.


             Representatives Brumsickle, Mastin and Robertson spoke in favor of passage of the bill.


MOTION


             On motion of Representative Brown, Representative Sheldon was excused.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1027 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Excused: Representatives Benton and Sheldon - 2.


             Second Substitute House Bill No. 1027, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 7, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1270 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.25.050 and 1990 c 56 s 1 are each amended to read as follows:

             (1) Drivers of commercial motor vehicles shall obtain a commercial driver's license as required under this chapter by April 1, 1992. The director shall establish a program to convert all qualified commercial motor vehicle drivers by that date. After April 1, 1992, except when driving under a commercial driver's instruction permit and a valid automobile or classified license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:

             (a) Who is the operator of a farm vehicle, and the vehicle is:

             (i) Controlled and operated by a farmer;

             (ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm;

             (iii) Not used in the operations of a common or contract motor carrier; and

             (iv) Used within one hundred fifty miles of the person's farm; or

             (b) Who is a fire fighter or law enforcement officer operating emergency equipment, and:

             (i) The fire fighter or law enforcement officer has successfully completed a driver training course approved by the director; and

             (ii) The fire fighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or

             (c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose.

             (2) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to disqualification, or in violation of an out-of-service order. Violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1)."


             In line 2 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 46.25.050."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt moved that the House concur in the Senate amendments to Substitute House Bill No. 1270 and pass the bill as amended by the Senate.


             Representative K. Schmidt spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1270 as amended by the Senate.


             Representative Morris spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1270 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Excused: Representatives Benton and Sheldon - 2.


             Substitute House Bill No. 1270, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1273 with the following amendments:


             On page 2, beginning on line 7, after "in" strike all material through "(2)" on line 8


             On page 2, beginning on line 25, after "in" strike all material through "(2)" on line 26

             On page 2, after line 10, strike all of section 3


             On page 2, after line 27, strike all of section 5


             On page 1, beginning on line 2 of the title, after "tribes;" strike all material through "RCW;" on line 3 and insert "adding a new section to chapter 82.36 RCW; adding a new section to chapter 82.38 RCW;"


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative K. Schmidt moved that the House concur in the Senate amendments to Substitute House Bill No. 1273 and pass the bill as amended by the Senate.


             Representative K. Schmidt spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1273 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1273 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1273, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 70.96A.400 and 1989 c 270 s 20 are each amended to read as follows:

             The state of Washington declares that there is no fundamental right to ((methadone)) opiate substitution treatment. The state of Washington further declares that while methadone ((is an)) and other like pharmacological drugs, used in the treatment of opiate dependency are addictive substances, that ((it)) they nevertheless ((has)) have several legal, important, and justified uses and that one of ((its)) their appropriate and legal uses is, in conjunction with other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids.

             Because methadone ((is)) and other like pharmacological drugs, used in the treatment of opiate dependency are addictive and ((is)) are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of Washington and authorizing counties on behalf of their citizens have the legal obligation and right to regulate the use of ((methadone)) opiate substitution treatment. The state of Washington declares its authority to control and regulate carefully, in cooperation with the authorizing counties, all clinical uses of methadone and other pharmacological drugs used in the treatment of ((opium)) opiate addiction.

             Further, the state declares that the primary goal of ((methadone)) opiate substitution treatment is ((drug-free living)) total abstinence from chemical dependency for the individuals who participate in the treatment program. The state recognizes that a small percentage of persons who participate in opiate substitute treatment programs require treatment for an extended period of time. Opiate substitution treatment programs shall provide a comprehensive transition program to eliminate chemical dependency; including opiate and opiate substitute addiction of program participants.


             Sec. 2. RCW 70.96A.410 and 1989 c 270 s 21 are each amended to read as follows:

             (1) A county legislative authority may prohibit ((methadone)) opiate substitution treatment in that county. The department shall not certify ((a methadone)) an opiate substitution treatment program in a county where the county legislative authority has prohibited ((methadone)) opiate substitution treatment. If a county legislative authority authorizes ((methadone)) opiate substitution treatment programs, it shall limit by ordinance the number of ((methadone)) opiate substitution treatment programs operating in that county by limiting the number of licenses granted in that county. If a county has authorized ((methadone)) opiate substitution treatment programs in that county, it shall only license ((methadone)) opiate substitution treatment programs that comply with the department's operating and treatment standards under this section and RCW 70.96A.420. A county that authorizes ((methadone)) opiate substitution treatment may operate the programs directly or through a local health department or health district or it may authorize certified ((methadone)) opiate substitution treatment programs that the county licenses to provide the services within the county. Counties shall monitor ((methadone)) opiate substitution treatment programs for compliance with the department's operating and treatment regulations under this section and RCW 70.96A.420.

             (2) A county that authorizes ((methadone)) opiate substitution treatment programs shall develop and enact by ordinance licensing standards, consistent with this chapter and the operating and treatment standards adopted under this chapter, that govern the application for, issuance of, renewal of, and revocation of the licenses. Certified programs existing before May 18, 1987, applying for renewal of licensure in subsequent years, that maintain certification and meet all other requirements for licensure, shall be given preference.

             (3) In certifying programs, the department shall not discriminate against ((a methadone)) an opiate substitution treatment program on the basis of its corporate structure. In licensing programs, the county shall not discriminate against ((a methadone)) an opiate substitution treatment program on the basis of its corporate structure.

             (4) A program applying for certification from the department and a program applying for a contract from a state agency that has been denied the certification or contract shall be provided with a written notice specifying the rationale and reasons for the denial. A program applying for a license or a contract from a county that has been denied the license or contract shall be provided with a written notice specifying the rationale and reasons for the denial.

             (5) A license is effective for one calendar year from the date of issuance. The license shall be renewed in accordance with the provisions of this section for initial approval ((and in accordance with)); the goals for treatment programs under RCW 70.96A.400; the standards set forth in RCW 70.96A.420; and the rules adopted by the secretary.

             (6) For the purpose of this chapter, opiate substitution treatment means dispensing an opiate substitution drug approved by the Federal Drug Administration for the treatment of opiate addiction and providing a comprehensive range of medical and rehabilitative services.


             Sec. 3. RCW 70.96A.420 and 1989 c 270 s 22 are each amended to read as follows:

             (1) The department, in consultation with ((methadone)) opiate substitution treatment service providers and counties authorizing ((methadone)) opiate substitution treatment programs, shall establish state-wide treatment standards for ((methadone)) opiate substitution treatment programs. The department and counties that authorize ((methadone)) opiate substitution treatment programs shall enforce these treatment standards. The treatment standards shall include, but not be limited to, reasonable provisions for all appropriate and necessary medical procedures, counseling requirements, urinalysis, and other suitable tests as needed to ensure compliance with this chapter ((and the treatment standard authorized by this chapter)). A ((methadone)) opiate substitution treatment program shall not have a caseload in excess of three hundred fifty persons.

             (2) The department, in consultation with ((methadone)) opiate substitution treatment programs and counties authorizing ((methadone)) opiate substitution treatment programs, shall establish state-wide operating standards for ((methadone)) opiate substitution treatment programs. The department and counties that authorize ((methadone)) opiate substitution treatment programs shall enforce these operating standards. The operating standards shall include, but not be limited to, reasonable provisions necessary to enable the department and authorizing counties to monitor certified and licensed ((methadone)) opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized by this chapter and to minimize the impact of the ((methadone)) opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.

             (3) The department shall establish criteria for evaluating the compliance of opiate substitute treatment programs with the goals and standards established under this chapter. As a condition of certification, opiate substitution programs shall submit an annual report to the department and county legislative authority, including data as specified by the department necessary for outcome analysis. The department shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to ensure compliance with the goals and standards enumerated under this chapter. Before January 1 of each year, the department shall submit an annual report to the legislature, including the outcome analysis of each treatment program."


             On page 1, line 1 of the title, after "treatment;" strike the remainder of the title and insert "and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Cooke moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1298 and pass the bill as amended by the Senate.


             Representatives Cooke and Thibaudeau spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1298 as amended by the Senate.


             Representative Cooke spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1298 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Jacobsen, Johnson, Kessler, Koster, Kremen, Lisk, Mason, Mastin, McMorris, Mielke, Morris, Mulliken, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 87.

             Voting nay: Representatives Beeksma, Dellwo, Goldsmith, Hargrove, Hymes, Lambert, McMahan, Mitchell, Pennington and Sherstad - 10.

             Excused: Representative Benton - 1.


             Engrossed Substitute House Bill No. 1298, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 11, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1336 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:

             The legislature finds that some college students who have recently graduated from high school must immediately enroll in one or more precollege classes before they can proceed successfully through college. The legislature also finds that these students should have received basic skills in English, reading, spelling, grammar, and mathematics before graduating from high school. It is the intent of the legislature that colleges and universities provide information to school districts about recent graduates who enroll in precollege classes. It is also the intent of the legislature to encourage institutions of higher education and the common schools to work together to solve problems of common concern.


             NEW SECTION. Sec. 2. By June 30, 1996, in consultation with the commission on student learning, the superintendent of public instruction, the state board of education, faculty, teachers from institutions of higher education and high schools, and others as appropriate, the higher education coordinating board shall adopt common definitions of remedial and precollege material and course work. The definitions adopted by the board shall be rigorous, challenging students to come to college well prepared to engage in college and university work, and shall be adopted by each institution of higher education as defined in RCW 28B.10.016.


             NEW SECTION. Sec. 3. A new section is added to chapter 28B.10 RCW to read as follows:

             Beginning in 1997, by September 30th of each year, each state university, regional university, state college, and, for community colleges and technical colleges, the state board for community and technical colleges shall provide a report to the office of the superintendent of public instruction, the state board of education, and the commission on student learning under RCW 28A.630.885. The report shall contain the following information on students who, within three years of graduating from a Washington high school, enrolled the prior year in a state-supported precollege level class at the institution: (1) The number of such students enrolled in a precollege level class in mathematics, reading, grammar, spelling, writing, or English; (2) the types of precollege classes in which each student was enrolled; and (3) the name of the Washington high school from which each student graduated.

             For students who enrolled in a precollege class within three years of graduating from a Washington high school, each institution of higher education shall also report to the Washington high school from which the student graduated. The annual report shall include information on the number of students from that high school enrolled in precollege classes, and the types of classes taken by the students."


             On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28B.10 RCW; and creating a new section."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Carlson moved that the House concur in the Senate amendments to Substitute House Bill No. 1336 and pass the bill as amended by the Senate.


             Representatives Jacobsen and Carlson spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1336 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1336 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1336, as amended by the Senate, having received the constitutional majority, was declared passed.


             There being no objection, the House considered the following bills in the following order: House Bill No. 1296, Engrossed Substitute House Bill No. 1107 and House Bill No. 1425 and continue down the calendar.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1296 with the following amendments:


             Strike everything after the enacting clause and insert the following:


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

             (1) Since enactment of chapter 227, Laws of 1984 most employers that participate in state retirement systems have been responsible for ensuring that member retirement contributions are transferred to the retirement trust funds, even in situations where service credit is being established on a retroactive basis for a member who is no longer employed by the employer.

             (2) It is the responsibility of employers to accurately report their employees' compensation and service, and to ensure that all required member and employer contributions are transferred to the department of retirement systems. However, in situations where an employer determines that a former employee should have had contributions transferred, it is more reasonable and efficient to bill the employee for the past due member contributions than to make the employer responsible for them.


             NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:

             (1) If an employer, pursuant to RCW 41.50.140(2), does not transfer member contributions for a former employee's prior period of service, the member shall not receive service credit for the period of service unless the member pays the required member contributions as provided in this section. In such cases the member shall have the option, but shall not be obligated, to pay the member contributions necessary to receive credit for the period of service. As provided by RCW 41.50.140(1), the department shall collect from the employer all employer contributions due for periods of service, regardless of whether the member elects to pay the member contributions necessary to receive credit for the period of service.

             (2) The department shall adopt, by rule, a process by which separated and active members may pay member contributions needed to establish service credit for prior periods of service for which their employers did not transmit member contributions.


             Sec. 3. RCW 41.50.140 and 1982 1st ex.s. c 52 s 33 are each amended to read as follows:

             (1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out all other duties as required by law, regulation, or administrative instruction. Every employer shall transmit to the department all member and employer contributions due for periods of service rendered in the retirement systems, except as provided in subsection (2) of this section.

             (2) When the department bills an employer for member and employer contributions owed for a prior period of service, the employer shall transmit the required contributions if the member is still an employee of the employer at the time of the billing. The employer shall have no duty to transfer member contributions for persons who are not employees on the date the department bills the employer but shall transfer the required employer contributions for the prior service.

             (3) Members for whom member contributions for a prior period of service are not transferred by the employer pursuant to subsection (2) of this section shall have the option of paying the required member contributions pursuant to section 2 of this act.

             (((2) If an employee is entitled to retroactive service credit which was not previously established through no fault of the employee, or through an employer error which has caused a member's compensation or contributions to be understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss, to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the interest was part of the normal employer contribution and no distribution of interest received shall be required.

             (3) Employer-paid employee contributions will not be credited to a member's account until the employer notifies the director in writing that the employer has been reimbursed by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the amount of the employee's obligation. Failure on the part of the employer to collect all or any part of the sums which may be due from the employee or beneficiary shall in no way cause the employer obligation for the total liability to be lessened.))

             (4) If an employer transfers member contributions which were not paid by the member, the employer shall have the right to collect the amount of the employee's obligation from the employee.


             Sec. 4. RCW 41.54.020 and 1994 c 197 s 32 are each amended to read as follows:

             (1) Those persons who are dual members on or after July 1, 1988, shall not receive a retirement benefit from any prior system while dual members without the loss of all benefits under this chapter. Retroactive retirement in any prior system will cancel membership in any subsequent systems except as allowed under RCW 41.04.270 and will result in the refund of all employee and employer contributions made to such systems.

             (2) If a member has withdrawn contributions from a prior system, the member may restore the contributions, together with interest since the date of withdrawal as determined by the system, and recover the service represented by the contributions. Such restoration must be completed within two years of establishing dual membership or prior to retirement, whichever occurs first.

             (3) If a member does not meet the time limitation under subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2). However, if a member failed to meet the applicable statutory deadline and filed a petition with the director of the department of retirement systems prior to January 1, 1995, requesting an extension of the applicable period; and if the director's findings in denying the petition affirmatively show that the failure was due to the fact that the department's customary bulletins and other notifications that were furnished to the member's employer for distribution were not furnished to the member by the employer, and that the member did not otherwise receive notice through other channels of communication and was not at fault, the member may elect to restore the required contributions and interest and regain service credit under subsection (2) of this section under the same terms and conditions and without further liability as if the election had been made on a timely basis. The election must be made not later than July 1, 1995, or prior to retirement, whichever comes first. The department shall provide written notice and an application directly to the affected members, and any further assistance as may be necessary to implement this section.

             (4) Any service accrued in one system by the member shall not accrue in any other system.


             NEW SECTION. Sec. 5. If specific funding for the purposes of sections 1 through 4 of this act, referencing sections 1 through 4 of this act by bill and section number, is not provided by June 30, 1995, in the omnibus appropriations act, sections 1 through 4 of this act shall be null and void.


             NEW SECTION. Sec. 6. This act shall take effect July 1, 1996."


             On page 1, line 2 of the title, after "contributions;" strike the remainder of the title and insert "amending RCW 41.50.140 and 41.54.020; adding a new section to chapter 41.50 RCW; creating new sections; and providing an effective date."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Carlson moved that the House insists on its position regarding the Senate amendments to House Bill No. 1296 and ask the Senate to recede therefrom.


             Representatives Carlson and Sommers spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107 with the following amendments:


             Strike everything after the enacting clause and insert the following:


"PART 1

LAW REVISION COMMISSION


             NEW SECTION. Sec. 101. The following acts or parts of acts are each repealed:

             (1) RCW 1.30.010 and 1982 c 183 s 1;

             (2) RCW 1.30.020 and 1982 c 183 s 2;

             (3) RCW 1.30.030 and 1982 c 183 s 3;

             (4) RCW 1.30.040 and 1987 c 505 s 2 & 1982 c 183 s 4;

             (5) RCW 1.30.050 and 1982 c 183 s 5; and

             (6) RCW 1.30.060 and 1982 c 183 s 9.


PART 2

JUDICIAL COUNCIL


             NEW SECTION. Sec. 201. The following acts or parts of acts are each repealed:

             (1) RCW 2.52.010 and 1994 c 32 s 1, 1987 c 322 s 1, 1977 ex.s. c 112 s 1, 1973 c 18 s 1, 1971 c 40 s 1, 1967 c 124 s 1, 1961 c 271 s 1, 1955 c 40 s 1, & 1925 ex.s. c 45 s 1;

             (2) RCW 2.52.020 and 1925 ex.s. c 45 s 2;

             (3) RCW 2.52.030 and 1987 c 322 s 2 & 1925 ex.s. c 45 s 3;

             (4) RCW 2.52.035 and 1987 c 322 s 4;

             (5) RCW 2.52.040 and 1977 ex.s. c 112 s 2 & 1925 ex.s. c 45 s 4; and

             (6) RCW 2.52.050 and 1987 c 322 s 3 & 1981 c 260 s 1.


PART 3

JUVENILE DISPOSITION STANDARDS COMMISSION


             NEW SECTION. Sec. 301. A new section is added to chapter 9.94A RCW to read as follows:

             (1) The juvenile disposition standards commission is hereby abolished and its powers, duties, and functions are hereby transferred to the sentencing guidelines commission. All references to the director or the juvenile disposition standards commission in the Revised Code of Washington shall be construed to mean the director or the sentencing guidelines commission.

             (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the juvenile disposition standards commission shall be delivered to the custody of the sentencing guidelines commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the juvenile disposition standards commission shall be made available to the sentencing guidelines commission. All funds, credits, or other assets held by the juvenile disposition standards commission shall be assigned to the sentencing guidelines commission.

             (b) Any appropriations made to the juvenile disposition standards commission shall, on the effective date of this section, be transferred and credited to the sentencing guidelines commission.

             (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

             (3) All employees of the juvenile disposition standards commission are transferred to the jurisdiction of the sentencing guidelines commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the sentencing guidelines commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

             (4) All rules and all pending business before the juvenile disposition standards commission shall be continued and acted upon by the sentencing guidelines commission. All existing contracts and obligations shall remain in full force and shall be performed by the sentencing guidelines commission.

             (5) The transfer of the powers, duties, functions, and personnel of the juvenile disposition standards commission shall not affect the validity of any act performed before the effective date of this section.

             (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

             (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.


             Sec. 302. RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:

             (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

             (2) The commission shall be composed of the secretary or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

             (3) The secretary or the secretary's designee shall serve as chairman of the commission.

             (4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

             (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

             (6) The commission shall ((meet at least once every three months)) cease to exist on June 30, 1997, and its powers and duties shall be transferred to the sentencing guidelines commission established under RCW 9.94A.040.


             Sec. 303. RCW 9.94A.040 and 1994 c 87 s 1 are each amended to read as follows:

             (1) A sentencing guidelines commission is established as an agency of state government.

             (2) The commission shall, following a public hearing or hearings:

             (a) Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

             (b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

             (c) Devise recommended standards to govern whether sentences are to be served consecutively or concurrently.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

             (4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

             (5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

             (6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

             (7) The commission may recommend to the legislature revisions or modifications to the standard sentence ranges and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity.

             (8) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.

             (9) The commission may (a) serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices; (b) develop and maintain a computerized sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (c) conduct ongoing research regarding sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the criminal justice system.

             (10) The staff and executive officer of the commission may provide staffing and services to the juvenile disposition standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.

             (11) The commission shall assume the powers and duties of the juvenile disposition standards commission after June 30, 1997.

             (12) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.


PART 4

COSMETOLOGY, BARBERING, ESTHETICS, AND MANICURING ADVISORY BOARD


             NEW SECTION. Sec. 401. The legislature finds that the economic opportunities for cosmetologists, barbers, estheticians, and manicurists have deteriorated in this state as a result of the lack of skilled practitioners, inadequate licensing controls, and inadequate enforcement of health standards. To increase the opportunities for individuals to earn viable incomes in these professions and to protect the general health of the public, the state cosmetology, barbering, esthetics, and manicuring advisory board should be reconstituted and given a new charge to develop appropriate responses to this situation, including legislative proposals.


             Sec. 402. RCW 18.16.050 and 1991 c 324 s 3 are each amended to read as follows:

             (1) There is created a state cosmetology, barbering, esthetics, and manicuring advisory board consisting of ((five)) seven members appointed by the ((governor who shall advise the director concerning the administration of this chapter)) director. ((Four)) These seven members of the board shall include ((a minimum of two instructors)) a representative of a private cosmetology school and a representative of a public vocational technical school involved in cosmetology training, with the balance made up of currently practicing licensees who have been engaged in the practice of manicuring, esthetics, barbering, or cosmetology for at least three years. One member of the board shall be a consumer who is unaffiliated with the cosmetology, barbering, esthetics, or manicuring industry. The term of office for all board members ((is three years)) serving as of the effective date of this section expires June 30, 1995. On June 30, 1995, the director shall appoint seven new members to the board. These new members shall serve a term of two years, at the conclusion of which the board shall cease to exist. Any members serving on the advisory board as of the effective date of this section are eligible to be reappointed. Any board member may be removed for just cause. The director may appoint a new member to fill any vacancy on the ((committee)) board for the remainder of the unexpired term. ((No board member may serve more than two consecutive terms, whether full or partial.))

             (2) The board appointed on June 30, 1995, together with the director or the director's designee, shall conduct a thorough review of educational requirements, licensing requirements, and enforcement and health standards for persons engaged in cosmetology, barbering, esthetics, or manicuring and shall prepare a report to be delivered to the governor, the director, and the chairpersons of the governmental operations committees of the house of representatives and the senate. The report must summarize their findings and make recommendations, including, if appropriate, recommendations for legislation reforming and restructuring the regulation of cosmetology, barbering, esthetics, and manicuring.

             (3) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.


PART 5

SHORTHAND REPORTERS ADVISORY BOARD


             Sec. 501. RCW 18.145.030 and 1989 c 382 s 4 are each amended to read as follows:

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

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

             (2) "Director" means the director of licensing.

             (3) "Shorthand reporter" and "court reporter" mean an individual certified under this chapter.

             (((4) "Board" means the Washington state shorthand reporter advisory board.))


             Sec. 502. RCW 18.145.050 and 1989 c 382 s 6 are each amended to read as follows:

             In addition to any other authority provided by law, the director may:

             (1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter;

             (2) Set all certification examination, renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;

             (3) Establish the forms and procedures necessary to administer this chapter;

             (4) Issue a certificate to any applicant who has met the requirements for certification;

             (5) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

             (6) Investigate complaints or reports of unprofessional conduct as defined in this chapter and hold hearings pursuant to chapter 34.05 RCW;

             (7) Issue subpoenas for records and attendance of witnesses, statements of charges, statements of intent to deny certificates, and orders; administer oaths; take or cause depositions to be taken; and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

             (8) Maintain the official departmental record of all applicants and certificate holders;

             (9) Delegate, in writing to a designee, the authority to issue subpoenas, statements of charges, and statements of intent to deny certification;

             (10) Prepare and administer or approve the preparation and administration of examinations for certification;

             (11) Establish by rule the procedures for an appeal of a failure of an examination;

             (12) Conduct a hearing under chapter 34.05 RCW on an appeal of a denial of a certificate based on the applicant's failure to meet minimum qualifications for certification;

             (13) Establish ad hoc advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, disciplinary activities, or any other matters deemed necessary.


             Sec. 503. RCW 18.145.070 and 1989 c 382 s 8 are each amended to read as follows:

             The director((, members of the board,)) and individuals acting on ((their)) the director's behalf shall not be civilly liable for any act performed in good faith in the course of their duties.


             Sec. 504. RCW 18.145.080 and 1989 c 382 s 9 are each amended to read as follows:

             (1) The department shall issue a certificate to any applicant who, as determined by the director ((upon advice of the board)), has:

             (a) Successfully completed an examination approved by the director;

             (b) Good moral character;

             (c) Not engaged in unprofessional conduct; and

             (d) Not been determined to be unable to practice with reasonable skill and safety as a result of a physical or mental impairment.

             (2) A one-year temporary certificate may be issued, at the discretion of the director, to a person holding one of the following: National shorthand reporters association certificate of proficiency, registered professional reporter certificate, or certificate of merit; a current court or shorthand reporter certification, registration, or license of another state; or a certificate of graduation of a court reporting school. To continue to be certified under this chapter, a person receiving a temporary certificate shall successfully complete the examination under subsection (1)(a) of this section within one year of receiving the temporary certificate, except that the director may renew the temporary certificate if extraordinary circumstances are shown.

             (3) The examination required by subsection (1)(a) of this section shall be no more difficult than the examination provided by the court reporter examining committee as authorized by RCW 2.32.180.


             NEW SECTION. Sec. 505. RCW 18.145.060 and 1989 c 382 s 7 are each repealed.


PART 6

MARITIME BICENTENNIAL ADVISORY COMMITTEE


             NEW SECTION. Sec. 601. RCW 27.34.300 and 1989 c 82 s 2 are each repealed.


PART 7

CENTENNIAL COMMISSION


             NEW SECTION. Sec. 701. The following acts or parts of acts are each repealed:

             (1) RCW 27.60.010 and 1982 c 90 s 1;

             (2) RCW 27.60.020 and 1985 c 291 s 1, 1984 c 120 s 1, & 1982 c 90 s 2;

             (3) RCW 27.60.030 and 1982 c 90 s 3;

             (4) RCW 27.60.040 and 1987 c 195 s 1, 1985 c 291 s 2, & 1982 c 90 s 4;

             (5) RCW 27.60.050 and 1982 c 90 s 5;

             (6) RCW 27.60.070 and 1985 c 291 s 4;

             (7) RCW 27.60.090 and 1986 c 157 s 2; and

             (8) RCW 27.60.900 and 1989 c 82 s 3, 1985 c 268 s 3, & 1982 c 90 s 6.


PART 8

STUDENT FINANCIAL AID POLICY STUDY ADVISORY COMMITTEE


             Sec. 801. RCW 28B.10.804 and 1969 ex.s. c 222 s 10 are each amended to read as follows:

             The commission shall be cognizant of the following guidelines in the performance of its duties:

             (1) The commission shall be research oriented, not only at its inception but continually through its existence.

             (2) The commission shall coordinate all existing programs of financial aid except those specifically dedicated to a particular institution by the donor.

             (3) The commission shall take the initiative and responsibility for coordinating all federal student financial aid programs to insure that the state recognizes the maximum potential effect of these programs, and shall design the state program which complements existing federal, state and institutional programs.

             (4) Counseling is a paramount function of student financial aid, and in most cases could only be properly implemented at the institutional levels; therefore, state student financial aid programs shall be concerned with the attainment of those goals which, in the judgment of the commission, are the reasons for the existence of a student financial aid program, and not solely with administration of the program on an individual basis.

             (5) ((In the development of any new program, the commission shall seek advice from and consultation with the institutions of higher learning, state agencies, industry, labor, and such other interested groups as may be able to contribute to the effectiveness of program development and implementation.

             (6))) The "package" approach of combining loans, grants and employment for student financial aid shall be the conceptional element of the state's involvement.


PART 9

ADVISORY COMMITTEE ON ACCESS TO EDUCATION

FOR STUDENTS WITH DISABILITIES


             NEW SECTION. Sec. 901. The following acts or parts of acts are each repealed:

             (1) RCW 28B.80.550 and 1991 c 228 s 7; and

             (2) RCW 28B.80.555 and 1991 c 228 s 8.


PART 10

ADVISORY COMMITTEE FOR PROGRAM FOR

DISLOCATED FOREST PRODUCTS WORKERS


             Sec. 1001. RCW 28B.80.575 and 1991 c 315 s 19 are each amended to read as follows:

             The board shall administer a program designed to provide upper division higher education opportunities to dislocated forest products workers, their spouses, and others in timber impact areas. In administering the program, the board shall have the following powers and duties:

             (1) Distribute funding for institutions of higher education to service placebound students in the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average; and

             (2) ((Appoint an advisory committee to assist the board in program design and future project selection;

             (3))) Monitor the program and report on student progress and outcome((; and

             (4) Report to the legislature by December 1, 1993, on the status of the program)).


PART 11

STATE FIRE DEFENSE BOARD AND

FIRE PROTECTION POLICY BOARD


             Sec. 1101. RCW 38.54.030 and 1992 c 117 s 11 are each amended to read as follows:

             ((There is created the state fire defense board consisting of the state fire marshal, a representative from the department of natural resources appointed by the commissioner of public lands, the assistant director of the emergency management division of the department of community development, and one representative selected by each regional fire defense board in the state. Members of the state fire defense board shall select from among themselves a chairperson. Members serving on the board do so in a voluntary capacity and are not eligible for reimbursement for meeting-related expenses from the state.))

             The state fire ((defense board shall develop and maintain)) protection policy board shall review and make recommendations to the director on the refinement and maintenance of the Washington state fire services mobilization plan, which shall include the procedures to be used during fire and other emergencies for coordinating local, regional, and state fire jurisdiction resources. In carrying out this duty, the fire protection policy board shall consult with and solicit recommendations from representatives of state and local fire and emergency management organizations, regional fire defense boards, and the department of natural resources. The Washington state fire services mobilization plan shall be consistent with, and made part of, the Washington state comprehensive emergency management plan. The director shall review the fire services mobilization plan as submitted by the state fire defense board and after consultation with the fire protection policy board, recommend changes that may be necessary, and approve the fire services mobilization plan for inclusion within the state comprehensive emergency management plan.

             It is the responsibility of the director to mobilize jurisdictions under the Washington state fire services mobilization plan. The state fire marshal shall serve as the state fire resources coordinator when the Washington state fire services mobilization plan is mobilized.


PART 12

EMERGENCY MANAGEMENT COUNCIL AND RELATED BOARDS


             Sec. 1201. RCW 38.52.030 and 1991 c 322 s 20 and 1991 c 54 s 2 are each reenacted and amended to read as follows:

             (1) The director may employ such personnel and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

             (2) The director, subject to the direction and control of the governor, shall be responsible to the governor for carrying out the program for emergency management of this state. The director shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this chapter, as may be prescribed by the governor.

             (3) The director shall develop and maintain a comprehensive, all-hazard emergency plan for the state which shall include an analysis of the natural and man-caused hazards which could affect the state of Washington, and shall include the procedures to be used during emergencies for coordinating local resources, as necessary, and the resources of all state agencies, departments, commissions, and boards. The comprehensive emergency management plan shall direct the department in times of state emergency to administer and manage the state's emergency operations center. This will include representation from all appropriate state agencies and be available as a single point of contact for the authorizing of state resources or actions, including emergency permits. The comprehensive, all-hazard emergency plan authorized under this subsection may not include preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. This plan shall be known as the comprehensive emergency management plan.

             (4) In accordance with the comprehensive emergency management plans and the programs for the emergency management of this state, the director shall procure supplies and equipment, institute training programs and public information programs, and shall take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.

             (5) The director shall make such studies and surveys of the industries, resources, and facilities in this state as may be necessary to ascertain the capabilities of the state for emergency management, and shall plan for the most efficient emergency use thereof.

             (6) ((The director may appoint a communications coordinating committee consisting of six to eight persons with the director, or his or her designee, as chairman thereof. Three of the members shall be appointed from qualified, trained and experienced telephone communications administrators or engineers actively engaged in such work within the state of Washington at the time of appointment, and three of the members shall be appointed from qualified, trained and experienced radio communication administrators or engineers actively engaged in such work within the state of Washington at the time of appointment. This committee)) The emergency management council shall advise the director on all aspects of the communications and warning systems and facilities operated or controlled under the provisions of this chapter.

             (7) The director, through the state enhanced 911 coordinator, shall coordinate and facilitate implementation and operation of a state-wide enhanced 911 emergency communications network.

             (8) The director shall appoint a state coordinator of search and rescue operations to coordinate those state resources, services and facilities (other than those for which the state director of aeronautics is directly responsible) requested by political subdivisions in support of search and rescue operations, and on request to maintain liaison with and coordinate the resources, services, and facilities of political subdivisions when more than one political subdivision is engaged in joint search and rescue operations.

             (9) The director, subject to the direction and control of the governor, shall prepare and administer a state program for emergency assistance to individuals within the state who are victims of a natural or man-made disaster, as defined by RCW 38.52.010(6). Such program may be integrated into and coordinated with disaster assistance plans and programs of the federal government which provide to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of assistance to individuals affected by a disaster. Further, such program may include, but shall not be limited to, grants, loans, or gifts of services, equipment, supplies, materials, or funds of the state, or any political subdivision thereof, to individuals who, as a result of a disaster, are in need of assistance and who meet standards of eligibility for disaster assistance established by the department of social and health services: PROVIDED, HOWEVER, That nothing herein shall be construed in any manner inconsistent with the provisions of Article VIII, section 5 or section 7 of the Washington state Constitution.

             (10) The director shall appoint a state coordinator for radioactive and hazardous waste emergency response programs. The coordinator shall consult with the state radiation control officer in matters relating to radioactive materials. The duties of the state coordinator for radioactive and hazardous waste emergency response programs shall include:

             (a) Assessing the current needs and capabilities of state and local radioactive and hazardous waste emergency response teams on an ongoing basis;

             (b) Coordinating training programs for state and local officials for the purpose of updating skills relating to emergency response;

             (c) Utilizing appropriate training programs such as those offered by the federal emergency management agency, the department of transportation and the environmental protection agency; and

             (d) Undertaking other duties in this area that are deemed appropriate by the director.


             Sec. 1202. RCW 38.52.040 and 1988 c 81 s 18 are each amended to read as follows:

             (1) There is hereby created the emergency management council (hereinafter called the council), to consist of not ((less than seven nor)) more than seventeen members who shall be appointed by the governor. ((The council shall advise the governor and the director on all matters pertaining to emergency management and shall advise the chief of the Washington state patrol on safety in the transportation of hazardous materials described in RCW 46.48.170.)) The membership of the council shall include, but not be limited to, representatives of city and county governments, sheriffs and police chiefs, the Washington state patrol, the military department, the department of ecology, state and local fire chiefs, seismic safety experts, state and local emergency management directors, search and rescue volunteers, medical professions who have expertise in emergency medical care, building officials, and private industry((, and local fire chiefs)). The representatives of private industry shall include persons knowledgeable in ((the handling and transportation of hazardous materials)) emergency and hazardous materials management. The council members shall elect a chairman from within the council membership. The members of the council shall serve without compensation, but may be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

             (2) The emergency management council shall advise the governor and the director on all matters pertaining to state and local emergency management. The council may appoint such ad hoc committees, subcommittees, and working groups as are required to develop specific recommendations for the improvement of emergency management practices, standards, policies, or procedures. The council shall ensure that the governor receives an annual assessment of state-wide emergency preparedness including, but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards, and coordination of hazardous materials planning and response activities. The council or a subcommittee thereof shall periodically convene in special session and serve during those sessions as the state emergency response commission required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response commission, the council shall confine its deliberations to those items specified in federal statutes and state administrative rules governing the coordination of hazardous materials policy. The council shall review administrative rules governing state and local emergency management practices and recommend necessary revisions to the director.


             NEW SECTION. Sec. 1203. By July 1, 1995, the director of community, trade, and economic development shall terminate the state emergency response commission, the disaster assistance council, the hazardous materials advisory committee, the hazardous materials transportation act grant review committee, the flood damage reduction committee, and the hazard mitigation grant review committee. The director shall ensure that the responsibilities of these committees are carried out by the emergency management council or subcommittees thereof.


PART 13

OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

ADVISORY COMMITTEE


             NEW SECTION. Sec. 1301. RCW 39.19.040 and 1985 c 466 s 45 & 1983 c 120 s 4 are each repealed.


             NEW SECTION. Sec. 1302. A new section is added to chapter 39.19 RCW to read as follows:

             The director may establish ad hoc advisory committees, as necessary, to assist in the development of policies to carry out the purposes of this chapter.


PART 14

SUPPLY MANAGEMENT ADVISORY BOARD


             Sec. 1401. RCW 43.19.190 and 1994 c 138 s 1 are each amended to read as follows:

             The director of general administration, through the state purchasing and material control director, shall:

             (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;

             (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by the legislature: PROVIDED, That any agency may purchase material, supplies, services, and equipment for which the agency has notified the purchasing and material control director that it is more cost-effective for the agency to make the purchase directly from the vendor: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations: PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under RCW 43.19.1935: PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029;

             (3) ((Provide the required staff assistance for the state supply management advisory board through the division of purchasing;

             (4))) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies((: PROVIDED, That)). Acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, or from policies established by the director ((after consultation with the state supply management advisory board: PROVIDED FURTHER, That)). Also, delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein;

             (((5))) (4) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;

             (((6))) (5) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;

             (((7))) (6) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;

             (((8))) (7) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;

             (((9))) (8) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications ((after receiving the recommendation of the supply management advisory board));

             (((10))) (9) Provide for the maintenance of inventory records of supplies, materials, and other property;

             (((11))) (10) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;

             (((12))) (11) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;

             (((13))) (12) Advise state agencies, including educational institutions, regarding compliance with established purchasing and material control policies under existing statutes.


             Sec. 1402. RCW 43.19.1905 and 1993 sp.s. c 10 s 3 are each amended to read as follows:

             The director of general administration((, after consultation with the supply management advisory board)) shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions:

             (1) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue;

             (2) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated;

             (3) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked;

             (4) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock;

             (5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support;

             (6) Determination of what function data processing equipment, including remote terminals, shall perform in state-wide purchasing and material control for improvement of service and promotion of economy;

             (7) Standardization of records and forms used state-wide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions ((under the provisions of RCW 43.19.510)), including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency's director or the director's designee;

             (8) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus;

             (9) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations;

             (10) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase;

             (11) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources;

             (12) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility;

             (13) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings;

             (14) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control;

             (15) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW;

             (16) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state;

             (17) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and implementation of improved purchasing and material control procedures;

             (18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services;

             (19) Resolution of all other purchasing and material matters ((referred to him by a member of the advisory board)) which require the establishment of overall state-wide policy for effective and economical supply management;

             (20) Development of guidelines and criteria for the purchase of vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002).


             Sec. 1403. RCW 43.19.19052 and 1986 c 158 s 9 are each amended to read as follows:

             Initial policy determinations for the functions described in RCW 43.19.1905 shall be developed and published within the 1975-77 biennium by the director((, after consultation with the supply management advisory board)) for guidance and compliance by all state agencies, including educational institutions, involved in purchasing and material control. Modifications to these initial supply management policies established during the 1975-77 biennium shall be instituted by the director((, after consultation with the advisory board,)) in future biennia as required to maintain an efficient and up-to-date state supply management system. The director shall transmit to the governor and the legislature in June 1976 and June 1977 a progress report which indicates the degree of accomplishment of each of these assigned duties, and which summarizes specific achievements obtained in increased effectiveness and dollar savings or cost avoidance within the overall state purchasing and material control system. The second progress report in June 1977 shall include a comprehensive supply management plan which includes the recommended organization of a state-wide purchasing and material control system and development of an orderly schedule for implementing such recommendation. In the interim between these annual progress reports, the director shall furnish periodic reports to the office of financial management for review of progress being accomplished in achieving increased efficiencies and dollar savings or cost avoidance.

             It is the intention of the legislature that measurable improvements in the effectiveness and economy of supply management in state government shall be achieved during the 1975-77 biennium, and each biennium thereafter. All agencies, departments, offices, divisions, boards, and commissions and educational, correctional, and other types of institutions are required to cooperate with and support the development and implementation of improved efficiency and economy in purchasing and material control. To effectuate this legislative intention, the director, ((in consultation with the supply management advisory board, and)) through the state purchasing and material control director, shall have the authority to direct and require the submittal of data from all state organizations concerning purchasing and material control matters.


             Sec. 1404. RCW 43.19.1906 and 1994 c 300 s 1 are each amended to read as follows:

             Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:

             (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;

             (2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars ((with the approval of at least ten of the members of the state supply management advisory board)), if warranted by increases in purchasing costs due to inflationary trends;

             (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;

             (4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;

             (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;

             (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;

             (7) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to thirty-five thousand dollars shall be documented for audit purposes; and

             (8) Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.


             Sec. 1405. RCW 43.19.1937 and 1975-'76 2nd ex.s. c 21 s 13 are each amended to read as follows:

             No ((member of the state supply management advisory board or)) state employee whose duties performed for the state include:

             (1) Advising on or drawing specifications for supplies, equipment, commodities, or services;

             (2) Suggesting or determining vendors to be placed upon a bid list;

             (3) Drawing requisitions for supplies, equipment, commodities, or services;

             (4) Evaluating specifications or bids and suggesting or determining awards; or

             (5) Accepting the receipt of supplies, equipment, and commodities or approving the performance of services or contracts;

shall accept or receive, directly or indirectly, a personal financial benefit, or accept any gift, token, membership, or service, as a result of a purchase entered into by the state, from any person, firm, or corporation engaged in the sale, lease, or rental of property, material, supplies, equipment, commodities, or services to the state of Washington.

             Violation of this section shall be considered a malfeasance and may cause loss of position, and the violator shall be liable to the state upon his official bond for all damages sustained by the state. Contracts involved may be canceled at the option of the state. Penalties provided in this section are not exclusive, and shall not bar action under any other statute penalizing the same act or omission.


             Sec. 1406. RCW 43.19A.020 and 1991 c 297 s 3 are each amended to read as follows:

             (1) The director shall adopt standards specifying the minimum content of recycled materials in products or product categories. The standards shall:

             (a) Be consistent with the USEPA product standards, unless the director finds that a different standard would significantly increase recycled product availability or competition;

             (b) Consider the standards of other states, to encourage consistency of manufacturing standards;

             (c) Consider regional product manufacturing capability;

             (d) Address specific products or classes of products; and

             (e) Consider postconsumer waste content and the recyclability of the product.

             (2) The director shall consult with the ((supply management board and)) department of ecology prior to adopting the recycled content standards.

             (3) The director shall adopt recycled content standards for at least the following products by the dates indicated:

             (a) By July 1, 1992:

             (i) Paper and paper products;

             (ii) Organic recovered materials; and

             (iii) Latex paint products;

             (b) By July 1, 1993:

             (i) Products for lower value uses containing recycled plastics;

             (ii) Retread and remanufactured tires;

             (iii) Lubricating oils;

             (iv) Automotive batteries; and

             (v) Building insulation.

             (4) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.


             NEW SECTION. Sec. 1407. RCW 43.19.1904 and 1979 c 88 s 2, 1975-'76 2nd ex.s. c 21 s 4, 1967 ex.s. c 104 s 4, & 1965 c 8 s 43.19.1904 are each repealed.


PART 15

PRESCRIPTION DRUG PROGRAM ADVISORY COMMITTEE


             NEW SECTION. Sec. 1501. By July 1, 1995, the secretary of the department of social and health services shall abolish the prescription drug program advisory committee.


PART 16

TELECOMMUNICATIONS RELAY SERVICE PROGRAM

ADVISORY COMMITTEE


             NEW SECTION. Sec. 1601. RCW 43.20A.730 and 1992 c 144 s 4, 1990 c 89 s 4, & 1987 c 304 s 4 are each repealed.


PART 17

LABORATORY ACCREDITATION ADVISORY COMMITTEE


             NEW SECTION. Sec. 1701. By July 1, 1995, the director of the department of ecology shall abolish the laboratory accreditation advisory committee.


PART 18

METALS MINING ADVISORY GROUP


             NEW SECTION. Sec. 1801. 1994 c 232 s 27 (uncodified) is repealed.


PART 19

HYDRAULIC APPEALS BOARD


             Sec. 1901. RCW 43.21B.005 and 1990 c 65 s 1 are each amended to read as follows:

             There is created an environmental hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices appeals board created in RCW 76.09.210, and the shorelines hearings board created in RCW 90.58.170((, and the hydraulic appeals board created in RCW 75.20.130)). The chairman of the pollution control hearings board shall be the chief executive officer of the environmental hearings office. Membership, powers, functions, and duties of the pollution control hearings board, the forest practices appeals board, and the shorelines hearings board((, and the hydraulic appeals board)) shall be as provided by law.

             The chief executive officer of the environmental hearings office may appoint an administrative appeals judge who shall possess the powers and duties conferred by the administrative procedure act, chapter 34.05 RCW, in cases before the boards comprising the office. The administrative appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in the state of Washington. Additional administrative appeals judges may also be appointed by the chief executive officer on the same terms. Administrative appeals judges shall not be subject to chapter 41.06 RCW.

             The chief executive officer may appoint, discharge, and fix the compensation of such administrative or clerical staff as may be necessary.

             The chief executive officer may also contract for required services.


             Sec. 1902. RCW 75.20.103 and 1993 sp.s. c 2 s 32 are each amended to read as follows:

             In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

             Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

             An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

             The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. ((Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision.)) The burden shall be upon the department to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

             The department may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective ((unless appealed to the hydraulic appeals board)) within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

             A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. ((A decision by the department may be appealed to the hydraulic appeals board within thirty days of the notice of the decision.)) The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

             If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

             In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section.

             For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.


             Sec. 1903. RCW 75.20.160 and 1991 c 279 s 1 are each amended to read as follows:

             (1) In order to protect the property of marine waterfront shoreline owners it is necessary to facilitate issuance of hydraulic permits for bulkheads or rockwalls under certain conditions.

             (2) The department shall issue a hydraulic permit with or without conditions within forty-five days of receipt of a complete and accurate application which authorizes commencement of construction, replacement, or repair of a marine beach front protective bulkhead or rockwall for single-family type residences or property under the following conditions:

             (a) The waterward face of a new bulkhead or rockwall shall be located only as far waterward as is necessary to excavate for footings or place base rock for the structure and under no conditions shall be located more than six feet waterward of the ordinary high water line;

             (b) Any bulkhead or rockwall to replace or repair an existing bulkhead or rockwall shall be placed along the same alignment as the bulkhead or rockwall it is replacing; however, the replaced or repaired bulkhead or rockwall may be placed waterward of and directly abutting the existing structure only in cases where removal of the existing bulkhead or rockwall would result in environmental degradation or removal problems related to geological, engineering, or safety considerations;

             (c) Construction of a new bulkhead or rockwall, or replacement or repair of an existing bulkhead or rockwall waterward of the existing structure shall not result in the permanent loss of critical food fish or shellfish habitats; and

             (d) Timing constraints shall be applied on a case-by-case basis for the protection of critical habitats, including but not limited to migration corridors, rearing and feeding areas, and spawning habitats, for the proper protection of fish life.

             (3) Any bulkhead or rockwall construction, replacement, or repair not meeting the conditions in this section shall be processed under this chapter in the same manner as any other application.

             (4) ((Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic permit approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to this chapter.)) The director shall establish an advisory committee to develop new and review existing technical provisions for hydraulic project permit conditions that would commonly apply to bulkhead construction. The purpose of the advisory committee shall be to develop recommendations for legislative and rule changes that (a) protect against the loss of property of waterfront shoreline owners; (b) facilitate the timely issuance of hydraulic permits and the prompt completion of projects; (c) reduce subjective project approval decisions by the department; and (d) foster better working relationships between bulkhead contractors, landowners, and the department. These recommendations shall be based on scientific evidence that demonstrates the association of project activities with impacts on fish life. The advisory committee shall be comprised of technical experts in the field of bulkhead construction, civil engineering, hydrology, and fish biology. By January 1, 1996, the committee shall submit recommendations to the director and the natural resources committees of the house of representatives and senate. The advisory committee shall expire on December 31, 1996.


             NEW SECTION. Sec. 1904. The following acts or parts of acts are each repealed:

             (1) RCW 75.20.130 and 1993 sp.s. c 2 s 37, 1989 c 175 s 160, 1988 c 272 s 3, 1988 c 36 s 37, & 1986 c 173 s 4; and

             (2) RCW 75.20.140 and 1989 c 175 s 161 & 1986 c 173 s 5.


PART 20

ECONOMIC RECOVERY COORDINATION BOARD


             Sec. 2001. RCW 43.20A.750 and 1993 c 280 s 38 are each amended to read as follows:

             (1) The department of social and health services shall help families and workers in timber impact areas make the transition through economic difficulties and shall provide services to assist workers to gain marketable skills. The department, as a member of the agency timber task force ((and in consultation with the economic recovery coordination board,)) and, where appropriate, under an interagency agreement with the department of community, trade, and economic development, shall provide grants through the office of the secretary for services to the unemployed in timber impact areas, including providing direct or referral services, establishing and operating service delivery programs, and coordinating delivery programs and delivery of services. These grants may be awarded for family support centers, reemployment centers, or other local service agencies.

             (2) The services provided through the grants may include, but need not be limited to: Credit counseling; social services including marital counseling; psychotherapy or psychological counseling; mortgage foreclosures and utilities problems counseling; drug and alcohol abuse services; medical services; and residential heating and food acquisition.

             (3) Funding for these services shall be coordinated through the economic recovery coordination board which will establish a fund to provide child care assistance, mortgage assistance, and counseling which cannot be met through current programs. No funds shall be used for additional full-time equivalents for administering this section.

             (4)(a) Grants for family support centers are intended to provide support to families by responding to needs identified by the families and communities served by the centers. Services provided by family support centers may include parenting education, child development assessments, health and nutrition education, counseling, and information and referral services. Such services may be provided directly by the center or through referral to other agencies participating in the interagency team.

             (b) The department shall consult with the council on child abuse or neglect regarding grants for family support centers.

             (5) "Timber impact area" means:

             (((a))) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (((i))) (a) A lumber and wood products employment location quotient at or above the state average; (((ii))) (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (((iii))) (c) an annual unemployment rate twenty percent or more above the state average((; or

             (b) Additional communities as the economic recovery coordinating board, established in RCW 43.31.631, designates based on a finding by the board that each designated community is socially and economically integrated with areas that meet the definition of a timber impact area under (a) of this subsection)).


             NEW SECTION. Sec. 2002. RCW 43.31.631 and 1993 c 316 s 3 & 1991 c 314 s 6 are each repealed.


PART 21

JOINT OPERATING AGENCY EXECUTIVE COMMITTEE


             NEW SECTION. Sec. 2101. RCW 43.52.373 and 1982 1st ex.s. c 43 s 6 & 1965 c 8 s 43.52.373 are each repealed.


PART 22

OFFICE OF CRIME VICTIMS ADVOCACY ADVISORY COMMITTEE


             NEW SECTION. Sec. 2201. By July 1, 1995, the director of the department of community, trade, and economic development shall abolish the office of crime victims advocacy advisory committee.


             NEW SECTION. Sec. 2202. A new section is added to chapter 43.63A RCW to read as follows:

             The director of the department of community, trade, and economic development may establish ad hoc advisory committees, as necessary, to obtain advice and guidance regarding the office of crime victims advocacy program.


PART 23

HEALTH CARE ACCESS AND COST CONTROL COUNCIL


             Sec. 2301. RCW 43.70.010 and 1994 sp.s. c 7 s 206 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;

             (2) "Board" means the state board of health;

             (3) (("Council" means the health care access and cost control council;

             (4))) "Department" means the department of health;

             (((5))) (4) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and

             (((6))) (5) "Secretary" means the secretary of health.


             Sec. 2302. RCW 43.70.070 and 1989 1st ex.s. c 9 s 109 are each amended to read as follows:

             The department shall evaluate and analyze readily available data and information to determine the outcome and effectiveness of health services, utilization of services, and payment methods. This section should not be construed as allowing the department access to proprietary information.

             (1) The department shall make its evaluations available to the board ((and the council)) for use in preparation of the state health report required by RCW 43.20.050, and to consumers, purchasers, and providers of health care.

             (2) The department((, with advice from the council)) shall use the information to:

             (a) Develop guidelines which may be used by consumers, purchasers, and providers of health care to encourage necessary and cost-effective services; and

             (b) Make recommendations to the governor on how state government and private purchasers may be prudent purchasers of cost-effective, adequate health services.


             Sec. 2303. RCW 70.170.020 and 1989 1st ex.s. c 9 s 502 are each amended to read as follows:

             As used in this chapter:

             (1) (("Council" means the health care access and cost control council created by this chapter.

             (2))) "Department" means department of health.

             (((3))) (2) "Hospital" means any health care institution which is required to qualify for a license under RCW 70.41.020(2); or as a psychiatric hospital under chapter 71.12 RCW.

             (((4))) (3) "Secretary" means secretary of health.

             (((5))) (4) "Charity care" means necessary hospital health care rendered to indigent persons, to the extent that the persons are unable to pay for the care or to pay deductibles or co-insurance amounts required by a third-party payer, as determined by the department.

             (((6))) (5) "Sliding fee schedule" means a hospital-determined, publicly available schedule of discounts to charges for persons deemed eligible for charity care; such schedules shall be established after consideration of guidelines developed by the department.

             (((7))) (6) "Special studies" means studies which have not been funded through the department's biennial or other legislative appropriations.


             NEW SECTION. Sec. 2304. The following acts or parts of acts are each repealed:

             (1) RCW 70.170.030 and 1989 1st ex.s. c 9 s 503; and

             (2) RCW 70.170.040 and 1989 1st ex.s. c 9 s 504.



PART 24

COUNCIL ON VOLUNTEERISM AND CITIZEN SERVICE


             Sec. 2401. RCW 43.150.030 and 1992 c 66 s 3 are each amended to read as follows:

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

             (1) "Volunteer" means a person who is willing to work without expectation of salary or financial reward and who chooses where he or she provides services and the type of services he or she provides.

             (2) "Center" means the state center for volunteerism and citizen service.

             (((3) "Council" means the Washington state council on volunteerism and citizen service.))


             NEW SECTION. Sec. 2402. RCW 43.150.060 and 1992 c 66 s 6, 1987 c 505 s 39, 1985 c 110 s 1, & 1982 1st ex.s. c 11 s 6 are each repealed.


PART 25

COMMISSION ON EFFICIENCY AND ACCOUNTABILITY

IN GOVERNMENT


             NEW SECTION. Sec. 2501. The following acts or parts of acts are each repealed:

             (1) RCW 43.17.260 and 1987 c 480 s 1;

             (2) RCW 43.17.270 and 1987 c 480 s 2;

             (3) RCW 43.17.280 and 1987 c 480 s 3;

             (4) RCW 43.17.290 and 1987 c 480 s 4;

             (5) RCW 43.17.300 and 1987 c 480 s 5; and

             (6) 1991 c 53 s 1 & 1987 c 480 s 6 (uncodified).


PART 26

TECHNICAL ADVISORY COMMITTEE ON PUPIL TRANSPORTATION


             Sec. 2601. RCW 46.61.380 and 1984 c 7 s 70 are each amended to read as follows:

             The state superintendent of public instruction((, by and with the advice of the state department of transportation and the chief of the Washington state patrol,)) shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in this state for the transportation of school children. Those rules shall by reference be made a part of any such contract or other agreement with the school district. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district is subject to such rules. It is unlawful for any officer or employee of any school district or for any person operating any school bus under contract with any school district to violate any of the provisions of such rules.


PART 27

TRANSPORTATION IMPROVEMENT BOARD AND

MULTIMODAL TRANSPORTATION PROGRAMS

AND PROJECTS SELECTION COMMITTEE


             Sec. 2701. RCW 82.44.180 and 1993 sp.s. c 23 s 64 and 1993 c 393 s 1 are each reenacted and amended to read as follows:

             (1) The transportation fund is created in the state treasury. Revenues under RCW 82.44.020 (1) and (2), 82.44.110, 82.44.150, and the surcharge under RCW 82.50.510 shall be deposited into the fund as provided in those sections.

             Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.

             (2) There is hereby created the central Puget Sound public transportation account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(b) shall be appropriated to the ((department of)) transportation improvement board and allocated by the ((multimodal transportation programs and projects selection committee created in RCW 47.66.020)) transportation improvement board to public transportation projects within the region from which the funds are derived, solely for:

             (a) Planning;

             (b) Development of capital projects;

             (c) Development of high capacity transportation systems as defined in RCW 81.104.015;

             (d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020; and

             (e) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources.

             (3) There is hereby created the public transportation systems account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(c) shall be appropriated to the ((department of)) transportation improvement board and allocated by the ((multimodal transportation programs and projects selection committee)) transportation improvement board to public transportation projects submitted by the public transportation systems from which the funds are derived, solely for:

             (a) Planning;

             (b) Development of capital projects;

             (c) Development of high capacity transportation systems as defined in RCW 81.104.015;

             (d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;

             (e) Other public transportation system-related roadway projects on state highways, county roads, or city streets; and

             (f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources.


             Sec. 2702. RCW 81.104.090 and 1993 c 393 s 2 are each amended to read as follows:

             The department of transportation shall be responsible for distributing amounts appropriated from the high capacity transportation account, which shall be allocated by the ((multimodal transportation programs and projects selection committee)) department of transportation based on criteria in subsection (2) of this section. The department shall assemble and participate in a committee comprised of transit agencies eligible to receive funds from the high capacity transportation account for the purpose of reviewing fund applications.

             (1) State high capacity transportation account funds may provide up to eighty percent matching assistance for high capacity transportation planning efforts.

             (2) Authorizations for state funding for high capacity transportation planning projects shall be subject to the following criteria:

             (a) Conformance with the designated regional transportation planning organization's regional transportation plan;

             (b) Local matching funds;

             (c) Demonstration of projected improvement in regional mobility;

             (d) Conformance with planning requirements prescribed in RCW 81.104.100, and if five hundred thousand dollars or more in state funding is requested, conformance with the requirements of RCW 81.104.110; and

             (e) Establishment, through interlocal agreements, of a joint regional policy committee as defined in RCW 81.104.030 or 81.104.040.

             (3) The department of transportation shall provide general review and monitoring of the system and project planning process prescribed in RCW 81.104.100.


             Sec. 2703. RCW 47.26.121 and 1994 c 179 s 13 are each amended to read as follows:

             (1) There is hereby created a transportation improvement board of ((eighteen)) twenty-one members, six of whom shall be county members and six of whom shall be city members. The remaining members shall be: (a) One representative appointed by the governor who shall be a state employee with responsibility for transportation policy, planning, or funding; (b) ((the assistant secretary of the department of transportation whose primary responsibilities relate to planning and public transportation; (c) the assistant secretary for local programs of)) two representatives from the department of transportation; (((d) a)) (c) two representatives of ((a)) public transit systems; (((e))) (d) a private sector representative; ((and (f) a public member)) (e) a member representing the ports; (f) a member representing nonmotorized transportation; and (g) a member representing special needs transportation.

             (2) Of the county members of the board, one shall be a county engineer or public works director; one shall be the executive director of the county road administration board; one shall be a county planning director or planning manager; one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who serves on the board of a public transit system; and one shall be a county executive, councilmember, or commissioner from a county with a population of less than one hundred twenty-five thousand. All county members of the board, except the executive director of the county road administration board, shall be appointed. Not more than one county member of the board shall be from any one county. No more than two of the three county-elected officials may represent counties located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.

             (3) Of the city members of the board one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city with a population of twenty thousand or more; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; one shall be a city planning director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the board of a public transit system; and one shall be a mayor, commissioner, or councilmember of a city of less than twenty thousand population. All of the city members shall be appointed. Not more than one city member of the board shall be from any one city. No more than two of the three city-elected officials may represent cities located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.

             (4) Of the transit members, at least one shall be a general manager, executive director, or transit director of a public transit system in an urban area with a population over two hundred thousand and at least one representative from a rural or small urban transit system in an area with a population less than two hundred thousand.

             (5) The private sector member shall be a citizen with business, management, and transportation related experience and shall be active in a business community-based transportation organization.

             (6) The public member shall have professional experience in transportation or land use planning, a demonstrated interest in transportation issues, and involvement with community groups or grass roots organizations.

             (7) The port member shall be a commissioner or senior staff person of a public port.

             (8) The nonmotorized transportation member shall be a citizen with a demonstrated interest and involvement with a nonmotorized transportation group.

             (9) The specialized transportation member shall be a citizen with a demonstrated interest and involvement with a state-wide specialized needs transportation group.

             (10) Appointments of county, city, Washington department of transportation, transit, port, nonmotorized transportation, special needs transportation, private sector, and public representatives shall be made by the secretary of the department of transportation. Appointees shall be chosen from a list of two persons for each position nominated by the Washington state association of counties for county members, the association of Washington cities for city members, ((and)) the Washington state transit association for the transit members, and the Washington public ports association for the port member. The private sector ((and)), public, nonmotorized transportation, and special needs members shall be sought through classified advertisements in selected newspapers collectively serving all urban areas of the state, and other appropriate means. Persons applying for the private sector, nonmotorized transportation, special needs transportation, or the public member position must provide a letter of interest and a resume to the secretary of the department of transportation. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason or when a private sector, nonmotorized transportation, special needs transportation, or public member resigns or is unable or unwilling to serve.

             (((8))) (11) Appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years. The initial term of appointed members may be for less than four years. No appointed member may serve more than two consecutive four-year terms.

             (((9))) (12) The board shall elect a chair from among its members for a two-year term.

             (((10))) (13) Expenses of the board shall be paid in accordance with RCW 47.26.140.

             (((11))) (14) For purposes of this section, "public transit system" means a city-owned transit system, county transportation authority, metropolitan municipal corporation, public transportation benefit area, or regional transit authority.


             Sec. 2704. RCW 47.66.030 and 1993 c 393 s 5 are each amended to read as follows:

             (1)(a) The ((multimodal transportation programs and projects selection committee)) transportation improvement board is authorized and responsible for the final selection of programs and projects funded from the central Puget Sound public transportation account; public transportation systems account; high capacity transportation account; and the intermodal surface transportation and efficiency act of 1991, surface transportation program, state-wide competitive.

             (b) The ((committee)) board may establish subcommittees ((of the full committee)) as well as technical advisory committees to carry out the mandates of this chapter.

             (2)(((a))) Expenses of the ((committee)) board, including administrative expenses for managing the program, shall be paid ((from the transportation fund)) in accordance with RCW 47.26.140.

             (((b) Members of the committee shall receive no compensation for their services on the committee, but shall be reimbursed for travel expenses incurred while attending meetings of the committee or while engaged on other business of the committee when authorized by the committee in accordance with RCW 43.03.050 and 43.03.060.))


             Sec. 2705. RCW 47.26.140 and 1994 c 179 s 14 are each amended to read as follows:

             The transportation improvement board shall appoint an executive director, who shall serve at its pleasure and whose salary shall be set by the board, and may employ additional staff as it deems appropriate. All costs associated with staff, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, shall be paid from the urban arterial trust account, small city account, city hardship assistance account, transportation fund, and the transportation improvement account in the motor vehicle fund as determined by the biennial appropriation.


             Sec. 2706. RCW 47.66.040 and 1993 c 393 s 6 are each amended to read as follows:

             (1) The ((multimodal transportation programs and projects selection committee)) transportation improvement board shall select programs and projects based on a competitive process consistent with the mandates governing each account or source of funds. The competition shall be consistent with the following criteria:

             (a) Local, regional, and state transportation plans;

             (b) Local transit development plans; and

             (c) Local comprehensive land use plans.

             (2) The following criteria shall be considered by the ((committee)) board in selecting programs and projects:

             (a) Objectives of the growth management act, the high capacity transportation act, the commute trip reduction act, transportation demand management programs, federal and state air quality requirements, and federal Americans with disabilities act and related state accessibility requirements; and

             (b) Energy efficiency issues, freight and goods movement as related to economic development, regional significance, rural isolation, the leveraging of other funds including funds administered by this ((committee)) board, and safety and security issues.

             (3) The ((committee)) board shall determine the appropriate level of local match required for each program and project based on the source of funds.


             Sec. 2707. RCW 47.26.160 and 1994 c 179 s 15 are each amended to read as follows:

             The transportation improvement board shall:

             (1) Adopt rules necessary to implement the provisions of chapter 47.66 RCW and this chapter relating to the allocation of funds;

             (2) Adopt reasonably uniform design standards for city and county arterials.


             NEW SECTION. Sec. 2708. The following acts or parts of acts are each repealed:

             (1) RCW 47.66.020 and 1993 c 393 s 4;

             (2) RCW 47.66.050 and 1993 c 393 s 7; and

             (3) RCW 47.66.060 and 1993 c 393 s 8.


PART 28

OVERSIGHT COMMITTEE ON LONGSHOREMAN'S AND

HARBOR WORKER'S COMPENSATION COVERAGE


             NEW SECTION. Sec. 2801. The following acts or parts of acts are each repealed:

             (1) RCW 48.22.071 and 1992 c 209 s 3; and

             (2) RCW 48.22.072 and 1993 c 177 s 2 & 1992 c 209 s 4.


PART 29

BOARD OF ADVISORS FOR SOLID WASTE INCINERATOR

AND LANDFILL OPERATOR CERTIFICATION


             Sec. 2901. RCW 70.95D.010 and 1989 c 431 s 65 are each amended to read as follows:

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

             (1) (("Board" means the board of advisors for solid waste incinerator and landfill operator certification established by RCW 70.95D.050.

             (2))) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

             (((3))) (2) "Department" means the department of ecology.

             (((4))) (3) "Director" means the director of ecology.

             (((5))) (4) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel, but excludes facilities that have the primary purpose of burning hog fuel.

             (((6))) (5) "Landfill" means a landfill as defined under RCW 70.95.030.

             (((7))) (6) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee; in the case of a privately owned landfill or incinerator, the legal owner.

             (((8))) (7) "Solid waste" means solid waste as defined under RCW 70.95.030.


             Sec. 2902. RCW 70.95D.060 and 1989 c 431 s 70 are each amended to read as follows:

             (1) The director may((, with the recommendation of the board and after a hearing before the board,)) revoke a certificate:

             (a) If it were found to have been obtained by fraud or deceit;

             (b) For gross negligence in the operation of a solid waste incinerator or landfill;

             (c) For violating the requirements of this chapter or any lawful rule or order of the department; or

             (d) If the facility operated by the certified employee is operated in violation of state or federal environmental laws.

             (2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order ((or [of])) of revocation.


             NEW SECTION. Sec. 2903. RCW 70.95D.050 and 1989 c 431 s 69 are each repealed.


             NEW SECTION. Sec. 2904. A new section is added to chapter 70.95D RCW to read as follows:

             The director may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance on the certification of solid waste incinerator and landfill operators.


PART 30

WATER AND WASTEWATER OPERATOR CERTIFICATION

BOARD OF EXAMINERS


             Sec. 3001. RCW 70.95B.020 and 1987 c 357 s 1 are each amended to read as follows:

             As used in this chapter unless context requires another meaning:

             (1) "Director" means the director of the department of ecology.

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

             (3) (("Board" means the water and wastewater operator certification board of examiners established by RCW 70.95B.070.

             (4))) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

             (((5))) (4) "Wastewater treatment plant" means a facility used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial or industrial origin, and which by its design requires the presence of an operator for its operation. It shall not include any facility used exclusively by a single family residence, septic tanks with subsoil absorption, industrial wastewater treatment plants, or wastewater collection systems.

             (((6))) (5) "Operator in responsible charge" means an individual who is designated by the owner as the person on-site in responsible charge of the routine operation of a wastewater treatment plant.

             (((7))) (6) "Nationally recognized association of certification authorities" shall mean that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.

             (((8))) (7) "Wastewater collection system" means any system of lines, pipes, manholes, pumps, liftstations, or other facilities used for the purpose of collecting and transporting wastewater.

             (((9))) (8) "Operating experience" means routine performance of duties, on-site in a wastewater treatment plant, that affects plant performance or effluent quality.

             (((10))) (9) "Owner" means in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chairman of the county legislative authority or the chairman's designee; in the case of a sewer district, board of public utilities, association, municipality or other public body, the president or chairman of the body or the president's or chairman's designee; in the case of a privately owned wastewater treatment plant, the legal owner.

             (((11))) (10) "Wastewater certification program coordinator" means an employee of the department ((who is appointed by the director to serve on the board and)) who administers the wastewater treatment plant operators' certification program.


             Sec. 3002. RCW 70.95B.040 and 1987 c 357 s 3 are each amended to read as follows:

             The director((, with the approval of the board,)) shall adopt and enforce such rules and regulations as may be necessary for the administration of this chapter. The rules and regulations shall include, but not be limited to, provisions for the qualification and certification of operators for different classifications of wastewater treatment plants.


             Sec. 3003. RCW 70.95B.100 and 1973 c 139 s 10 are each amended to read as follows:

             The director may, ((with the recommendation of the board and after a hearing before the same)) after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for gross negligence in the operation of a waste treatment plant, or for violating the requirements of this chapter or any lawful rule, order or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate for one year from the effective date of this final order or revocation.


             Sec. 3004. RCW 70.119.020 and 1991 c 305 s 2 are each amended to read as follows:

             As used in this chapter unless context requires another meaning:

             (1) (("Board" means the board established pursuant to RCW 70.95B.070 which shall be known as the water and waste water operator certification board of examiners.

             (2))) "Certificate" means a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.

             (((3))) (2) "Certified operator" means an individual holding a valid certificate and employed or appointed by any county, water district, municipality, public or private corporation, company, institution, person, or the state of Washington and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.

             (((4))) (3) "Department" means the department of health.

             (((5))) (4) "Distribution system" means that portion of a public water system which stores, transmits, pumps and distributes water to consumers.

             (((6))) (5) "Ground water under the direct influence of surface water" means any water beneath the surface of the ground with:

             (a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia lamblia; or

             (b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

             (((7))) (6) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections. Group A water system does not include a system serving fewer than fifteen single-family residences, regardless of the number of people.

             (((8))) (7) "Nationally recognized association of certification authorities" shall mean an organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and waste water facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.

             (((9))) (8) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.

             (((10))) (9) "Purification plant" means that portion of a public water system which treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards.

             (((11))) (10) "Secretary" means the secretary of the department of health.

             (((12))) (11) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered equivalent to one service.

             (((13))) (12) "Surface water" means all water open to the atmosphere and subject to surface runoff.


             Sec. 3005. RCW 70.119.050 and 1983 c 292 s 4 are each amended to read as follows:

             The secretary shall adopt((, with the approval of the board,)) such rules and regulations as may be necessary for the administration of this chapter and shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW 70.119.100(2), and provisions for classifying water purification plants and distribution systems.

             Rules and regulations adopted under the provisions of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW.


             Sec. 3006. RCW 70.119.110 and 1991 c 305 s 7 are each amended to read as follows:

             The secretary may((, with the recommendation of the board and after hearing before the same,)) after conducting a hearing revoke a certificate found to have been obtained by fraud or deceit; or for gross negligence in the operation of a purification plant or distribution system; or for an intentional violation of the requirements of this chapter or any lawful rules, order, or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate for one year from the effective date of the final order of revocation.


             NEW SECTION. Sec. 3007. The following acts or parts of acts are each repealed:

             (1) RCW 70.95B.070 and 1984 c 287 s 106, 1975-'76 2nd ex.s. c 34 s 161, & 1973 c 139 s 7; and

             (2) RCW 70.119.080 and 1983 c 292 s 6 & 1977 ex.s. c 99 s 8.


             NEW SECTION. Sec. 3008. A new section is added to chapter 70.95B RCW to read as follows:

             The director, in cooperation with the secretary of health, may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance regarding the examination and certification of operators of wastewater treatment plants.


             NEW SECTION. Sec. 3009. A new section is added to chapter 70.119 RCW to read as follows:

             The secretary, in cooperation with the director of ecology, may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance regarding the development of rules implementing this chapter and on the examination and certification of operators of water systems.


PART 31

TWIN RIVERS CORRECTIONS CENTER

VOLUNTEER ADVISORY COMMITTEE


             NEW SECTION. Sec. 3101. By July 1, 1995, the secretary of the department of corrections shall abolish the twin rivers corrections center volunteer advisory committee.


PART 32

SEA URCHIN AND SEA CUCUMBER ADVISORY REVIEW BOARDS


             Sec. 3201. RCW 75.30.050 and 1994 sp.s. c 9 s 807 and 1994 c 260 s 18 are each reenacted and amended to read as follows:

             (1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

             (a) The commercial crab fishing industry in cases involving Dungeness crab—Puget Sound fishery licenses;

             (b) The commercial herring fishery in cases involving herring fishery licenses;

             (c) The commercial sea urchin and sea cucumber fishery in cases involving sea urchin and sea cucumber dive fishery licenses;

             (d) ((The commercial sea cucumber fishery in cases involving sea cucumber dive fishery licenses;

             (e))) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and

             (((f))) (e) The commercial coastal crab fishery in cases involving Dungeness crab—coastal fishery licenses and Dungeness crab—coastal class B fishery licenses. The members shall include one person from the commercial crab processors, one Dungeness crab—coastal fishery license holder, and one citizen representative of a coastal community.

             (2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.


PART 33

ADVISORY BOARD FOR THE PURCHASE OF

FISHING VESSELS AND LICENSES


             Sec. 3301. RCW 75.44.140 and 1983 1st ex.s. c 46 s 159 are each amended to read as follows:

             The director shall adopt rules for the administration of the program. To assist the department in the administration of the program, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.

             ((The director shall appoint an advisory board composed of five individuals who are knowledgeable of the commercial fishing industry to advise the director concerning the values of licenses and permits. Advisory board members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.))


PART 34

RAIL DEVELOPMENT COMMISSION


             NEW SECTION. Sec. 3401. The following acts or parts of acts are each repealed:

             (1) RCW 81.62.010 and 1987 c 429 s 1;

             (2) RCW 81.62.020 and 1987 c 429 s 2;

             (3) RCW 81.62.030 and 1987 c 429 s 3;

             (4) RCW 81.62.040 and 1987 c 429 s 4;

             (5) RCW 81.62.050 and 1987 c 429 s 5;

             (6) RCW 81.62.060 and 1987 c 429 s 6;

             (7) RCW 81.62.900 and 1987 c 429 s 7; and

             (8) RCW 81.62.901 and 1987 c 429 s 8.


PART 35

MARINE OVERSIGHT BOARD


             NEW SECTION. Sec. 3501. RCW 90.56.450 and 1992 c 73 s 40 & 1991 c 200 s 501 are each repealed.


PART 36

INTERAGENCY COORDINATING COMMITTEE FOR PUGET SOUND

AMBIENT MONITORING PROGRAM


             Sec. 3601. RCW 90.70.065 and 1994 c 264 s 98 are each amended to read as follows:

             (1) In addition to other powers and duties specified in this chapter, the authority shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the plan under RCW 90.70.060(12). The program shall:

             (a) Develop a baseline and examine differences among areas of Puget Sound, for environmental conditions, natural resources, and contaminants in seafood, against which future changes can be measured;

             (b) Take measurements relating to specific program elements identified in the plan;

             (c) Measure the progress of the ambient monitoring programs implemented under the plan;

             (d) Provide a permanent record of significant natural and human-caused changes in key environmental indicators in Puget Sound; and

             (e) Help support research on Puget Sound.

             (2) ((To ensure proper coordination of the ambient monitoring program, the authority may establish an interagency coordinating committee consisting of representatives from the departments of ecology, fish and wildlife, natural resources, and health, and such federal, local, tribal, and other organizations as are necessary to implement the program.

             (3))) Each state agency with responsibilities for implementing the Puget Sound ambient monitoring program, as specified in the plan, shall participate in the program.


PART 37

PUGET SOUND WATER QUALITY AUTHORITY


             Sec. 3701. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

             The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((1995)) 2002, as provided in RCW 43.131.370.


             Sec. 3702. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1996)) 2003:

             (1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

             (2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

             (3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

             (4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

             (5) Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

             (6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

             (7) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

             (8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

             (9) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

             (10) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

             (11) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.


PART 38

MISCELLANEOUS


             Sec. 3801. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:

             (1) The commission consists of sixteen voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor((, subject to confirmation by the senate)).

             (2) The voting membership consists of the following:

             (a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;

             (b) The director of financial management or designee, as an ex officio member;

             (c) Until June 30, 1998, the chair of the indeterminate sentence review board, as an ex officio member;

             (d) The chair of the clemency and pardons board, as an ex officio member;

             (e) Two prosecuting attorneys;

             (f) Two attorneys with particular expertise in defense work;

             (g) Four persons who are superior court judges;

             (h) One person who is the chief law enforcement officer of a county or city;

             (i) Three members of the public who are not and have never been prosecutors, attorneys, judges, or law enforcement officers.

In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the attorney members, of the association of superior court judges in respect to the members who are judges, and of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer.

             (3) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed ((and confirmed)). However, the governor shall stagger the terms by appointing four of the initial members for terms of one year, four for terms of two years, and four for terms of three years.

             (4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

             (5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120((, as now existing or hereafter amended)). Members shall be compensated in accordance with RCW 43.03.250.


             Sec. 3802. RCW 9.94A.250 and 1981 c 137 s 25 are each amended to read as follows:

             (1) The clemency and pardons board is established as a board within the office of the governor. The board consists of five members appointed by the governor((, subject to confirmation by the senate)).

             (2) Members of the board shall serve terms of four years and until their successors are appointed ((and confirmed)). However, the governor shall stagger the terms by appointing one of the initial members for a term of one year, one for a term of two years, one for a term of three years, and two for terms of four years.

             (3) The board shall elect a chairman from among its members and shall adopt bylaws governing the operation of the board.

             (4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)).

             (5) The attorney general shall provide a staff as needed for the operation of the board.


             Sec. 3803. RCW 9.95.003 and 1986 c 224 s 3 are each amended to read as follows:

             The board shall consist of a chairman and six other members, each of whom shall be appointed by the governor ((with the consent of the senate)). Each member shall hold office for a term of five years, and until his or her successor is appointed and qualified. The terms shall expire on April 15th of the expiration year. Vacancies in the membership of the board shall be filled by appointment by the governor ((with the consent of the senate)). In the event of the inability of any member to act, the governor shall appoint some competent person to act in his or her stead during the continuance of such inability. The members shall not be removable during their respective terms except for cause determined by the superior court of Thurston county. The governor in appointing the members shall designate one of them to serve as chairman at the governor's pleasure.

             The members of the board and its officers and employees shall not engage in any other business or profession or hold any other public office; nor shall they, at the time of appointment or employment or during their incumbency, serve as the representative of any political party on an executive committee or other governing body thereof, or as an executive officer or employee of any political committee or association. The members of the board shall each severally receive salaries fixed by the governor in accordance with the provisions of RCW 43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.

             The board may employ, and fix, with the approval of the governor, the compensation of and prescribe the duties of a secretary and such officers, employees, and assistants as may be necessary, and provide necessary quarters, supplies, and equipment.


             Sec. 3804. RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:

             (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

             (2) The commission shall be composed of the secretary or the secretary's designee and the following nine members appointed by the governor((, subject to confirmation by the senate)): (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

             (3) The secretary or the secretary's designee shall serve as chairman of the commission.

             (4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

             (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

             (6) The commission shall meet at least once every three months.


             Sec. 3805. RCW 18.64.001 and 1984 c 153 s 1 are each amended to read as follows:

             There shall be a state board of pharmacy consisting of seven members, to be appointed by the governor ((by and with the advice and consent of the senate)). Five of the members shall be designated as pharmacist members and two of the members shall be designated a public member.

             Each pharmacist member shall be a citizen of the United States and a resident of this state, and at the time of his or her appointment shall have been a duly registered pharmacist under the laws of this state for a period of at least five consecutive years immediately preceding his or her appointment and shall at all times during his or her incumbency continue to be a duly licensed pharmacist: PROVIDED, That subject to the availability of qualified candidates the governor shall appoint pharmacist members representative of the areas of practice and geographically representative of the state of Washington.

             The public member shall be a citizen of the United States and a resident of this state. The public member shall be appointed from the public at large, but shall not be affiliated with any aspect of pharmacy.

             Members of the board shall hold office for a term of four years, and the terms shall be staggered so that the terms of office of not more than two members will expire simultaneously on the third Monday in January of each year.

             No person who has been appointed to and served for two four year terms shall be eligible for appointment to the board.

             Each member shall qualify by taking the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of his or her appointment and until his or her successor is appointed and qualified.

             In case of the resignation or disqualification of a member, or a vacancy occurring from any cause, the governor shall appoint a successor for the unexpired term.


             Sec. 3806. RCW 28B.07.030 and 1985 c 370 s 48 are each amended to read as follows:

             (1) The Washington higher education facilities authority is hereby established as a public body corporate and politic, with perpetual corporate succession, constituting an agency of the state of Washington exercising essential governmental functions. The authority is a "public body" within the meaning of RCW 39.53.010.

             (2) The authority shall consist of seven members as follows: The governor, lieutenant governor, executive director of the higher education coordinating board, and four public members, one of whom shall be the president of a higher education institution at the time of appointment. The public members shall be residents of the state and appointed by the governor((, subject to confirmation by the senate,)) on the basis of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The initial terms of the public members shall be staggered in a manner determined by the governor. In the event of a vacancy on the authority due to death, resignation, or removal of one of the public members, and upon the expiration of the term of any public member, the governor shall appoint a successor for a term expiring on the fourth anniversary of the successor's date of the appointment. If any of the state offices are abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office. Any public member of the authority may be removed by the governor for misfeasance, malfeasance, wilful neglect of duty, or any other cause after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing.

             (3) The governor shall serve as chairperson of the authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the governor may designate an employee of the governor's office to act on the governor's behalf in all other respects during the absence of the governor at any meeting of the authority. If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the designee has the same effect as if cast by the governor.

             (4) Any person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute book or a journal of the authority, and the authority's official seal, if any. The person may cause copies to be made of all minutes and other records and documents of the authority, and may give certificates to the effect that such copies are true copies. All persons dealing with the authority may rely upon the certificates.

             (5) Four members of the authority constitute a quorum. The authority may act on the basis of a motion except when authorizing the issuance and sale of bonds, in which case the authority shall act by resolution. Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members voting yes. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting of the authority. All actions taken by the authority shall take effect immediately without need for publication or other public notice. A vacancy in the membership of the authority does not impair the power of the authority to act under this chapter.

             (6) The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses as determined by the authority incurred in the discharge of their duties under this chapter.


             Sec. 3807. RCW 28C.18.020 and 1991 c 238 s 3 are each amended to read as follows:

             (1) There is hereby created the work force training and education coordinating board as a state agency and as the successor agency to the state board for vocational education. Once the coordinating board has convened, all references to the state board for vocational education in the Revised Code of Washington shall be construed to mean the work force training and education coordinating board, except that reference to the state board for vocational education in RCW 49.04.030 shall mean the state board for community and technical colleges.

             (2)(a) The board shall consist of nine voting members appointed by the governor ((with the consent of the senate,)) as follows: Three representatives of business, three representatives of labor, and, serving as ex officio members, the superintendent of public instruction, the executive director of the state board for community and technical colleges, and the commissioner of the employment security department. The chair of the board shall be a nonvoting member selected by the governor ((with the consent of the senate)), and shall serve at the pleasure of the governor. In selecting the chair, the governor shall seek a person who understands the future economic needs of the state and nation and the role that the state's training system has in meeting those needs. Each voting member of the board may appoint a designee to function in his or her place with the right to vote. In making appointments to the board, the governor shall seek to ensure geographic, ethnic, and gender diversity and balance. The governor shall also seek to ensure diversity and balance by the appointment of persons with disabilities.

             (b) The business representatives shall be selected from among nominations provided by a state-wide business organization representing a cross-section of industries. However, the governor may request, and the organization shall provide, an additional list or lists from which the governor shall select the business representatives. The nominations and selections shall reflect the cultural diversity of the state, including women, people with disabilities, and racial and ethnic minorities, and diversity in sizes of businesses.

             (c) The labor representatives shall be selected from among nominations provided by state-wide labor organizations. However, the governor may request, and the organizations shall provide, an additional list or lists from which the governor shall select the labor representatives. The nominations and selections shall reflect the cultural diversity of the state, including women, people with disabilities, and racial and ethnic minorities.

             (d) Each business member may cast a proxy vote or votes for any business member who is not present and who authorizes in writing the present member to cast such vote.

             (e) Each labor member may cast a proxy vote for any labor member who is not present and who authorizes in writing the present member to cast such vote.

             (f) The chair shall appoint to the board one nonvoting member to represent racial and ethnic minorities, women, and people with disabilities. The nonvoting member appointed by the chair shall serve for a term of four years with the term expiring on June 30th of the fourth year of the term.

             (g) The business members of the board shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.

             (h) The labor members of the board shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.

             (i) Any vacancies among board members representing business or labor shall be filled by the governor with nominations provided by state-wide organizations representing business or labor, respectively.

             (j) The board shall adopt bylaws and shall meet at least bimonthly and at such other times as determined by the chair who shall give reasonable prior notice to the members or at the request of a majority of the voting members.

             (k) Members of the board shall be compensated in accordance with RCW 43.03.040 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (l) The board shall be formed and ready to assume its responsibilities under this chapter by October 1, 1991.

             (m) The director of the board shall be appointed by the governor from a list of three names submitted by a committee made up of the business and labor members of the board. However, the governor may request, and the committee shall provide, an additional list or lists from which the governor shall select the director. The lists compiled by the committee shall not be subject to public disclosure. The governor may dismiss the director only with the approval of a majority vote of the board. The board, by a majority vote, may dismiss the director with the approval of the governor.

             (3) The state board for vocational education is hereby abolished and its powers, duties, and functions are hereby transferred to the work force training and education coordinating board. All references to the director or the state board for vocational education in the Revised Code of Washington shall be construed to mean the director or the work force training and education coordinating board.


             Sec. 3808. RCW 41.64.010 and 1981 c 311 s 1 are each amended to read as follows:

             (1) There is hereby created a "personnel appeals board," hereinafter in this chapter referred to as the "board," which shall consist of three members to be appointed by the governor((, subject to confirmation by the senate)). The first board shall be appointed within thirty days after May 19, 1981, for terms of two, four, and six years. Thereafter, appointments shall be made for six-year terms. A vacancy shall be filled by appointment by the governor for the unexpired term in which the vacancy exists. Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed. Members may be reappointed to the board for successive terms. Persons appointed to the board shall be qualified by experience and training in the field of administrative procedures and merit principles. Such members:

             (a) May not hold any other employment with the state;

             (b) May not during the terms to which they are appointed be or become candidates for public office, hold any other public office or trust, engage in any occupation or business which interferes, or is inconsistent, with their duties as members of the board, serve on or under any committee of any political party, and may not have been officers of a political party for a period of one year immediately prior to their appointment; and

             (c) May not for a period of one year after the termination of their membership on the board, act in a representative capacity before the board on any matter.

             (2) Unless the context clearly indicates otherwise, the following definitions apply to this chapter:

             (a) "Agency" means any agency as defined in RCW 41.06.020;

             (b) For appeals filed on or after July 1, 1981, under RCW 41.64.090, "board" or "personnel appeals board" means the personnel appeals board created by subsection (1) of this section;

             (c) For purposes of RCW 41.64.080 through 41.64.140 for appeals filed before July 1, 1981, under RCW 41.06.170, as it existed prior to or after May 19, 1981, "board" or "personnel appeals board" means the state personnel board created by RCW 41.06.110.


             Sec. 3809. RCW 43.97.025 and 1987 c 499 s 2 are each amended to read as follows:

             (1) The governor, the Columbia River Gorge commission, and all state agencies and counties are hereby directed and provided authority to carry out their respective functions and responsibilities in accordance with the compact executed pursuant to RCW 43.97.015, the Columbia River Gorge National Scenic Area Act, and the provisions of this chapter.

             (2) The governor shall appoint three members of the Columbia River Gorge commission who reside in the state of Washington, at least one of whom shall be a resident of the scenic area as defined in the act.

             (3)(a) The governing bodies of Clark, Klickitat, and Skamania counties shall each appoint one member of the Columbia River Gorge commission.

             (b) In the event the governing body of a county fails to make the appointments prescribed in section 5(a)(c)(1) of that act and (a) of this subsection, the governor shall appoint any such member.

             (4) Each member appointed by the governor ((shall be subject to confirmation by the Washington state senate and)) shall serve at the pleasure of the governor until their term shall expire or until a disqualifying change in residence.

             (5) Of those members appointed to the Columbia River Gorge commission by the governing body of the counties of Clark, Klickitat, and Skamania, the governor shall designate one member to serve for a term of five years and one to serve for six years. Of those members appointed directly by the governor pursuant to RCW 43.97.015, the governor shall designate one to serve a term of five years and one to serve a term of six years. All other members shall serve a period of four years.

             Neither the governor nor governing body of any of the counties may appoint federal, state, or local elected or appointed officials as members to the Columbia River Gorge commission.

             Vacancies shall be filled in accordance with the appointing procedure for the commission member occupying the seat before its vacancy.


             Sec. 3810. RCW 43.99.110 and 1994 c 264 s 31 are each amended to read as follows:

             There is created the interagency committee for outdoor recreation consisting of the commissioner of public lands, the director of parks and recreation, and the director of fish and wildlife, or their designees, and, by appointment of the governor ((with the advice and consent of the senate)), five members from the public at large who have a demonstrated interest in and a general knowledge of outdoor recreation in the state. The terms of members appointed from the public at large shall commence on January 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term; provided the first such members shall be appointed for terms as follows: One member for one year, two members for two years, and two members for three years. The governor shall appoint one of the members from the public at large to serve as chairman of the committee for the duration of the member's term. Members employed by the state shall serve without additional pay and participation in the work of the committee shall be deemed performance of their employment. Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the committee in accordance with RCW 43.03.050 and 43.03.060.


             Sec. 3811. RCW 43.180.040 and 1985 c 6 s 14 are each amended to read as follows:

             (1) There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington state housing finance commission. The commission is an instrumentality of the state exercising essential government functions and, for purposes of the code, acts as a constituted authority on behalf of the state when it issues bonds pursuant to this chapter. The commission is a "public body" within the meaning of RCW 39.53.010.

             (2) The commission shall consist of the following voting members:

             (a) The state treasurer, ex officio;

             (b) The director of community, trade, and economic development, ex officio;

             (c) An elected local government official, ex officio, with experience in local housing programs, who shall be appointed by the governor ((with the consent of the senate));

             (d) A representative of housing consumer interests, appointed by the governor ((with the consent of the senate));

             (e) A representative of labor interests, appointed by the governor, ((with the consent of the senate,)) after consultation with representatives of organized labor;

             (f) A representative of low-income persons, appointed by the governor ((with the consent of the senate));

             (g) Five members of the public appointed by the governor((, with the consent of the senate,)) on the basis of geographic distribution and their expertise in housing, real estate, finance, energy efficiency, or construction, one of whom shall be appointed by the governor as chair of the commission and who shall serve on the commission and as chair of the commission at the pleasure of the governor.

             The term of the persons appointed by the governor, other than the chair, shall be four years from the date of their appointment, except that the terms of three of the initial appointees shall be for two years from the date of their appointment. The governor shall designate the appointees who will serve the two-year terms. An appointee may be removed by the governor for cause pursuant to RCW 43.06.070 and 43.06.080. The governor shall fill any vacancy in an appointed position by appointment for the remainder of the unexpired term. If the department of community, trade, and economic development is abolished, the resulting vacancy shall be filled by a state official who shall be appointed to the commission by the governor. ((If this official occupies an office or position for which senate confirmation is not required, then his appointment to the commission shall be subject to the consent of the senate.)) The members of the commission shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the commission, for expenses incurred in the discharge of their duties under this chapter, subject to the provisions of RCW 43.03.050 and 43.03.060. A majority of the commission constitutes a quorum. Designees shall be appointed in such manner and shall exercise such powers as are specified by the rules of the commission.

             (3) The commission may adopt an official seal and may select from its membership a vice chair, a secretary, and a treasurer. The commission shall establish rules concerning its exercise of the powers authorized by this chapter. The rules shall be adopted in conformance with chapter 34.05 RCW.


             Sec. 3812. RCW 43.210.030 and 1991 c 314 s 15 are each amended to read as follows:

             The small business export finance assistance center and its branches shall be governed and managed by a board of nineteen directors appointed by the governor ((and confirmed by the senate)). The directors shall serve terms of six years except that two of the original directors shall serve for two years and two of the original directors shall serve for four years. The directors may provide for the payment of their expenses. The directors shall include a representative of a not-for-profit corporation formed for the purpose of facilitating economic development, at least two representatives of state financial institutions engaged in the financing of export transactions, a representative of a port district, and a representative of organized labor. Of the remaining board members, there shall be one representative of business from the area west of Puget Sound, one representative of business from the area east of Puget Sound and west of the Cascade range, one representative of business from the area east of the Cascade range and west of the Columbia river, one representative of business from the area east of the Columbia river, the director of the department of community, trade, and economic development, and the director of the department of agriculture. One of the directors shall be a representative of the public selected from the area in the state west of the Cascade mountain range and one director shall be a representative of the public selected from that area of the state east of the Cascade mountain range. One director shall be a representative of the public at large. The directors shall be broadly representative of geographic areas of the state, and the representatives of businesses shall represent at least four different industries in different sized businesses as follows: (a) One representative of a company employing fewer than one hundred persons; (b) one representative of a company employing between one hundred and five hundred persons; (c) one representative of a company employing more than five hundred persons; (d) one representative from an export management company; and (e) one representative from an agricultural or food processing company. Any vacancies on the board due to the expiration of a term or for any other reason shall be filled by appointment by the governor for the unexpired term.


             Sec. 3813. RCW 49.04.010 and 1984 c 287 s 97 are each amended to read as follows:

             The director of labor and industries shall appoint an apprenticeship council, composed of three representatives each from employer and employee organizations, respectively. The terms of office of the members of the apprenticeship council first appointed by the director of labor and industries shall be as follows: One representative each of employers and employees shall be appointed for one year, two years, and three years, respectively. Thereafter, each member shall be appointed for a term of three years. The governor shall appoint a public member to the apprenticeship council for a three-year term. ((The appointment of the public member is subject to confirmation by the senate.)) Each member shall hold office until his or her successor is appointed and has qualified and any vacancy shall be filled by appointment for the unexpired portion of the term. The state official who has been designated by the commission for vocational education as being in charge of trade and industrial education and the state official who has immediate charge of the state public employment service shall ex officio be members of ((said)) the council, without vote. Each member of the council, not otherwise compensated by public moneys, shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240. The apprenticeship council with the consent of employee and employer groups shall: (1) Establish standards for apprenticeship agreements in conformity with the provisions of this chapter; (2) issue such rules and regulations as may be necessary to carry out the intent and purposes of this chapter, including a procedure to resolve an impasse should a tie vote of the council occur; and (3) perform such other duties as are hereinafter imposed. Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.


             Sec. 3814. RCW 70.37.030 and 1989 1st ex.s. c 9 s 261 are each amended to read as follows:

             There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington health care facilities authority. The authority shall constitute a political subdivision of the state established as an instrumentality exercising essential governmental functions. The authority is a "public body" within the meaning of RCW 39.53.010((, as now or hereafter amended)). The authority shall consist of the governor who shall serve as chairman, the lieutenant governor, the insurance commissioner, the secretary of health, and one member of the public who shall be appointed by the governor((, subject to confirmation by the senate,)) on the basis of the member's interest or expertise in health care delivery, for a term expiring on the fourth anniversary of the date of appointment. In the event that any of the offices referred to shall be abolished the resulting vacancy on the authority shall be filled by the officer who shall succeed substantially to the powers and duties thereof. The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses incurred in the discharge of their duties under this chapter, subject to the provisions of RCW 43.03.050 and 43.03.060. A majority shall constitute a quorum.

             The governor may designate an employee of the governor's office to act on behalf of the governor during the absence of the governor at one or more of the meetings of the authority. The vote of the designee shall have the same effect as if cast by the governor if the designation is in writing and is presented to the person presiding at the meetings included within the designation.

             The governor may designate a member to preside during the governor's absence.


             Sec. 3815. RCW 72.23.025 and 1992 c 230 s 1 are each amended to read as follows:

             (1) It is the intent of the legislature to improve the quality of service at state hospitals, eliminate overcrowding, and more specifically define the role of the state hospitals. The legislature intends that eastern and western state hospitals shall become clinical centers for handling the most complicated long-term care needs of patients with a primary diagnosis of mental disorder. Over the next six years, their involvement in providing short-term, acute care, and less complicated long-term care shall be diminished in accordance with the revised responsibilities for mental health care under chapter 71.24 RCW. To this end, the legislature intends that funds appropriated for mental health programs, including funds for regional support networks and the state hospitals be used for persons with primary diagnosis of mental disorder. The legislature finds that establishment of the eastern state hospital board, the western state hospital board, and institutes for the study and treatment of mental disorders at both eastern state hospital and western state hospital will be instrumental in implementing the legislative intent.

             (2)(a) The eastern state hospital board and the western state hospital board are each established. Members of the boards shall be appointed by the governor ((with the consent of the senate)). Each board shall include:

             (i) The director of the institute for the study and treatment of mental disorders established at the hospital;

             (ii) One family member of a current or recent hospital resident;

             (iii) One consumer of services;

             (iv) One community mental health service provider;

             (v) Two citizens with no financial or professional interest in mental health services;

             (vi) One representative of the regional support network in which the hospital is located;

             (vii) One representative from the staff who is a physician;

             (viii) One representative from the nursing staff;

             (ix) One representative from the other professional staff;

             (x) One representative from the nonprofessional staff; and

             (xi) One representative of a minority community.

             (b) At least one representative listed in (a) (viii), (ix), or (x) of this subsection shall be a union member.

             (c) Members shall serve four-year terms. Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 and shall receive compensation as provided in RCW 43.03.240.

             (3) The boards established under this section shall:

             (a) Monitor the operation and activities of the hospital;

             (b) Review and advise on the hospital budget;

             (c) Make recommendations to the governor and the legislature for improving the quality of service provided by the hospital;

             (d) Monitor and review the activities of the hospital in implementing the intent of the legislature set forth in this section;

             (e) Report periodically to the governor and the legislature on the implementation of the legislative intent set forth in this section; and

             (f) Consult with the secretary regarding persons the secretary may select as the superintendent of the hospital whenever a vacancy occurs.

             (4)(a) There is established at eastern state hospital and western state hospital, institutes for the study and treatment of mental disorders. The institutes shall be operated by joint operating agreements between state colleges and universities and the department of social and health services. The institutes are intended to conduct training, research, and clinical program development activities that will directly benefit mentally ill persons receiving treatment in Washington state by performing the following activities:

             (i) Promote recruitment and retention of highly qualified professionals at the state hospitals and community mental health programs;

             (ii) Improve clinical care by exploring new, innovative, and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;

             (iii) Provide expanded training opportunities for existing staff at the state hospitals and community mental health programs;

             (iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital professionals and community mental health professionals.

             (b) To accomplish these purposes the institutes may, within funds appropriated for this purpose:

             (i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions at the state hospitals and community mental health programs;

             (ii) Design and implement clinical research projects to improve the quality and effectiveness of state hospital services and operations;

             (iii) Enter into agreements with community mental health service providers to accomplish the exchange of professional staff between the state hospitals and community mental health service providers;

             (iv) Establish a student loan forgiveness and conditional scholarship program to retain qualified professionals at the state hospitals and community mental health providers when the secretary has determined a shortage of such professionals exists.

             (c) Notwithstanding any other provisions of law to the contrary, the institutes may enter into agreements with the department or the state hospitals which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section.

             (d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section.


             Sec. 3816. RCW 75.40.040 and 1983 1st ex.s. c 46 s 152 are each amended to read as follows:

             The director, ex officio, and two appointees of the governor representing the fishing industry shall act as the representatives of this state on the Pacific Marine Fisheries Commission. ((The appointees of the governor are subject to confirmation by the state senate.))


             Sec. 3817. RCW 80.50.030 and 1994 c 264 s 75 and 1994 c 154 s 315 are each reenacted and amended to read as follows:

             (1) There is created and established the energy facility site evaluation council.

             (2)(a) The chairman of the council shall be appointed by the governor ((with the advice and consent of the senate)), shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence. The chairman is a "state employee" for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.240.

             (b) The chairman or a designee shall execute all official documents, contracts, and other materials on behalf of the council. The Washington state energy office shall provide all administrative and staff support for the council. The director of the energy office has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.

             (3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

             (a) Department of ecology;

             (b) Department of fish and wildlife;

             (c) Parks and recreation commission;

             (d) Department of health;

             (e) State energy office;

             (f) Department of community, trade, and economic development;

             (g) Utilities and transportation commission;

             (h) Office of financial management;

             (i) Department of natural resources;

             (j) Department of agriculture;

             (k) Department of transportation.

             (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;

             (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

             (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.


             Sec. 3818. RCW 88.16.010 and 1991 c 200 s 1001 are each amended to read as follows:

             (1) The board of pilotage commissioners of the state of Washington is hereby created and shall consist of the assistant secretary of marine transportation of the department of transportation of the state of Washington, or the assistant secretary's designee who shall be an employee of the marine division, who shall be chairperson, the administrator of the office of marine safety, or the administrator's designee, and seven members appointed by the governor ((and confirmed by the senate)). Each of the appointed commissioners shall be appointed for a term of four years from the date of the member's commission. No person shall be eligible for appointment to the board unless that person is at the time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots licensed under this chapter and actively engaged in piloting upon the waters covered by this chapter for at least three years immediately preceding the time of appointment and while serving on the board. One pilot shall be from the Puget Sound pilotage district and one shall be from the Grays Harbor pilotage district. Two of the appointed commissioners shall be actively engaged in the ownership, operation, or management of deep sea cargo and/or passenger carrying vessels for at least three years immediately preceding the time of appointment and while serving on the board((.)), with one ((of said shipping commissioners shall be a representative of)) representing American and one ((of)) representing foreign shipping. One of the commissioners shall be a representative from a recognized environmental organization concerned with marine waters. The remaining commissioners shall be persons interested in and concerned with pilotage, maritime safety, and marine affairs, with broad experience related to the maritime industry exclusive of experience as either a state licensed pilot or as a shipping representative.

             (2) Any vacancy in an appointed position on the board shall be filled by the governor for the remainder of the unfilled term((, subject to confirmation by the senate)).

             (3) Five members of the board shall constitute a quorum. At least one pilot, one shipping representative, and one public member must be present at every meeting. All commissioners and the chairperson shall have a vote.


             NEW SECTION. Sec. 3819. Part headings as used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 3820. 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. 3821. Section 301 of this act shall take effect June 30, 1997.


             NEW SECTION. Sec. 3822. Sections 3701 and 3702 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.


             NEW SECTION. Sec. 3823. Sections 101, 201, 302, 303, 401, 402, 501 through 505, 601, 701, 801, 901, 1001, 1101, 1201 through 1203, 1301, 1302, 1401 through 1407, 1501, 1601, 1701, 1801, 1901 through 1904, 2001, 2002, 2101, 2201, 2202, 2301 through 2304, 2401, 2402, 2501, 2601, 2701 through 2708, 2801, 2901 through 2904, 3001 through 3009, 3101, 3201, 3301, 3401, 3501, and 3601 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."


             On page 1, line 2 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 13.40.025, 9.94A.040, 18.16.050, 18.145.030, 18.145.050, 18.145.070, 18.145.080, 28B.10.804, 28B.80.575, 38.54.030, 38.52.040, 43.19.190, 43.19.1905, 43.19.19052, 43.19.1906, 43.19.1937, 43.19A.020, 43.21B.005, 75.20.103, 75.20.160, 43.20A.750, 43.70.010, 43.70.070, 70.170.020, 43.150.030, 46.61.380, 81.104.090, 47.26.121, 47.66.030, 47.26.140, 47.66.040, 47.26.160, 70.95D.010, 70.95D.060, 70.95B.020, 70.95B.040, 70.95B.100, 70.119.020, 70.119.050, 70.119.110, 75.44.140, 90.70.065, 43.131.369, 43.131.370, 9.94A.060, 9.94A.250, 9.95.003, 13.40.025, 18.64.001, 28B.07.030, 28C.18.020, 41.64.010, 43.97.025, 43.99.110, 43.180.040, 43.210.030, 49.04.010, 70.37.030, 72.23.025, 75.40.040, and 88.16.010; reenacting and amending RCW 38.52.030, 82.44.180, 75.30.050, and 80.50.030; adding a new section to chapter 9.94A RCW; adding a new section to chapter 39.19 RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 70.95D RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 70.119 RCW; creating new sections; repealing RCW 1.30.010, 1.30.020, 1.30.030, 1.30.040, 1.30.050, 1.30.060, 2.52.010, 2.52.020, 2.52.030, 2.52.035, 2.52.040, 2.52.050, 18.145.060, 27.34.300, 27.60.010, 27.60.020, 27.60.030, 27.60.040, 27.60.050, 27.60.070, 27.60.090, 27.60.900, 28B.80.550, 28B.80.555, 39.19.040, 43.19.1904, 43.20A.730, 75.20.130, 75.20.140, 43.31.631, 43.52.373, 70.170.030, 70.170.040, 43.150.060, 43.17.260, 43.17.270, 43.17.280, 43.17.290, 43.17.300, 47.66.020, 47.66.050, 47.66.060, 48.22.071, 48.22.072, 70.95D.050, 70.95B.070, 70.119.080, 81.62.010, 81.62.020, 81.62.030, 81.62.040, 81.62.050, 81.62.060, 81.62.900, 81.62.901, and 90.56.450; repealing 1994 c 232 s 27 (uncodified); repealing 1991 c 53 s 1 and 1987 c 480 s 6 (uncodified); providing effective dates; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Reams moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1107 and pass the bill as amended by the Senate.


POINT OF ORDER


             Representative Chandler: Thank you Mr. Speaker. I would request a ruling on the scope and object on the Senate amendments to Engrossed Substitute House Bill No. 1107.


SPEAKER'S RULING


             Representative Chandler, the Speaker is prepared to Rule on your Point of Order which challenges the Senate Amendment to Engrossed Substitute House Bill No. 1107 as being beyond the Scope and Object of the bill.

             The title of Engrossed Substitute House Bill No. 1107 is "AN ACT Relating to the elimination and consolidation of boards and commissions.

             The title is narrow.

             The title clearly limits the scope of the bill to the elimination and consolidation of various boards and commissions.

             The Senate Amendment would:

             (1) Direct the Department of Fish and Wildlife to establish an advisory committee to develop new provisions for hydraulic project permit conditions; and

             (2) Continue the Puget Sound Water Quality Authority for seven more years; and

             (3) Remove 128 gubernatorial appointments from existing senate confirmation requirements.

             The Amendment creates rather then eliminates another board or commission, continues rather that eliminates an agency that will sunset under existing law on June 30, 1995, and removes current Senate oversight responsibility from various appointments made by the Governor. The Amendment clearly goes beyond the scope of the title to Engrossed Substitute House Bill No. 1107.

             The Speaker finds that the Senate Amendment is beyond the scope and object of the bill.


             Representative Chandler, Your Point of Order is well taken.


MOTION


             Representative Reams moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 1107 and ask the Senate to recede therefrom. The motion was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed HOUSE BILL NO. 1425 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 5.60.060 and 1989 c 271 s 301 are each amended to read as follows:

             (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

             (2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

             (3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

             (4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

             (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

             (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

             (5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

             (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

             (b) For purposes of this section, "peer support group counselor" means a:

             (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

             (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity."


             On page 1, line 1 of the title, after "communications;" strike the remainder of the title and insert "and amending RCW 5.60.060."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary

MOTION


             Representative Sheahan moved that the House concur in the Senate amendments to House Bill No. 1425 and pass the bill as amended by the Senate.


             Representatives Sheahan and Costa spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of House Bill No. 1425 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1425, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             House Bill No. 1425, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1429 with the following amendments:


             On page 4, beginning on line 13, after "make" strike "or direct a third-party recreational vehicle inspection firm to make"


             On page 4, beginning on line 34, after "make" strike "or have a third-party recreational vehicle inspection firm make"


             On page 5, beginning on line 3, after "(5)" strike "The department may authorize use of a recognized third-party recreational vehicle inspection firm."


             On page 5, line 7, after "to" strike "direct" and insert "perform"


             On page 5, after line 7, insert the following:

             "(6) The department shall conduct a performance audit of additional industry association quality control programs utilized by self-certified manufacturers at least once every two years."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Lisk moved that the House concur in the Senate amendments to Substitute House Bill No. 1429 and pass the bill as amended by the Senate.


             Representative Lisk spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1429 as amended by the Senate.


             Representative Lisk spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1429 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1429, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1431 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 41.50.255 and 1993 sp.s. c 24 s 916 are each amended to read as follows:

             The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, or the law enforcement officers' and fire fighters' retirement system lawful obligations of the appropriate system for legal expenses and medical expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.

             The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.

             The term "medical costs" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.

             ((During the period from July 1, 1993, until June 30, 1995,)) The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in investigating fraud and collecting overpayments, including expenses incurred to review and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Recovered funds must be returned to the appropriate trust funds.


             NEW SECTION. Sec. 2. 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."


             In line 2 of the title, beginning with "amending" strike the remainder of the title and insert "amending RCW 41.50.255; providing an effective date; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Silver moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1431 and pass the bill as amended by the Senate.


             Representative Silver spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1431 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1431 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Engrossed Substitute House Bill No. 1431, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL



April 11, 1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1430 with the following amendments:

             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)) for which member and employer contributions, plus interest as required by RCW 41.50.125, have been paid under section 2 or 3 of this act;

             (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) 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 under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:

             Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before the effective date of this act, membership service may be established for the employer's former employees who are active members of the system if the member or member's former employer pays an amount equal to the employer and member contributions which would have been paid to the retirement system on account of such service to the retirement system. Payment shall be made prior to the retirement of such member.

             Payments submitted by the member under this section shall be placed in the member's individual account in the members' savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member 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.


             NEW SECTION. Sec. 3. A new section is added to chapter 41.40 RCW under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:

             (1) This section applies to the establishment of membership service with employers admitted to the retirement system after the effective date of this act.

             (2) For current employees, membership service may be established for periods of employment with an employer prior to the employer's admission into the retirement system by making the payments required by this section.

             The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include the total member and employer contributions that would have been required from the date of each current member's hire.

             (a) Option A: The employer makes all the required payments within fifteen years from the date of the employer's admission.

             (b) Option B: The employer makes a portion of the required payments and the member pays the balance. The employer shall not be required to make its payments until the member has made his or her payments. Each member shall have the option to purchase the membership service.

             (c) Option C: The member makes all of the required payments. Each member shall have the option to purchase the membership service.

             All payments under options B and C of this subsection must be completed within five years from the date of the employer's admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive membership service credit under option B or C of this subsection until all required payments have been made.

             (3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if the contributions plus interest accrued cannot be transferred to the retirement system. If the employer does not purchase the membership credit under this subsection, the member may purchase the membership service under subsection (2)(c) of this section.

             (4) A former employee who is an active member of the system and is not covered by subsection (2) of this section may establish membership service by making the required payments under subsection (2)(c) of this section prior to the retirement of the member.

             (5) All payments made by the member under this section shall be placed in the member's individual account in the members' savings fund.


             Sec. 4. RCW 41.40.062 and 1991 c 35 s 93 are each amended to read as follows:

             (1) The members 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 member 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.))


             Sec. 5. RCW 41.40.160 and 1991 c 35 s 77 are each amended to read as follows:

             (1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if he or she is an original member, all of the certified prior service.

             (2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may be hereafter acquired by a public agency as a matter of public convenience and necessity, where it is in the public interest to retain the trained personnel of such enterprise, all service to that enterprise shall, upon the acquiring public agency becoming an employer as defined in RCW 41.40.010(4) be credited on the same basis as if rendered to the said employer: PROVIDED, That this shall apply only to those employees who were in the service of the enterprise at or prior to the time of acquisition by the public agency and who remain in the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those employees who were in the service of the enterprise at the time of acquisition by the public agency and subsequently attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members achieving service credit hereunder shall be made on the same basis as set forth in RCW 41.40.045 and 41.40.048 for an employer admitted after April 1, 1949, and before the effective date of this act, and on the same basis as set forth in section 3 of this act for an employer admitted after the effective date of this act.


             NEW SECTION. Sec. 6. 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."


             On page 1, line 2 of the title, after "contributions;" strike the remainder of the title and insert "amending RCW 41.40.062 and 41.40.160; reenacting and amending RCW 41.40.010; adding new sections to chapter 41.40 RCW; and repealing RCW 41.40.045."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Carlson moved that the House concur in the Senate amendments to Substitute House Bill No. 1430 and pass the bill as amended by the Senate.


             Representative Carlson spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1430 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1430 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.

             Excused: Representative Benton - 1.


             Substitute House Bill No. 1430, as amended by the Senate, having received the constitutional majority, was declared passed.


             The Speaker called on Representative Horn to preside.


RESOLUTION


             HOUSE RESOLUTION NO. 95-4681, by Representatives Costa, Ballasiotes, Appelwick, Lambert, Cody, Ebersole, Veloria, Chappell, Kessler, Mason, Morris, Tokuda, Conway, Cole, Ogden, Sheldon, G. Fisher, Romero, Wolfe, Chopp, Ballard, Patterson, Basich, Rust, Hickel, K. Schmidt, Sommers, Robertson, R. Fisher, Sherstad, Mitchell, Hymes, Hankins, Delvin, Campbell, Smith, Skinner, Radcliff, Scott, Sheahan, Jacobsen, Dickerson, Regala, Hatfield and Kremen


             WHEREAS, One violent crime is committed in America every sixteen seconds; and

             WHEREAS, With thirty-five million Americans victimized in the United States each year, crime victims are rapidly becoming a majority; and

             WHEREAS, Crime victims play an indispensable role in bringing offenders to justice, thus preventing further violence; and

             WHEREAS, As a nation devoted to liberty and justice for all, America must plant the seeds of justice to restore and protect crime victims' rights; and

             WHEREAS, Harvesting justice over the last two decades has been accomplished in part by the millions of survivors of crime, their families, and advocates whose commitment and spirit has persevered while confronting an increasingly violent nation; and

             WHEREAS, The Washington Coalition of Crime Victim Advocates, Office of Crime Victims Advocacy, and the Crime Victims Compensation Program are joining forces with victim service providers, criminal justice officials, and concerned citizens throughout Washington and America to observe National Crime Victims' Rights Week;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives designate the week of April 23 to April 29, 1995, as Washington Crime Victims' Rights Week; and

             BE IT FURTHER RESOLVED, That the Washington State House of Representatives reaffirm a commitment to address victims' rights and criminal justice issues during 1995 Washington Victims' Rights Week and throughout the year; and

             BE IT FURTHER RESOLVED, That this official Resolution be presented to The Washington Coalition of Crime Victim Advocates on April 19, 1995.


             Representative Costa moved adoption of the resolution.


             Representatives Costa, Ballasiotes and Conway spoke in favor of adoption of the resolution.


             House Resolution No. 4681 was adopted.


SENATE AMENDMENTS TO HOUSE BILL


April 4,1995


Mr. Speaker:


             The Senate has passed SUBSTITUTE HOUSE BILL NO. 1517 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The purpose of this act is to assist community and economic development by clarifying the authority of all cities, towns, counties, and public corporations to engage in federally guaranteed "conduit financings" and to specify procedures that may be used for such conduit financings. Generally, in such a conduit financing a municipality borrows funds from the federal government or from private sources with the help of federal guarantees, without pledging the credit or tax revenues of the municipality, and then lends the proceeds for private projects that both fulfill public purposes, such as community and economic development, and provide the revenues to retire the municipal borrowings. Such conduit financings include issuance by municipalities of federally guaranteed notes under section 108 of the housing and community development act of 1974, as amended, to finance projects eligible under federal community development block grant regulations.


             Sec. 2. RCW 35.21.735 and 1985 c 332 s 3 are each amended to read as follows:

             (1) The legislature hereby declares that carrying out the purposes of federal grants or programs is both a public purpose and an appropriate function for ((such)) a city, town, county, or public corporation. The provisions of RCW 35.21.730 through 35.21.755 and RCW 35.21.660 and 35.21.670 and the enabling authority herein conferred to implement these provisions shall be construed to accomplish the purposes of RCW 35.21.730 through 35.21.755.

             (2) All cities, towns ((and)), counties, and public corporations shall have the power and authority to enter into agreements with the United States or any agency or department thereof, or any agency of the state government or its political subdivisions, and pursuant to such agreements may receive and expend, or cause to be received and expended by a custodian or trustee, federal or private funds for any lawful public purpose. Pursuant to any such agreement, a city, town, county, or public corporation may issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise secured by funds or other instruments provided by or through the federal government or by the federal government or an agency or instrumentality thereof under section 108 of the housing and community development act of 1974 (42 U.S.C. Sec. 5308), as amended, or its successor, and may agree to repay and reimburse for any liability thereon any guarantor of any such bonds, notes, or other evidences of indebtedness issued by such jurisdiction or public corporation, or issued by any other public entity. For purposes of this subsection federal housing mortgage insurance shall not constitute a federal guarantee or security.

             (3) A city, town, county, or public corporation may pledge, as security for any such bonds, notes, or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor thereof, its right, title, and interest in and to any or all of the following: (a) Any federal grants or payments received or that may be received in the future; (b) any of the following that may be obtained directly or indirectly from the use of any federal or private funds received as authorized in this section: (i) Property and interests therein, and (ii) revenues; (c) any payments received or owing from any person resulting from the lending of any federal or private funds received as authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any securities or investments in which (a), (b), or (c) of this subsection or proceeds thereof may be invested; (e) any interest or other earnings on (a), (b), (c), or (d) of this subsection.

             (4) A city, town, county, or public corporation may establish one or more special funds relating to any or all of the sources listed in subsection (3)(a) through (e) of this section and pay or cause to be paid from such fund the principal, interest, premium if any, and other amounts payable on any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or cause to be paid any amounts owing on any obligations for repayment or reimbursement of guarantors of any such bonds, notes, or other evidences of indebtedness. A city, town, county, or public corporation may contract with a financial institution either to act as trustee or custodian to receive, administer, and expend any federal or private funds, or to collect, administer, and make payments from any special fund as authorized under this section, or both, and to perform other duties and functions in connection with the transactions authorized under this section. If the bonds, notes, or other evidences of indebtedness and related agreements comply with subsection (6) of this section, then any such funds held by any such trustee or custodian, or by a public corporation, shall not constitute public moneys or funds of any city, town, or county and at all times shall be kept segregated and set apart from other funds.

             (5) For purposes of this section, "lawful public purpose" includes, without limitation, any use of funds, including loans thereof to public or private parties, authorized by the agreements with the United States or any department or agency thereof under which federal or private funds are obtained, or authorized under the federal laws and regulations pertinent to such agreements.

             (6) If any such federal or private funds are loaned or granted to any private party or used to guarantee any obligations of any private party, then any bonds, notes, other evidences of indebtedness issued or entered into for the purpose of receiving or causing the receipt of such federal or private funds, and any agreements to repay or reimburse guarantors, shall not be obligations of any city, town, or county and shall be payable only from a special fund as authorized in this section or from any of the security pledged pursuant to the authority of this section, or both. Any bonds, notes, or other evidences of indebtedness to which this subsection applies shall contain a recital to the effect that they are not obligations of the city, town, or county or the state of Washington and that neither the faith and credit nor the taxing power of the state or any municipal corporation or subdivision of the state or any agency of any of the foregoing, is pledged to the payment of principal, interest, or premium, if any, thereon. Any bonds, notes, other evidences of indebtedness, or other obligations to which this subsection applies shall not be included in any computation for purposes of limitations on indebtedness. To the extent expressly agreed in writing by a city, town, county, or public corporation, this subsection shall not apply to bonds, notes, or other evidences of indebtedness issued for, or obligations incurred for, the necessary support of the poor and infirm by that city, town, county, or public corporation.

             (7) Any bonds, notes, or other evidences of indebtedness issued by, or reimbursement obligations incurred by, a city, town, county, or public corporation consistent with the provisions of this section but prior to the effective date of this section, and any loans or pledges made by a city, town, or county in connection therewith substantially consistent with the provisions of this section but prior to the effective date of this section, are deemed authorized and shall not be held void, voidable, or invalid due to any lack of authority under the laws of this state.


             NEW SECTION. Sec. 3. 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. 4. The authority granted by this act is additional and supplemental to any other authority of any city, town, county, or public corporation. Nothing in this act may be construed to imply that any of the power or authority granted hereby was not available to any city, town, county, or public corporation under prior law. Any previous actions consistent with the provisions of this act are ratified and confirmed.


             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 "governments;" strike the remainder of the title and insert "amending RCW 35.21.735; creating new sections; and declaring an emergency."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Sehlin moved that the House concur in the Senate amendments to Substitute House Bill No. 1517 and pass the bill as amended by the Senate.


             Representatives Sehlin and Ogden spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1517 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1517 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

             Voting nay: Representatives Honeyford and Lisk - 2.

             Excused: Representatives Benton and Fisher, G. - 2.


             Substitute House Bill No. 1517, as amended by the Senate, having received the constitutional majority, was declared passed.


STATEMENTS FOR THE JOURNAL


             I intended to vote YEA on Substitute House Bill No. 1517.


JIM HONEYFORD, 15th District


             I intended to vote NAY on Substitute House Bill No. 1517.


STEVE HARGROVE, 23rd District


SENATE AMENDMENTS TO HOUSE BILL


April 14, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1518 with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that if students are to succeed in an increasingly competitive economy, they will need to be taught by teachers who are aware of the technological innovations and changes that are occurring throughout business, industry, and government. Having teachers who are more aware of these changes will lead to improvements in curriculum and instruction, thereby making public schools more relevant to the future career and personal needs of our students.


             Sec. 2. RCW 28A.415.020 and 1990 c 33 s 415 are each amended to read as follows:

             (1) Certificated personnel shall receive for each ten clock hours of approved in-service training attended the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee.

             (2) Certificated personnel shall receive for each ten clock hours of approved continuing education earned, as continuing education is defined by rule adopted by the state board of education, the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee.

             (3) Certificated personnel shall receive for each forty clock hours of participation in an approved internship with a business, an industry, or government, as an internship is defined by rule of the state board of education in accordance with section 3 of this act, the equivalent of a one credit college quarter course on the salary schedule developed by the legislative evaluation and accountability program committee.

             (4) An approved in-service training program shall be a program approved by a school district board of directors, which meet standards adopted by the state board of education, and the development of said program has been participated in by an in-service training task force whose membership is the same as provided under RCW 28A.415.040, or a program offered by an education agency approved to provide in-service for the purposes of continuing education as provided for under rules adopted by the state board of education, or both.

             (((4))) (5) Clock hours eligible for application to the salary schedule developed by the legislative evaluation and accountability program committee as described in subsections (1) and (2) of this section, shall be those hours acquired after August 31, 1987. Clock hours eligible for application to the salary schedule as described in subsection (3) of this section shall be those hours acquired after December 31, 1995.


             NEW SECTION. Sec. 3. A new section is added to chapter 28A.415 RCW to read as follows:

             The state board of education shall establish rules for awarding clock hours for participation of certificated personnel in internships with business, industry, or government. To receive clock hours for an internship, the individual must demonstrate that the internship will provide beneficial skills and knowledge in an area directly related to his or her current assignment, or to his or her assignment for the following school year. An individual may not receive more than the equivalent of two college quarter credits for internships during a calendar-year period. The total number of credits for internships that an individual may earn to advance on the salary schedule developed by the legislative evaluation and accountability program committee or its successor agency is limited to the equivalent of fifteen college quarter credits.


             NEW SECTION. Sec. 4. The legislative office on performance audit and fiscal analysis shall conduct an evaluation, by December 15, 1997, of internship credits granted to teachers to advance on the salary schedule as provided in section 2 of this act. This evaluation shall compare the efficacy of internship, in-service, and academic credits as recognized in the state salary allocation schedule in the omnibus appropriations act, in improving teacher effectiveness and productivity."


             On page 1, line 1 of the title, after "teachers;" strike the remainder of the title and insert "amending RCW 28A.415.020; adding a new section to chapter 28A.415 RCW; and creating new sections."


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


             Representative Brumsickle moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1518 and pass the bill as amended by the Senate.


             Representatives Brumsickle and Cole spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1518 as amended by the Senate.


             Representative Thompson spoke in favor of passage of the bill.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1518 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.

             Excused: Representatives Benton and Fisher, G. - 2.


             Engrossed Substitute House Bill No. 1518, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 10, 1995


Mr. Speaker:


             The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1557, with the following amendments:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. The payment of kickbacks, bribes, or rebates for referrals to service providers, as has been occurring with increasing regularity in this state, results in inflated or fraudulent insurance claims, results in greater insurance costs for all citizens, and is contrary to the public interest. In particular, the process whereby "cappers" buy and sell insurance claims without the controls of professional licensing and discipline creates a fertile ground for illegal activity and has, in this state, resulted in frauds committed against injured claimants, insurance companies, and the public. Operations that engage in this practice have some or all of the following characteristics: Cappers, acting under an agreement or understanding that they will receive a pecuniary benefit, refer claimants with real or imaginary claims, injuries, or property damage to service providers. This sets off a chain of events that corrupts both the provision of services and casualty or property insurance for all citizens. This chain of events includes false claims for services through the use of false estimates of repair; false prescriptions of care or rehabilitative therapy; services that either do not occur or are provided by persons unqualified to provide the services; submission of false claims; submission of and demands for fraudulent costs, lost wages, pain and suffering, and the like; and other devices meant to result in false claims under casualty or property insurance policies or contracts, whether insured or self-insured, and either directly or through subrogation.

             The legislature finds that combatting these practices requires laws carefully fashioned to identify practices that mimic customary business practices. The legislature does not intend this law to be used against medical and other business referral practices that are otherwise legal, customary, and unrelated to the furtherance of some or all of the corrupt practices identified in this chapter.


             NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter unless the context clearly indicates otherwise.

             (1) "Casualty or property insurance" includes both the insurance under which a claim is filed and insurance that receives a claim through subrogation, and means insurance as defined in RCW 48.11.040 and 48.11.070 and includes self-insurance arrangements.

             (2) "Claimant" means a person who has or is believed by an actor to have an insurance claim.

             (3) "Group-buying arrangement" means an arrangement made by a membership organization having one hundred or more members in which the organization asks for or receives valuable consideration in exchange for referring its members to a service provider; the consideration asked for or received will be or is used to benefit the entire organization, not just one or more individuals in positions of power or influence in the organization; and reasonable efforts are made to disclose to affected members of the organization the nature of the referral relationship, including the nature, extent, amount, and use of the consideration.

             (4) "Health care services" means a service provided to a claimant for treatment of physical or mental illness or injury arising in whole or substantial part from trauma.

             (5) "Insurance claim" means a claim for payment, benefits, or damages under a contract, plan, or policy of casualty or property insurance.

             (6) "Legal provider" means an active member in good standing of the Washington state bar association, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law.

             (7) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.

             (8) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.

             (9) "Trauma" means a physical injury or wound caused by external force or violence.


             NEW SECTION. Sec. 3. (1) It is unlawful for a person:

             (a) Knowing that the payment is for the referral of a claimant to a service provider, either to accept payment from a service provider or, being a service provider, to pay another; or

             (b) To provide or claim or represent to have provided services to a claimant, knowing the claimant was referred in violation of (a) of this subsection.

             (2) It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give, or pay all or any part of a claimant's casualty or property insurance deductible.


             NEW SECTION. Sec. 4. In a proceeding under this chapter, it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense:

             (1) The conduct alleged was authorized by the Rules of Professional Conduct or the Admission to Practice Rules for lawyers as adopted by the state supreme court, Washington business and professions licensing statutes, or rules adopted by the secretary of health or the director of licensing;

             (2) The payment was an incidental nonmonetary gift or gratuity, or was purely social in nature;

             (3) The conduct alleged was an exercise of a group-buying arrangement;

             (4) The conduct alleged was a legal provider paying a service provider's bills from the proceeds of an insurance claim that included the bills;

             (5) The conduct alleged was a legal provider paying for services of an expert witness, including reports, consultation, and testimony; or

             (6) The conduct alleged was a service provider's purchase of advertising from an unrelated business that provides referrals from advertising for groups of ten or more service providers that are not related to the advertising business and not related to each other.


             NEW SECTION. Sec. 5. A violation of section 3 of this act constitutes trafficking in insurance claims. A single violation is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.


             NEW SECTION. Sec. 6. Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this section is a preponderance of the evidence. An action under this section must be brought within three years after the violation of this chapter occurred.


             NEW SECTION. Sec. 7. Whenever a service provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under section 6 of this act, the attorney general or the prosecuting attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.


             NEW SECTION. Sec. 8. A violation of this chapter is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this chapter is unprofessional conduct in violation of RCW 18.130.180.


             NEW SECTION. Sec. 9. Each insurer licensed to write direct insurance in this state shall institute and maintain an insurance antifraud plan. An insurer licensed on the effective date of this act shall file its antifraud plan with the insurance commissioner no later than December 31, 1995. An insurer licensed after the effective date of this act shall file its antifraud plan within six months of licensure. An insurer shall file any change to the antifraud plan with the insurance commissioner within thirty days after the plan has been modified.


             NEW SECTION. Sec. 10. An insurer's antifraud plan must establish specific procedures to:

             (1) Prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud;

             (2) Review claims in order to detect evidence of possible insurance fraud and to investigate claims where fraud is suspected;

             (3) Report fraud to appropriate law enforcement agencies and cooperate with those agencies in their prosecution of fraud cases;

             (4) Undertake civil actions against persons who have engaged in fraudulent activities;

             (5) Train company employees and agents in the detection and prevention of fraud.


             NEW SECTION. Sec. 11. If after review of an insurer's antifraud plan, the commissioner finds that the plan does not comply with section 10 of this act, the commissioner may disapprove the antifraud plan. Notice of disapproval must include a statement of the specific reasons for disapproval. The insurer shall refile a plan disapproved by the commissioner within sixty days of the date of the notice of disapproval. The commissioner may audit insurers to ensure compliance with antifraud plans.


             NEW SECTION. Sec. 12. Each insurer shall annually provide to the insurance commissioner a summary report on actions taken under its antifraud plan to prevent and combat insurance fraud. The report must also include, but not be limited to, measures taken to protect and ensure the integrity of electronic data-processing-generated data and manually compiled data, statistical data on the amount of resources committed to combating fraud, and the amount of fraud identified and recovered during the reporting period. The antifraud plans and summary of the insurer's antifraud activities are not public records and are exempt from chapter 42.17 RCW, are proprietary, are not subject to public examination, and are not discoverable or admissible in civil litigation.


             NEW SECTION. Sec. 13. An insurer that fails to file a timely antifraud plan or who does not make a good faith attempt to file an antifraud plan that complies with section 10 of this act, is subject to the penalty provisions of RCW 48.01.080, but no penalty may be imposed for the first filing made by an insurer under this chapter. An insurer that fails to follow the antifraud plan is subject to a civil penalty not to exceed ten thousand dollars for each violation, at the discretion of the commissioner after consideration of all relevant factors, including the willfulness of the violation.


             NEW SECTION. Sec. 14. It is the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.


             NEW SECTION. Sec. 15. A new section is added to chapter 42.17 RCW to read as follows:

             Information provided under sections 9 through 12 of this act are exempt from disclosure under this chapter.


             Sec. 16. RCW 48.01.030 and 1947 c 79 s .01.03 are each amended to read as follows:

             The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, their providers, and their representatives rests the duty of preserving inviolate the integrity of insurance.


             Sec. 17. RCW 48.18.460 and 1949 c 190 s 26 are each amended to read as follows:

             An insurer shall furnish, upon ((written)) request of any person claiming to have a loss under any insurance contract, forms of proof of loss for completion by such person. But such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion. If a person makes a claim under a policy of insurance, the insurer may require that the person be examined under an oath administered by a person authorized by state or federal law to administer oaths.


             Sec. 18. RCW 48.30.210 and 1990 1st ex.s. c 3 s 10 are each amended to read as follows:

             ((Any agent, solicitor, broker, examining physician or other)) A person who knowingly makes a false or ((fraudulent)) misleading statement or ((representation)) impersonation, or who willfully fails to reveal a material fact, in or relative to an application for insurance ((in)) to an insurer ((transacting insurance under the provisions of this code, shall be)), is guilty of a gross misdemeanor, and the license of any such ((agent, solicitor, or broker who makes such a statement or representation)) person may be revoked.


             Sec. 19. RCW 48.30.220 and 1965 ex.s. c 70 s 25 are each amended to read as follows:

             Any person, who, with intent to defraud or prejudice the insurer thereof, ((wilfully)) burns or in any manner injures, destroys, secretes, abandons, or disposes of any property which is insured at the time against loss or damage by fire, theft, ((or)) embezzlement, or ((by)) any other casualty, whether the same be the property of or in the possession of such person or any other person, under ((such)) circumstances not making the offense arson in the first degree, is guilty of a class C felony.


             Sec. 20. RCW 48.50.010 and 1979 ex.s. c 80 s 1 are each amended to read as follows:

             This chapter shall be known and may be cited as the ((Arson)) Insurance Fraud Reporting Immunity Act.


             Sec. 21. RCW 48.50.020 and 1986 c 266 s 77 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) "Authorized agency" means a public agency or its official representative having legal authority to investigate criminal activity or the cause of a fire ((and)) or to initiate criminal proceedings ((or further investigations if the cause was not accidental)), including the following persons and agencies:

             (a) The ((director)) department of community, trade, and economic development and the director of fire protection;

             (b) The prosecuting attorney of the county where the ((fire)) criminal activity occurred;

             (c) State, county, and local law enforcement agencies;

             (d) The state attorney general((, when engaged in a prosecution which is or may be connected with the fire));

             (((d))) (e) The Federal Bureau of Investigation, or any other federal law enforcement agency; ((and

             (e))) (f) The United States attorney's office ((when authorized or charged with investigation or prosecution concerning the fire)); and

             (g) The office of the insurance commissioner.

             (2) "Insurer" means any insurer, as defined in RCW 48.01.050((, which insures against loss by fire, and includes insurers under the Washington F.A.I.R. plan)) and any self-insurer.

             (3) "Relevant information" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of criminal activity or the cause of any fire more probable or less probable than it would be without the information.


             Sec. 22. RCW 48.50.030 and 1979 ex.s. c 80 s 3 are each amended to read as follows:

             (1) Any authorized agency may request, in writing, that an insurer release to the agency any or all relevant information or evidence which the insurer may have in its possession relating to ((a particular fire loss)) criminal activity, if such information or evidence is deemed important by the agency in its discretion.

             (2) An insurer who has reason to believe that a person participated or is participating in criminal activity relating to a contract of insurance may report relevant information to an authorized agency.

             (3) The information ((requested)) provided to an authorized agency under this section may include, without limitation:

             (a) Pertinent insurance policy information relating to a ((fire loss)) claim under investigation and any application for such a policy;

             (b) Policy premium payment records which are available;

             (c) History of previous claims ((made by the insured)) in which the person was involved; and

             (d) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence found in the investigation.

             (((2) An)) (4) The insurer receiving a request under subsection (1) of this section shall furnish all relevant information requested to the agency within a reasonable time, orally or in writing((, all relevant information requested)).


             Sec. 23. RCW 48.50.040 and 1986 c 266 s 91 are each amended to read as follows:

             (1) When an insurer has reason to believe that a fire loss reported to the insurer may be of other than accidental cause, the insurer shall notify the ((director)) department of community, trade, and economic development, through the director of fire protection, in the manner prescribed under RCW 48.05.320 concerning the circumstances of the fire loss, including any and all relevant material developed from the insurer's inquiry into the fire loss.

             (2) Notification of the ((director)) department of community, trade, and economic development, through the director of fire protection, under subsection (1) of this section does not relieve the insurer of the duty to respond to a request for information from any other authorized agency and does not bar an insurer from other reporting under RCW 48.50.030(2).


             Sec. 24. RCW 48.50.075 and 1981 c 320 s 2 are each amended to read as follows:

             In denying a claim ((resulting from a fire)), an insurer who relies upon a written opinion from an authorized agency specifically enumerated in (((a) through (e) of)) RCW 48.50.020(1) (a) through (g) that ((the fire was caused by arson)) criminal activity that is related to that claim is being investigated, or a crime has been charged, and that the ((insured was responsible for the fire, shall not be)) claimant is a target of the investigation or has been charged with a crime, is not liable for bad faith or other noncontractual theory of damages as a result of this reliance.

             Immunity under this section shall exist only so long as the incident for which the ((insured)) claimant may be responsible is under active investigation or prosecution, or the authorized agency states its position that the claim includes or is a result of ((arson for)) criminal activity in which the ((insured)) claimant was ((responsible)) a participant.


             Sec. 25. RCW 48.80.020 and 1986 c 243 s 2 are each amended to read as follows:

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

             (1) "Claim" means any attempt to cause a health care payer to make a health care payment.

             (2) "Deceptive" means presenting a claim to a health care payer that contains a statement of fact or fails to reveal a material fact, leading the health care payer to believe that the represented or suggested state of affairs is other than it actually is. For the purposes of this chapter, the determination of what constitutes a material fact is a question of law to be resolved by the court.

             (3) "False" means wholly or partially untrue or deceptive.

             (4) "Health care payment" means a payment for health care services or the right under a contract, certificate, or policy of insurance to have a payment made by a health care payer for a specified health care service.

             (5) "Health care payer" means any insurance company authorized to provide health insurance in this state, any health care service contractor authorized under chapter 48.44 RCW, any health maintenance organization authorized under chapter 48.46 RCW, any legal entity which is self-insured and providing health care benefits to its employees, ((or)) and any insurer or other person responsible for paying for health care services.

             (6) "Person" means an individual, corporation, partnership, association, or other legal entity.

             (7) "Provider" means any person lawfully licensed or authorized to render any health service.


             Sec. 26. RCW 2.48.180 and 1989 c 117 s 13 are each amended to read as follows:

             ((Any person who, not being an active member of the state bar, or who after he has been disbarred or while suspended from membership in the state bar, as by this chapter provided, shall))

             (1) As used in this section:

             (a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law;

             (b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the state bar, including persons who are disbarred or suspended from membership;

             (c) "Ownership interest" means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest.

             (2) The following constitutes unlawful practice of law:

             (a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law((, shall, except as provided in RCW 19.154.100, be guilty of a misdemeanor: PROVIDED, HOWEVER, Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive relief or to punish as for contempt));

             (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business;

             (c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law;

             (d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or

             (e) A nonlawyer shares legal fees with a legal provider.

             (3) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.

             (4) Nothing contained in this section affects the power of the courts to grant injunctive or other equitable relief or to punish as for contempt.

             (5) Whenever a legal provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under this section, the plaintiff's attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.

             (6) A violation of this section is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of RCW 18.130.180.

             (7) In a proceeding under this section it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense, the conduct alleged was authorized by the Rules of Professional Conduct or the Admission to Practice Rules, or Washington business and professions licensing statutes or rules.

             (8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection must be brought within three years after the violation of this chapter occurred.


             Sec. 27. RCW 9.12.010 and 1915 c 165 s 1 are each amended to read as follows:

             Every person who ((shall)) brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant ((therein; and every person, being an attorney or counselor at law, who shall personally, or through the agency of another, solicit employment as such attorney, in any suit pending or prospective, or, with intent to obtain such employment shall, directly or indirectly, loan any money or give or promise to give any money, property or other consideration to the person from whom such employment is sought; and every person who shall)) in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process ((shall be)), is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.


             Sec. 28. 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             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)

                          Commercial Bribery (section 29 of this act)

                          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)