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ONE HUNDRED-FIFTH DAY


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AFTERNOON SESSION


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Senate Chamber, Olympia, Sunday, April 23, 1995

      The Senate was called to order at 1:00 p.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Ann Anderson, Cal Anderson, Bauer, Drew, Hargrove, Hochstatter, McCaslin, Prentice and Winsley. On motion of Senator Loveland, Senators Cal Anderson, Bauer, Drew and Prentice were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Joseph Cantu and Brian Davis, presented the Colors. President Pritchard offered the prayer.


MOTION


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


REPORT OF STANDING COMMITTEE


April 22, 1995

HCR 4407          Prime Sponsor, Representative Chandler: Establishing a task force on agricultural safety standards. Reported by Committee on Agriculture and Agricultural Trade and Development


      MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Bauer, Morton, Newhouse and Snyder.


      Passed to Committee on Rules for second reading.


MESSAGES FROM THE HOUSE


April 22, 1995

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1140,

      SUBSTITUTE HOUSE BILL NO. 1152,

      SUBSTITUTE HOUSE BILL NO. 1205,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298,

      SUBSTITUTE HOUSE BILL NO. 1401,

      SUBSTITUTE HOUSE BILL NO. 1547,

      SUBSTITUTE HOUSE BILL NO. 1658,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810,

      SUBSTITUTE HOUSE BILL NO. 1865,

      ENGROSSED HOUSE BILL NO. 1889,

      SUBSTITUTE HOUSE BILL NO. 1906,

      SUBSTITUTE HOUSE BILL NO. 1995,

      ENGROSSED HOUSE BILL NO. 2005,

      SUBSTITUTE HOUSE BILL NO. 2058, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 22, 1995

MR. PRESIDENT:

      The Speaker has signed:

      SECOND SUBSTITUTE SENATE BILL NO. 5003,

      SUBSTITUTE SENATE BILL NO. 5092,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,

      SUBSTITUTE SENATE BILL NO. 5155,

      SECOND SUBSTITUTE SENATE BILL NO. 5157,

      SUBSTITUTE SENATE BILL NO. 5162,

      SUBSTITUTE SENATE BILL NO. 5315,

      SUBSTITUTE SENATE BILL NO. 5374,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5386,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5616, and he same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 22, 1995

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5567, and has passed the bill without said amendment(s), and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 22, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941, and has passed the bill as recommended by the Conference Committee.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, and has passed the bill as recommended by the Conference Committee.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6072             by Senator Deccio

 

AN ACT Relating to the swift and certain punishment of individuals convicted of committing a terrorist act that results in the death of an innocent person; amending RCW 9A.32.030, 9A.32.050, 10.95.020, and 10.95.030; adding a new section to chapter 9A.32 RCW; adding new sections to chapter 10.95 RCW; creating new sections; and declaring an emergency.

 

Referred to Committee on Law and Justice.


MOTION


      On motion of Senator Roach, the remarks on the final passage of Initiative 164 on the one-hundredth day, April 18, 1995, and Initiative 159 on the one hundred-second day, April 20, 1995, will be spread upon the Journal.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5119,

      SUBSTITUTE SENATE BILL NO. 5567,

      SENATE BILL NO. 5677.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1140,

      SUBSTITUTE HOUSE BILL NO. 1152,

      SUBSTITUTE HOUSE BILL NO. 1205,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298,

      SUBSTITUTE HOUSE BILL NO. 1401,

      SUBSTITUTE HOUSE BILL NO. 1547,

      SUBSTITUTE HOUSE BILL NO. 1658,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810,

      SUBSTITUTE HOUSE BILL NO. 1865,

      ENGROSSED HOUSE BILL NO. 1889,

      SUBSTITUTE HOUSE BILL NO. 1906,

      SUBSTITUTE HOUSE BILL NO. 1995,

      ENGROSSED HOUSE BILL NO. 2005,

      SUBSTITUTE HOUSE BILL NO. 2058.


MOTION


      On motion of Senator Gaspard, the following resolution was adopted:


SENATE RESOLUTION 1995-8658


By Senators Gaspard, Haugen, McDonald, Sutherland, Wojahn, Roach, Kohl, A. Anderson, C. Anderson, Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, West, Winsley and Wood


      WHEREAS, President Clinton has declared April 23, 1995, to be a national day of mourning after the terrorist bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, which shocked and saddened the entire nation; and

      WHEREAS, Our thoughts and deepest sympathies go out to the victims of this terrible tragedy and their families; and

      WHEREAS, We pray for the immediate rescue of any survivors still trapped at the site of this terrible tragedy, as well as the swift recovery of all those injured; and

      WHEREAS, We owe an immeasurable debt of gratitude to the firefighters, police, and rescue workers who have risked their own lives to search for and save victims of the bombing; and

      WHEREAS, We are proud and grateful for the outstanding investigative work of local, state, and federal law enforcement officers; and

      WHEREAS, This tragedy is the result of an act of evil, and the work of cowards; and

      WHEREAS, Along with the citizens of Oklahoma, we refuse to allow evil cowards to diminish the spirit of people who live in a country where freedom of speech and civil rights are guaranteed and protected; and

      WHEREAS, We will not tolerate such brutal acts of terrorism and wanton disregard for human life; and

      WHEREAS, We must do everything within our power and resources to make sure our citizens and workers are as safe as possible from random acts of violence;

      NOW, THEREFORE, BE IT RESOLVED, That on behalf of the people of the state of Washington, the Washington State Senate takes this moment to offer prayers and condolences to the victims of the terrorist bombing, their families, and everyone whose lives have been touched by this unspeakable tragedy; and

      BE IT FURTHER RESOLVED, That copies of this resolution be transmitted to the Honorable Frank Keating, Governor of the state of Oklahoma, to the Oklahoma State Legislature, and to the Honorable Ron Norrick, Mayor of Oklahoma City.


MOMENT OF SILENCE


      At the request of Senator Gaspard, the Senate stood for a moment of silence in memory of the victims of the terrorist bombing, their families, and anyone touched by this tragedy in Oklahoma City, Oklahoma.


      There being no objection, the President reverted the Senate to the sixth order of business.

 

MOTION


      On motion of Senator Owen, Gubernatorial Appointment No. 9113, Benjamin L. Watson, as a member of the Board of Pilotage Commissioners, was confirmed.


APPOINTMENT OF BENJAMIN L. WATSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 5; Excused, 4.

      Voting yea: Senators Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Wojahn and Wood - 40.

      Absent: Senators Anderson, A., Hargrove, Hochstatter, McCaslin and Winsley - 5.

      Excused: Senators Anderson, C., Bauer, Drew and Prentice - 4.


MOTION


      On motion of Senator Spanel, the following Senate Bills, which were on the second reading calendar, were referred to the Committee on Rules: SUBSTITUTE SENATE BILL NO. 5231, SENATE BILL NO. 5248, SUBSTITUTE SENATE BILL NO. 5314, SUBSTITUTE SENATE BILL NO. 5408, SECOND SUBSTITUTE SENATE BILL NO. 5622, SECOND SUBSTITUTE SENATE BILL NO. 5935, SENATE BILL NO. 6010, SENATE BILL NO. 6023 and SUBSTITUTE SENATE BILL NO. 6051.


MOTION


      At 1:28 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 2:51 p.m. by President Pritchard.


MOTION


      On motion of Senator Spanel, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator Gaspard, the following resolution was adopted:


SENATE RESOLUTION 1995-8659


By Senators Gaspard, McDonald, Spanel and Kohl


      WHEREAS, The legislative process requires the active participation of citizens from every occupation and profession; and

      WHEREAS, Education of the state's children is the paramount duty of the state; and

      WHEREAS, Education professionals, through the Washington Education Association, have been well represented in Olympia and throughout the state by Bob Fisher; and

      WHEREAS, Bob Fisher has labored for thirty-three years in education, first as a classroom teacher, and then as a field representative and lobbyist for the Washington Education Association during the past twenty-eight years; and

      WHEREAS, Bob Fisher has served his profession and the interests of education during the terms of five different Governors and countless members of the Legislature, and has worked with various state agencies including: The Office of the Superintendent of Public Instruction, the State Board of Education, the State Patrol, Labor and Industries, the State Board for Community and Technical Colleges, the Public Disclosure Commission, and the Public Employment Relations Commission; and

      WHEREAS, Bob is well-regarded in the education community and by organizations and individuals representing school directors, parents, administrators, principals and other school employees in Olympia, where Bob was a founding member of their "Wine Cellar" group--so named because they have met for the past twenty-five years in the wine cellar of a local restaurant; and

      WHEREAS, Bob Fisher is one of Olympia's most senior lobbyists and has contributed much time and effort to the activities of the Third House, serving on the organizing committee for the Third House Message Center in 1986, and assisting in hosting various Third House functions; and

      WHEREAS, The 1995 Regular Session of the Fifty-Fourth Legislature will be Bob Fisher's last regular session before his retirement on August 31, 1995;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington hereby honors Bob Fisher for his many years of service and tireless effort on behalf of quality education for children in Washington's public schools and the rights of school district and community college employees; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Bob Fisher confirming his new status as Lobbyist Emeritus with warm wishes for a well-deserved retirement from public service.


      Senators Gaspard, Pelz and McDonald spoke to Senate Resolution 1995-8659.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Bob Fisher, who was seated in the gallery.


MOTION


      On motion of Senator Wood, the following resolution was adopted:


SENATE RESOLUTION 1995-8655


By Senators Wood, Roach, Wojahn, Bauer, Rasmussen, Fairley, Kohl, Johnson, Fraser, A. Anderson, Hale, Deccio, Prince, Winsley, McCaslin and Finkbeiner


      WHEREAS, A good credit record is an important part of an individual's financial security and a stepping stone to a sound financial future; and

      WHEREAS, Young people in particular need to learn how to use and not abuse credit in our complex economic world and that credit is a responsibility, as well as a tool that may be used to enhance an individual's standard of living; and

      WHEREAS, A broader understanding by the public of the benefits and responsibilities associated with installment purchases contributes to a vital consumer economy; and

      WHEREAS, Access to loans, charge accounts and credit cards helps stimulate commerce and promotes job creation; and

      WHEREAS, Consumer organizations across the state and nation seek to promote sound business practices that lead to the responsible extension of consumer credit; and

      WHEREAS, The unprecedented number of bankruptcy filings in recent years is evidence that many consumers are not sufficiently knowledgeable regarding the basic skills of budgeting and the prudent use of credit; and

      WHEREAS, Members of the Washington State Business Community including: retail stores, service organizations, and financial institutions observe National Credit Education Week to promote the responsible use of consumer credit; and

      WHEREAS, Private enterprise recognizes the importance of educating the public on the wise use of credit, and involves the credit industry, schools, credit-related businesses, consumer organizations and the media one week each year to better educate the nation about the benefits of personal credit;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington join with the many institutions of free enterprise that depend on the prudent use of credit and the prompt discharge of credit obligations, to declare the week of April 23-29 as Credit Education Week in the state of Washington.

 

SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5169,

      SENATE BILL NO. 5990.


MOTION


      On motion of Senator Loveland, Senator Sheldon was excused.


MOTION


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


MESSAGE FROM THE HOUSE

April 20, 1995

MR. PRESIDENT:

      The House does not concur in the Senate amendment(s) to HOUSE BILL NO. 1359 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

      MOTION


      On motion of Senator Snyder, the Senate receded from the Senate amendment(s) to House Bill No. 1359.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1359, without the Senate amendment(s).


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1359, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Absent: Senators Hochstatter, McAuliffe and McCaslin - 3.

      Excused: Senators Anderson, C. and Sheldon - 2.

       HOUSE BILL NO. 1359, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MESSAGE FROM THE HOUSE

April 22, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1461 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Owen, the Senate receded from the Senate Committee on Transportation amendment(s) to Engrossed House Bill No. 1461.


MOTIONS


      On motion of Senator Owen, the rules were suspended, Engrossed House Bill No. 1461 was returned to second reading and read the second time.

      Senator Owen moved that the following amendments by Senators Owen and Prince be considered simultaneously and be adopted:

      On page 2, line 16, strike "twenty-four hours" and insert "((twenty-four hours)) five days"

      On page 3, beginning on line 20, strike "((five)) seven hundred" and insert "((five hundred)) one thousand"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Owen and Prince to Engrossed House Bill No. 1461.

      The motion by Senator Owen carried and the amendments were adopted.


MOTION


      On motion of Senator Wood, Senators Hochstatter and McCaslin were excused.


MOTION


      On motion of Senator Owen, the rules were suspended, Engrossed House Bill No. 1461, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1461, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 1461, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hochstatter and McCaslin - 3.

      ENGROSSED HOUSE BILL NO. 1461, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 11, 1995

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5652 with the following amendment(s):

      On page 1, strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that those individuals who abuse and defraud the welfare system not only steal scarce resources, but also perpetuate myths about people on public assistance. The taxpayers of this state have limited resources with which to help those in need and it is imperative that the legislature use its authority to ensure that those resources are assisting the truly needy.

      To protect the integrity of the welfare system the legislature must put into place mechanisms that guard against abuse. The message must be sent that we will not tolerate welfare fraud.

      People who are caught abusing public trust by defrauding the welfare system should be punished and not allowed to receive public assistance.

      Sec. 2. RCW 74.08.290 and 1959 c 26 s 74.08.290 are each amended to read as follows:

      (1) The department is hereby authorized to suspend temporarily the public assistance granted to any person for any period during which such person is not in need thereof.

      (2) If a recipient is convicted of any crime or offense, and punished by imprisonment, no payment shall be made during the period of imprisonment.

      (3)(a) If an applicant for or recipient of public assistance intentionally provides a false or misleading statement or commits an act which statement or act is designed to misrepresent, conceal, or withhold facts for the purpose of establishing or maintaining eligibility for public assistance or for the purpose of increasing, or preventing a reduction in, the amount of a grant, then, the applicant or recipient shall be considered in violation of this subsection (3)(a) and shall be subject to the penalties provided in (b) of this subsection.

      (b) An individual who is found to have committed a violation of (a) of this subsection by a state administrative law judge or by a state court or federal court shall be ineligible for continued public assistance for the following periods:

      (i) Six months for the first violation;

      (ii) Twelve months for the second violation; and

      (iii) Permanently for the third violation.

For the purpose of applying these penalties, numerous violations on a single application, or in a single statement, made by an individual shall count as one violation.

      Sec. 3. RCW 74.04.062 and 1973 c 152 s 2 are each amended to read as follows:

      Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer the current address and location of the person properly described in the warrant. However, this rule does not restrict in any manner whatsoever the disclosure of address and location information by the department pursuant to its implementation of the federal "systematic alien verification for entitlements" program or pursuant to section 4 of this act.

      NEW SECTION. Sec. 4. A new section is added to chapter 74.08 RCW to read as follows:

      The department shall implement the federal "systematic alien verification for entitlements" program, the "SAVE" program. The department shall:

      (a) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status;

      (b) Post at every community service office a sign letting applicants and recipients know that illegal aliens will be reported to the United States immigration and naturalization service and that the systematic alien verification for entitlements system is in use in the office; and

      (c) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.

      NEW SECTION. Sec. 5. The department shall have the SAVE program in full force and effect by September 30, 1995, and report to the fiscal committees of the house of representatives and senate by December 1, 1995, regarding the progress of implementation and outcomes by region of the program." Correct the title, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION


      Senator Gaspard moved that the Senate refuse to concur in the House amendment to Senate Bill No. 5652 and asks the House to recede therefrom.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Gaspard to refuse to concur in the House amendment to Senate Bill No. 5652.

      The motion by Senator Gaspard carried and the Senate refused to concur in the House amendment to Senate Bill No. 5652 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 20, 1995

MR. PRESIDENT:

      The House does not concur in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1524 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Rasmussen, the Senate receded from the Senate floor amendment(s) to Second Substitute House Bill No. 1524.


MOTIONS


      On motion of Senator Rasmussen, the rules were suspended, Second Substitute House Bill No. 1524 was returned to second reading and read the second time.

      Senator Rasmussen moved that the following amendment by Senators Rasmussen and Morton be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) Except as provided in subsection (4) of this section for the initial registration of an instrument or device, no weighing or measuring instrument or device may be used for commercial purposes in the state unless its commercial use is registered annually. If its commercial use is within a city that has a city sealer and a weights and measures program as provided by RCW 19.94.280, the commercial use of the instrument or device shall be registered with the city if the city has adopted fees pursuant to subsection (2) of this section. If its commercial use is outside of such a city, the commercial use of the instrument or device shall be registered with the department.

      (2) A city with such a sealer and program may establish an annual fee for registering the commercial use of such a weighing or measuring instrument or device with the city. The annual fee shall not exceed the fee established in RCW 19.94.175 for registering the use of a similar instrument or device with the department. Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this subsection by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city.

      (3) Registrations with the department are accomplished as part of the master license system under chapter 19.02 RCW. Payment of the registration fee for a weighing or measuring instrument or device under the master license system constitutes the registration required by this section.

      (4) The fees established by or under RCW 19.94.175 for registering a weighing or measuring instrument or device shall be paid to the department of licensing concurrently with an application for a master license or with the annual renewal of a master license under chapter 19.02 RCW. A weighing or measuring instrument or device shall be initially registered with the state at the time the owner applies for a master license for a new business or at the first renewal of the license that occurs after the instrument or device is first placed into commercial use. However, the use of an instrument or device that is in commercial use on the effective date of this act shall be initially registered at the time the first renewal of the master license of the owner of the instrument or device is due following the effective date of this act. The department of licensing shall remit to the department of agriculture all fees collected under this provision less reasonable collection expenses.

      (5) Each city charging registration fees under this section shall notify the department of agriculture at the time such fees are adopted and whenever changes in the fees are adopted.

      NEW SECTION. Sec. 2. (1) Except as provided in subsection (3) of this section and RCW 19.94.190(1)(d), the department shall test and inspect each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced.

      (2) The department may issue an official seal of approval for each weighing or measuring instrument or device that has been tested and inspected and found to be correct.

      (3) Except as provided in RCW 19.94.216, this section does not apply to weighing or measuring instruments or devices located in an area of the state that is within a city that has a city sealer and a weights and measures program pursuant to RCW 19.94.280 unless the city sealer does not possess the equipment necessary to test and inspect the weighing or measuring instrument or device.

      Sec. 3. RCW 19.94.005 and 1992 c 237 s 1 are each amended to read as follows:

      The legislature finds:

      (1) The accuracy of weighing and measuring instruments and devices used in commerce in the state of Washington affects every consumer throughout the state and is of vital importance to the public interest.

      (2) Fair weights and measures are equally important to business and the consumer.

      (3) ((A continuing study of this state's weights and measures program is necessary to ensure that the program provides proper enforcement and oversight to safeguard consumers, business, and interstate commerce.

      (4))) This chapter safeguards the consuming public and ensures that businesses receive proper compensation for the commodities they deliver.

      Sec. 4. RCW 19.94.010 and 1992 c 237 s 3 are each amended to read as follows:

      (1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter.

      (a) "City" means a first class city with a population of over fifty thousand persons.

      (b) "City sealer" means the person duly authorized by a city to enforce and administer the weights and measures program within such city and any duly appointed deputy sealer acting under the instructions and at the direction of the city sealer.

      (c) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in packaged form, but on which there is marked a selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form.

      (d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by persons, or used by persons for the purpose of personal care or in the performance of services ordinarily rendered in or about a household or in connection with personal possessions.

      (e) "Cord" means the measurement of wood intended for fuel or pulp purposes that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed.

      (f) "Department" means the department of agriculture of the state of Washington.

      (g) "Director" means the director of the department or duly authorized representative acting under the instructions and at the direction of the director.

      (h) "Fish" means any waterbreathing animal, including shellfish, such as, but not limited to, lobster, clam, crab, or other mollusca that is prepared, processed, sold, or intended for sale.

      (i) "Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of such commodity. Materials, substances, or items not considered to be part of a commodity shall include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.

      (j) "Nonconsumer package" or "package of nonconsumer commodity" means a commodity in package form other than a consumer package and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.

      (k) "Meat" means and shall include all animal flesh, carcasses, or parts of animals, and shall also include fish, shellfish, game, poultry, and meat food products of every kind and character, whether fresh, frozen, cooked, cured, or processed.

      (l) "Official seal of approval" means the ((uniform)) seal or certificate issued by the director or city sealer which indicates that a secondary weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in RCW 19.94.195.

      (m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.

      (n) "Poultry" means all fowl, domestic or wild, that is prepared, processed, sold, or intended or offered for sale.

      (o) "Service agent" means a person who for hire, award, commission, or any other payment of any kind, installs, tests, inspects, checks, adjusts, repairs, reconditions, or systematically standardizes the graduations of a weighing or measuring instrument or device.

      (p) "Ton" means a unit of two thousand pounds avoirdupois weight.

      (q) "Weighing or measuring instrument or device" means any equipment or apparatus used commercially to establish the size, quantity, capacity, count, extent, area, heaviness, or measurement of quantities, things, produce, or articles for distribution or consumption, that are purchased, offered or submitted for sale, hire, or award on the basis of weight, measure or count, including any accessory attached to or used in connection with a weighing or measuring instrument or device when such accessory is so designed or installed that its operation affects, or may effect, the accuracy or indication of the device. This definition shall be strictly limited to those weighing or measuring instruments or devices governed by Handbook 44 as adopted under RCW 19.94.195.

      (r) "Weight" means net weight as defined in this section.

      (s) "Weights and measures" means the recognized standards or units of measure used to indicate the size, quantity, capacity, count, extent, area, heaviness, or measurement of any consumable commodity.

      (t) "Secondary weights and measures standard" means ((any object)) the physical standards that are traceable to the primary standards through comparisons, used by the director, a city sealer, or a service agent that under specified conditions defines or represents a recognized weight or measure during the inspection, adjustment, testing, or systematic standardization of the graduations of any weighing or measuring instrument or device.

      (2) The director shall prescribe by rule other definitions as may be necessary for the implementation of this chapter.

      Sec. 5. RCW 19.94.160 and 1992 c 237 s 5 are each amended to read as follows:

      Weights and measures standards that are in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state weights and measures standards, shall, when the same shall have been certified as such by the national institute of standards and technology or any successor organization, be the ((state)) primary standards of weight and measure. The state weights and measures standards shall be kept in a place designated by the director and shall ((not be removed from such designated place except for repairs or for certification. These state weights and measures standards shall be submitted at least once every ten years to)) be maintained in such calibration as prescribed by the national institute of standards and technology or any successor organization ((for certification)).

      Sec. 6. RCW 19.94.165 and 1992 c 237 s 6 are each amended to read as follows:

      (((1) Unless otherwise provided by the department,)) All weighing or measuring instruments or devices used for commercial purposes within this state shall be ((inspected and tested for accuracy by the director or city sealer at least once every two years and, if found to be)) correct((, the director or city sealer shall issue an official seal of approval for each such instrument or device.

      (2) Beginning fiscal year 1993, the schedule of inspection and testing shall be staggered so as one-half of the weighing or measuring instruments or devices under the jurisdiction of the inspecting and testing authority are approved in odd fiscal years and the remaining one-half are inspected and tested in even fiscal years.

      (3) The department may provide, as needed, uniform, official seals of approval to city sealers for the purposes expressed in this section)).

      Sec. 7. RCW 19.94.175 and 1992 c 237 s 7 are each amended to read as follows:

      (((1) The department shall establish reasonable, biennial inspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter. These inspection and testing fees shall be equitably prorated within each such type or class and shall be limited to those amounts necessary for the department to cover, to the extent possible, the direct costs associated with the inspection and testing of each type or class of weighing or measuring instrument or device.

      (2) Prior to the establishment and each amendment of the fees authorized under this chapter, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall recommend the appropriate level of fees to be assessed by the department pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this chapter and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services.

      (3) The fees authorized under this chapter may be billed only after the director or a city sealer has issued an official seal of approval for a weighing or measuring instrument or device or a weight or measure standard.

      (4) All fees shall become due and payable thirty days after billing by the department or a city sealer. A late penalty of one and one-half percent per month may be assessed on the unpaid balance more than thirty days in arrears.)) (1) Pursuant to section 1 of this act, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state:

      (a)                Weighing devices:

      (i)                 Small scales "zero to four hundred pounds capacity". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5.00

      (ii)                Intermediate scales "four hundred one pounds to five thousand pounds capacity". . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.00

      (iii)              Large scales "over five thousand pounds capacity". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52.00

      (iv)               Large scales with supplemental devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 52.00

      (v)                Railroad track scales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $800.00

      (b)                Liquid fuel metering devices:

      (i)                 Motor fuel meters with flows of less than twenty gallons per minute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00

      (ii)                Motor fuel meters with flows of more than twenty but not more than one hundred fifty gallons per minute. . . . . . . .$ 16.00

      (iii)              Motor fuel meters with flows over one hundred fifty gallons per minute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.00

      (c)                Liquid petroleum gas meters:

      (i)                 With one inch diameter or smaller dispensers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00

      (ii)                With greater than one inch diameter dispensers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30.00

      (d)                Fabric meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5.00

      (e)                Cordage meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00

      (f)                Mass flow meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.00

      (g)                Taxi meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00

      (((5) Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this section by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city. On the thirtieth day of each month, city sealers shall, pursuant to procedures established and upon forms provided by the director, remit to the department for administrative costs ten percent of the total fees collected.

      (6))) (2) With the exception of subsection (((7))) (3) of this section, no person shall be required to pay more than the established ((inspection and testing)) fee adopted under this section for any weighing or measuring instrument or device in any ((two-year period when the same has been found to be correct)) one year.

      (((7) Whenever a special request is made by the owner for the inspection and testing of a weighing or measuring instrument or device, the fee prescribed by the director for such a weighing or measuring instrument or device shall be paid by the owner.))

      (3) The department or a city sealer may establish reasonable inspection and testing fees for each type or class of weighing or measuring instrument or device specially requested to be inspected or tested by the device owner. These inspection and testing fees shall be limited to those amounts necessary for the department or city sealer to cover the direct costs associated with such inspection and testing. The fees established under this subsection shall not be set so as to compete with service agents normally engaged in such services.

      Sec. 8. RCW 19.94.185 and 1992 c 237 s 8 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, all moneys collected under this chapter shall be payable to the director and placed in the weights and measures account hereby established in the ((state treasury)) agricultural local fund. Moneys deposited in this account ((may be spent only following appropriation by law and)) shall be used solely for the purposes of ((weighing or measuring instrument or device inspection and testing)) implementing or enforcing this chapter. No appropriation is required for the disbursement of moneys from the weights and measures account by the director.

      (2) Civil penalties collected by the department under RCW 19.94.510 and sections 22 and 23 of this act shall be deposited in the state general fund.

      (3) By January 1st of each odd-numbered year, the department shall provide a written report on the amount of revenues by major category received under this chapter, including the metrology laboratory, for the administration of the weights and measures program by the department. The report shall include the amount of revenue generated for the two previous biennia, an estimate of the amount of funds to be received during the current biennium, and an estimate of the amount of funds to be generated during the next ensuing biennium. The report shall be submitted to the office of financial management and to each committee in the legislature with jurisdiction over programs administered by the department in the house and the senate.

      Sec. 9. RCW 19.94.190 and 1992 c 237 s 9 are each amended to read as follows:

      (1) The director and duly appointed city sealers shall enforce the provisions of this chapter. The director shall adopt rules for enforcing and carrying out the purposes of this chapter including but not limited to the following:

      (a) Establishing state standards of weight, measure, or count, and reasonable standards of fill for any commodity in package form;

      (b) The establishment of technical and reporting procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter;

      (c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when otherwise installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices;

      (d) ((The establishment of fee payment and reporting procedures and any necessary report and record forms to be used by city sealers when remitting the percentage of total fees collected as required under this chapter;

      (e))) The establishment of exemptions from the ((sealing or)) marking ((inspection and testing)) or tagging requirements of RCW 19.94.250 with respect to weighing or measuring instruments or devices of such character or size that such ((sealing or)) marking or tagging would be inappropriate, impracticable, or damaging to the apparatus in question;

      (((f))) (e) The establishment of exemptions from the inspection and testing requirements of ((RCW 19.94.165)) section 2 of this act with respect to classes of weighing or measuring instruments or devices found to be of such character that periodic inspection and testing is unnecessary to ensure continued accuracy; ((and

      (g))) (f) The establishment of inspection and approval techniques, if any, to be used with respect to classes of weighing or measuring instruments or devices that are designed specifically to be used commercially only once and then discarded, or are uniformly mass-produced by means of a mold or die and are not individually adjustable; and

      (g) The establishment of inspection and testing procedures to be used for classes of weighing or measuring instruments or devices found to be few in number, highly complex, and of such character that differential or special inspection and testing is necessary, including railroad track scales. The department's procedures shall include requirements for the provision, maintenance, and transport of any weight or measure necessary for the inspection and testing at no expense to the state.

      (2) These rules shall also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and shall be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those (a) that are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (b) that facilitate the perpetration of fraud.

      Sec. 10. RCW 19.94.216 and 1992 c 237 s 12 are each amended to read as follows:

      The department shall:

      (1) Biennially inspect and test the secondary weights and measures standards of any city for which the appointment of a city sealer is provided by this chapter and shall issue an official seal of approval for same when found to be correct. The department shall, by rule, establish a reasonable fee for ((such)) this and any other inspection and testing services performed by the department's metrology laboratory. Each such fee shall recover at least seventy-five percent of the laboratory's costs incurred in performing the service governed by the fee on or before June 30, 1998. The fees established under this subsection may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending 1996, 1997, and 1998. For fiscal year 1999 and thereafter, the fees established under this subsection may not be increased by an amount greater than the fiscal growth factor as provided in RCW 43.135.055.

      (2) Biennially inspect((,)) and test((, and, if found to be correct, issue an official seal of approval for)) any weighing or measuring instrument or device used in an agency or institution to which moneys are appropriated by the legislature or of the federal government and shall report any findings in writing to the executive officer of the agency or institution concerned. The department shall collect a reasonable fee, to be set by rule, for testing any such weighing or measuring instrument or device.

      (((3) Inspect, test, and, if found to be correct, issue a seal of approval for classes of weighing or measuring instruments or devices found to be few in number, highly complex, and of such character that differential inspection and testing frequency is necessary including, but not limited to, railroad track scales and grain elevator scales. The department shall develop rules regarding the inspection and testing procedures to be used for such weighing or measuring instruments or devices which shall include requirements for the provision, maintenance, and transport of any weight or measure standard necessary for inspection and testing at no expense to the state. The department may collect a reasonable fee, to be set by rule, for inspecting and testing any such weighing and measuring instruments or devices. This fee shall not be unduly burdensome and shall cover, to the extent possible, the direct costs of performing such service.))

      Sec. 11. RCW 19.94.250 and 1992 c 237 s 16 are each amended to read as follows:

      (1) ((The director or a city sealer shall, from time to time, inspect any weighing or measuring instrument or device, except those weighing or measuring instruments or devices exempted under the authority of RCW 19.94.190, to determine if it is correct.)) If the director or a city sealer discovers upon inspection that a weighing or measuring instrument or device is "incorrect," but in his or her best judgment is susceptible of satisfactory repair, he or she shall reject and mark or tag as rejected any such weighing or measuring instrument or device.

      (2) The director or a city sealer may reject or seize any weighing or measuring instrument or device found to be incorrect that, in his or her best judgment, is not susceptible of satisfactory repair.

      (3) Weighing or measuring instruments or devices that have been rejected under subsection (1) of this section may be confiscated and may be destroyed by the director or a city sealer if not corrected as required by RCW 19.94.255 or if used or disposed of contrary to the requirements of that section.

      (4) The director or a city sealer shall permit the use of an incorrect weighing or measuring instrument or device, pending repairs, if the device is incorrect to the economic benefit of the consumer and the consumer is not the seller. However, if the director or city sealer finds such an error, the director or city sealer shall notify the owner of the instrument or device, or the owner's representative at the business location, regarding the error.

      Sec. 12. RCW 19.94.255 and 1992 c 237 s 17 are each amended to read as follows:

      (1) Weighing or measuring instruments or devices that have been rejected under the authority of the director or a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section.

      (2) The owner of any weighing or measuring instrument or device that has been marked or tagged as rejected by the director or a city sealer shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority. In lieu of correction, the owner of such weighing and measuring instrument or device may dispose of the same, but only in the manner specifically authorized by the rejecting authority.

      (3) Weighing and measuring instruments or devices that have been rejected shall not again be used commercially until they have been ((officially)) reexamined and((, if)) found to be correct((, had an official seal of approval placed upon or issued for such weighing or measuring instrument or device by the rejecting authority)) by the department, city sealer, or a service agent registered with the department.

      (4) If a weighing or measuring instrument or device marked or tagged as rejected is placed back into commercial service by a service agent registered with the department, the agent shall provide a signed certification to the owner or operator of the instrument or device so indicating and shall report to the rejecting authority as provided by rule under RCW 19.94.190(1)(c).

      Sec. 13. RCW 19.94.280 and 1992 c 237 s 20 are each amended to read as follows:

      (1) There may be a city sealer in every city and such deputies as may be required by ordinance of each such city to administer and enforce the provisions of this chapter.

      (2) Each city electing to have a city sealer shall adopt rules for the appointment and removal of the city sealer and any deputies required by local ordinance. The rules for appointment of a city sealer and any deputies must include provisions for the advice and consent of the local governing body of such city and, as necessary, any provisions for local civil service laws and regulations.

      (3) ((A city sealer shall adopt the fee amounts established by the director pursuant to RCW 19.94.165. No city shall adopt or charge an inspection, testing, or licensing fee or any other fee upon a weighing or measuring instrument or device that is in excess of the fee amount adopted under RCW 19.94.165.

      (4))) A city sealer shall keep a complete and accurate record of all official acts performed under the authority of this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as may be required by the director.

      (4) The city sealer shall test and inspect a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced in the city. This subsection does not apply to weighing or measuring instruments or devices for which the sealer does not have the necessary testing or inspection equipment or to instruments or devices that are to be inspected by the department under RCW 19.94.216(2).

      (5) A city sealer may issue an official seal of approval for each weighing or measuring instrument or device that has been inspected and tested and found to be correct.

      Sec. 14. RCW 19.94.320 and 1992 c 237 s 22 are each amended to read as follows:

      (1) In cities for which city sealers have been appointed as provided for in this chapter, the director shall have general ((supervisory)) oversight powers over ((such)) city ((sealers)) weights and measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the provisions of this chapter.

      (2) When the director elects to exercise concurrent authority within a city with a duly appointed city sealer, the director's powers and duties relative to this chapter shall be in addition to the powers granted in any such city by law or charter.

      NEW SECTION. Sec. 15. (1) Except as authorized by the department, a service agent who intends to provide the examination that permits a weighing or measuring instrument or device to be placed back into commercial service under RCW 19.94.255(3) shall receive an official registration certificate from the director prior to performing such a service. This registration requirement does not apply to the department or a city sealer.

      (2) Except as provided in section 17 of this act, a registration certificate is valid for one year. It may be renewed by submitting a request for renewal to the department.

      NEW SECTION. Sec. 16. (1) Each request for an official registration certificate shall be in writing, under oath, and on a form prescribed by the department and shall contain any relevant information as the director may require, including but not limited to the following:

      (a) The name and address of the person, corporation, partnership, or sole proprietorship requesting registration;

      (b) The names and addresses of all individuals requesting an official registration certificate from the department; and

      (c) The tax registration number as required under RCW 82.32.030 or uniform business identifier provided on a master license issued under RCW 19.02.070.

      (2) Each individual when submitting a request for an official registration certificate or a renewal of such a certificate shall pay a fee to the department in the amount of eighty dollars per individual.

      (3) The department shall issue a decision on a request for an official registration certificate within twenty days of receipt of the request. If an individual is denied their request for an official registration certificate, the department must notify that individual in writing stating the reasons for the denial and shall refund any payments made by that individual in connection with the request.

      NEW SECTION. Sec. 17. (1) The department shall have the power to revoke, suspend, or refuse to renew the official registration certificate of any service agent for any of the following reasons:

      (a) Fraud or deceit in obtaining an official registration certificate under this chapter;

      (b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation, inspection, testing, checking, adjusting, or systematically standardizing and approving the graduations of any weighing or measuring instrument or device;

      (c) Knowingly placing back into commercial service any weighing or measuring instrument or device that is incorrect;

      (d) A violation of any provision of this chapter; or

      (e) Conviction of a crime or an act constituting a crime under the laws of this state, the laws of another state, or federal law.

      (2) Upon the department's revocation of, suspension of, or refusal to renewal an official registration certificate, an individual shall have the right to appeal this decision in accordance with the administrative procedure act, chapter 34.05 RCW.

      Sec. 18. RCW 19.94.360 and 1969 c 67 s 36 are each amended to read as follows:

      In addition to the declarations required by RCW 19.94.350, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity ((and bearing the total selling price of the package)) at the time it is exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count and the total selling price of the package.

      Sec. 19. RCW 19.94.410 and 1988 c 63 s 1 are each amended to read as follows:

      (((1) Except as provided in subsection (2) of this section,)) Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight ((and only in units of one-quarter pound, one-half pound, one pound or multiples of one pound, avoirdupois weight.

      (2) The director of agriculture may allow the sale of butter specialty products in nonstandard units of weight if the purpose achieved by using such nonstandard units is decorative in nature and the products are clearly labeled as to weight and price per pound)).

      Sec. 20. RCW 19.94.390 and 1969 c 67 s 39 are each amended to read as follows:

      (1) Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, poster or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents.

      (2) The examination procedure recommended for price verification by the price verification working group of the laws and regulations committee of the national conference on weights and measures (as reflected in the fourth draft, dated November 1, 1994) for devices such as electronic scanners shall govern such examinations conducted under this chapter. The procedure shall be deemed to be adopted under this chapter. However, the department may revise the procedure as follows: The department shall provide notice of and conduct a public hearing pursuant to chapter 34.05 RCW to determine whether any revisions to this procedure made by the national institute of standards and technology or its successor organization for incorporating the examination procedure into an official handbook of the institute or its successor, or any subsequent revisions of the handbook regarding such procedures shall also be adopted under this chapter. If the department determines that the procedure should be so revised, it may adopt the revisions. Violations of this section regarding the use of devices such as electronic scanners may be found only as provided by the examination procedures adopted by or under this subsection.

      (3) Electronic scanner screens installed after January 1, 1996, and used in retail establishments must be visible to the consumer at the checkout line.

      Sec. 21. RCW 19.94.510 and 1992 c 237 s 35 are each amended to read as follows:

      (1) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, performs any one of the acts enumerated in (a) through (((k))) (l) of this subsection is subject to a civil penalty of no more than one thousand dollars:

      (a) Use or have in possession for the purpose of using for any commercial purpose a weighing or measuring instrument or device that is intentionally calculated to falsify any weight, measure, or count of any commodity, or to sell, offer, expose for sale or hire or have in possession for the purpose of selling or hiring an incorrect weighing or measuring instrument or device or any weighing or measuring instrument or device calculated to falsify any weight or measure.

      (b) Knowingly use or have in possession for current use in the buying or selling of any commodity or thing, for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight, measurement, or count, or in the determination of weight, measurement or count, when a charge is made for such determination, any incorrect weighing or measuring instrument or device.

      (c) Dispose of any rejected weighing or measuring instrument or device in a manner contrary to law or rule.

      (d) Remove from any weighing or measuring instrument or device, contrary to law or rule, any tag, seal, stamp or mark placed thereon by the director or a city sealer.

      (e) Sell, offer or expose for sale less than the quantity he or she represents of any commodity, thing or service.

      (f) Take more than the quantity he or she represents of any commodity, thing, or service when, as buyer, he or she furnishes the weight, measure, or count by means of which the amount of the commodity, thing or service is determined.

      (g) Keep for the purpose of sale, advertise, offer or expose for sale or sell any commodity, thing or service known to be in a condition or manner contrary to law or rule.

      (h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weighing or measuring instrument or device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observable from some position which may reasonably be assumed by a customer.

      (i) Knowingly approve or issue an official seal of approval for any weighing or measuring instrument or device known to be incorrect.

      (j) Find a weighing or measuring instrument or device to be correct under RCW 19.94.255 when the person knows the instrument or device is incorrect.

      (k) Fails to disclose to the department or a city sealer any knowledge of information relating to, or observation of, any device or instrument added to or modifying any weighing or measuring instrument or device for the purpose of selling, offering, or exposing for sale, less than the quantity represented of a commodity or calculated to falsify weight or measure, if the person is a service agent.

      (((k))) (l) Violate any other provision of this chapter or of the rules adopted under the provisions of this chapter for which a specific penalty has not been prescribed.

      (2) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, violates RCW 19.94.390 as determined by the examination procedure adopted by or under RCW 19.94.390(2) is subject to a civil penalty of not more than one thousand dollars.

      (3) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, performs any of the following acts is subject to a civil penalty of no more than five thousand dollars:

      (a) Knowingly adds to or modifies any weighing or measuring instrument or device by the addition of a device or instrument that would allow the sale, or the offering or exposure for sale, of less than the quantity represented of a commodity or falsification of weight or measure.

      (b) Commits as a fourth or subsequent infraction any of the acts listed in subsection (1) or (2) of this section.

      NEW SECTION. Sec. 22. A person who owns a weighing or measuring instrument or device and uses or permits the use of the instrument for commercial purposes in violation of section 1 of this act is subject to a civil penalty of fifty dollars for each such instrument or device used or permitted to be used in violation of section 1 of this act.

      NEW SECTION. Sec. 23. (1) Whenever the department or a city sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner of the weighing or measuring instrument or device may be subject to the following civil penalties:


Device deviations outside the tolerances stated in Handbook 44.

Penalty

Small weighing or measuring instruments or devices:

First violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00

Second or subsequent violation within one year of first violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150.00

Medium weighing or measuring instruments or devices:

First violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100.00

Second or subsequent violation within one year of first violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300.00

Large weighing or measuring instruments or devices:

First violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200.00

Second or subsequent violation within one year of first violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500.00


      (2) For the purposes of this section:

      (a) The following are small weighing or measuring instruments or devices: Scales of zero to four hundred pounds capacity, liquid fuel metering devices with flows of not more than twenty gallons per minute, liquid petroleum gas meters with one inch in diameter or smaller dispensers, fabric meters, cordage meters, and taxi meters.

      (b) The following are medium weighing or measuring instruments or devices: Scales of four hundred one to five thousand pounds capacity, liquid fuel metering devices with flows of more than twenty but not more than one hundred fifty gallons per minute, and mass flow meters.

      (c) The following are large weighing or measuring instruments or devices: Liquid petroleum gas meters with greater than one inch diameter dispensers, liquid fuel metering devices with flows over one hundred fifty gallons per minute, and scales of more than five thousand pounds capacity and scales of more than five thousand pounds capacity with supplemental devices.

      (3) The director or a city sealer shall issue the appropriate civil penalty concurrently with the conclusion of the test or inspection.

      (4) The weighing or measuring instrument or device owner shall have the right to appeal the civil penalty in accordance with the administrative procedure act, chapter 34.05 RCW.

      NEW SECTION. Sec. 24. (1) The legislature finds that:

      (a) Civil and criminal penalties relating to violations of weights and measures provisions and the disclosure of these violations to the media have recently come under public scrutiny, resulting in the appropriate nature of such actions being called into question;

      (b) It is vital to the public interest that the state ensure the uniform application of weights and measures procedures and penalties throughout the state; and

      (c) It is necessary to review the application of civil and criminal penalties for violations of weights and measures provisions and the disclosure of these violations to the media.

      (2) The legislature hereby establishes the weights and measures enforcement task force. The task force shall be composed of a representative of the department of agriculture and a representative of each of the following: City sealers, city prosecuting attorneys, attorneys general's offices, service stations, grocery stores, retailers, food processors/dealers, the agriculture community, oil and heat dealers, liquid propane dealers, the media, and consumer groups.

      (3) The intent of this section is to require a study to:

      (a) Analyze the current civil and criminal provisions of state and local weights and measures programs and the disclosure of violations of these provisions to the media.

      (b) Consider whether the current level of civil and criminal provisions of state and local weights and measures programs and the disclosure of violations of these provisions to the media are appropriate.

      (c) Identify the effects upon both sellers and consumers in the marketplace of civil and criminal provisions of state and local weights and measures programs and the disclosure of violations of these provisions to the media.

      (d) Recommend to the legislature possible alternative enforcement mechanisms based on the findings of the study.

      (4) The legislative committees dealing with agriculture matters shall provide staff support for the study.

      (5) The weights and measures enforcement task force shall present its final findings and any recommended legislation to the committees of the legislature that deal with law and justice matters no later than November 30, 1995.

      (6) This section shall expire on December 31, 1995.

      NEW SECTION. Sec. 25. A new section is added to chapter 15.80 RCW to read as follows:

      All moneys collected under this chapter shall be placed in the weights and measures account created in RCW 19.94.185.

      NEW SECTION. Sec. 26. Sections 1, 2, 15 through 17, 22, and 23 of this act are each added to chapter 19.94 RCW.

      NEW SECTION. Sec. 27. This act applies prospectively only and not retroactively. It applies only to causes of action that arise or that are commenced on or after the effective date of this act. This act does not affect any liability or obligation arising prior to the effective date of this act.

      NEW SECTION. Sec. 28. (1) Sections 2 through 6 and 8 through 25 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.

      (2) Sections 1 and 7 of this act shall take effect January 1, 1996."


MOTION


      On motion of Senator Rasmussen, the following amendment by Senators Rasmussen and Morton to the striking amendment by Senators Rasmussen and Morton was adopted:

      On page 21, line 7, strike all of subsection (4) and renumber the remaining subsections accordingly.

      The President declared the question before the Senate to be the adoption of the striking amendment, as amended, by Senators Rasmussen and Morton to Second Substitute House Bill No. 1524.

      Debate ensued.

      The motion by Senator Rasmussen carried and the striking amendment, as amended, was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "measures;" strike the remainder of the title and insert "amending RCW 19.94.005, 19.94.010, 19.94.160, 19.94.165, 19.94.175, 19.94.185, 19.94.190, 19.94.216, 19.94.250, 19.94.255, 19.94.280, 19.94.320, 19.94.360, 19.94.410, 19.94.390, and 19.94.510; adding new sections to chapter 19.94 RCW; adding a new section to chapter 15.80 RCW; creating new sections; prescribing penalties; providing effective dates; and declaring an emergency."


      On motion of Senator Rasmussen, the rules were suspended, Second Substitute House Bill No. 1524, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1524, as amended by the Senate under suspension of the rules.



ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1524, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hochstatter and McCaslin - 3.

      SECOND SUBSTITUTE HOUSE BILL NO. 1524, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



MESSAGE FROM THE HOUSE

April 20, 1995

MR. PRESIDENT:

      The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1589 and asks the Senate to recede therefrom, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Deccio, the Senate receded from the Committee on Health and Long-Term Care amendment(s), as amended, to Second Substitute House Bill No. 1524.


MOTIONS


      On motion of Senator Deccio, the rules were suspended, Engrossed Substitute House Bill No. 1589 was returned to second reading and read the second time.

      Senator Deccio moved that the following amendment by Senators Deccio, Winsley, Moyer, Ann Anderson, Palmer and Owen be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. HOSPITAL DISCHARGE DATA--OTHER DATA REQUIREMENTS. (1) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act), the department shall continue to require hospitals to submit hospital financial and patient discharge information, which shall be collected, maintained, analyzed, and disseminated by the department. The department shall, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection. Data elements shall be reported in conformance with a uniform reporting system established by the department. This includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income, total units of inpatient and outpatient services, and other financial information reasonably necessary to fulfill the purposes of this section. Data elements relating to use of hospital services by patients shall be the same as those currently compiled by hospitals through inpatient discharge abstracts. The department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.

      (2) In identifying financial reporting requirements, the department may require both annual reports and condensed quarterly reports from hospitals, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of hospitals.

      (3) The health care data collected, maintained, and studied by the department shall only be available for retrieval in original or processed form to public and private requestors and shall be available within a reasonable period of time after the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.

      (4) The department shall, in consultation and collaboration with the federally recognized tribes, urban or other Indian health service organizations, and the federal area Indian health service, design, develop, and maintain an American Indian-specific health data, statistics information system. The department rules regarding confidentiality shall apply to safeguard the information from inappropriate use or release.

      (5) All persons subject to the data collection requirements of this section shall comply with departmental requirements established by rule in the acquisition of data.

      NEW SECTION. Sec. 2. DATA STANDARDS. (1) To promote the public interest consistent with this act, the department of health, in cooperation with the health care policy board and the information services board established under RCW 43.105.032, shall develop health care data standards to be used by, and developed in collaboration with, consumers, purchasers, health carriers, providers, and state government as consistent with the intent of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act), to promote the delivery of quality health services that improve health outcomes for state residents. The data standards shall include content, coding, confidentiality, and transmission standards for all health care data elements necessary to support the intent of this section, and to improve administrative efficiency and reduce cost. Purchasers, as allowed by federal law, health carriers, health facilities and providers as defined in chapter 48.43 RCW, and state government shall utilize the data standards. The information and data elements shall be reported as the department of health directs by rule in accordance with data standards developed under this section.

      (2) The health care data collected, maintained, and studied by the department under this section, the health care policy board, or any other entity: (a) Shall include a method of associating all information on health care costs and services with discrete cases; (b) shall not contain any means of determining the personal identity of any enrollee, provider, or facility; (c) shall only be available for retrieval in original or processed form to public and private requesters; (d) shall be available within a reasonable period of time after the date of request; and (e) shall give strong consideration to data standards that achieve national uniformity.

      (3) The cost of retrieving data for state officials and agencies shall be funded through state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.

      (4) All persons subject to this section shall comply with departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or effect no policy implementing the provisions of this section without an act of law.

      (5) The department shall submit developed health care data standards to the appropriate committees of the legislature by December 31, 1995.

      NEW SECTION. Sec. 3. HEALTH CARE QUALITY--FINDINGS AND INTENT. The legislature finds that it is difficult for consumers of health care services to determine the quality of health care prior to purchase or utilization of medical care. The legislature also finds that accountability is a key component in promoting quality assurance and quality improvement throughout the health care delivery system, including public programs. Quality assurance and improvement standards are necessary to promote the public interest, contribute to cost efficiencies, and improve the ability of consumers to ascertain quality health care purchases.

      The legislature intends to have consumers, health carriers, health care providers and facilities, and public agencies participate in the development of quality assurance and improvement standards that can be used to develop a uniform quality assurance program for use by all public and private health plans, providers, and facilities. To that end, in conducting the study required under section 4 of this act, the department of health shall:

      (1) Consider the needs of consumers, employers, health care providers and facilities, and public and private health plans;

      (2) Take full advantage of existing national standards of quality assurance to extend to middle-income populations the protections required for state management of health programs for low-income populations;

      (3) Consider the appropriate minimum level of quality assurance standards that should be disclosed to consumers and employers by health care providers and facilities, and public and private health plans; and

      (4) Consider standards that permit health care providers and facilities to share responsibility for participation in a uniform quality assurance program.

      NEW SECTION. Sec. 4. UNIFORM QUALITY ASSURANCE. (1) The department of health in consultation with the health policy board shall study the feasibility of a uniform quality assurance and improvement program for use by all public and private health plans and health care providers and facilities. In this study, the department shall consult with:

      (a) Public and private purchasers of health care services;

      (b) Health carriers;

      (c) Health care providers and facilities; and

      (d) Consumers of health services.

      (2) In conducting the study, the department shall propose standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.

      (3) At a minimum, the study shall include but not be limited to the following program components and indicators appropriate for consumer disclosure:

      (a) Health care provider training, credentialing, and licensure standards;

      (b) Health care facility credentialing and recredentialing;

      (c) Staff ratios in health care facilities;

      (d) Annual mortality and morbidity rates of cases based on a defined set of procedures performed or diagnoses treated in health care facilities, adjusted to fairly consider variable factors such as patient demographics and case severity;

      (e) The average total cost and average length of hospital stay for a defined set of procedures and diagnoses;

      (f) The total number of the defined set of procedures, by specialty, performed by each physician at a health care facility within the previous twelve months;

      (g) Utilization performance profiles by provider, both primary care and specialty care, that have been adjusted to fairly consider variable factors such as patient demographics and severity of case;

      (h) Health plan fiscal performance standards;

      (i) Health care provider and facility recordkeeping and reporting standards;

      (j) Health care utilization management that monitors trends in health service under-utilization, as well as over-utilization of services;

      (k) Health monitoring that is responsive to consumer, purchaser, and public health assessment needs; and

      (l) Assessment of consumer satisfaction and disclosure of consumer survey results.

      (4) In conducting the study, the department shall develop standards that permit each health care facility, provider group, or health carrier to assume responsibility for and determine the physical method of collection, storage, and assimilation of quality indicators for consumer disclosure. The study may define the forms, frequency, and posting requirements for disclosure of information.

      In developing proposed standards under this subsection, the department shall identify options that would minimize provider burden and administrative cost resulting from duplicative private sector data submission requirements.

      (5) The department shall submit a preliminary report to the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of this section, and shall submit supplementary reports and recommendations as completed, consistent with appropriated funds and staffing.

      (6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act of law.

      NEW SECTION. Sec. 5. QUALITY ASSURANCE--INTERAGENCY COOPERATION--ELIMINATION AND COORDINATION OF DUPLICATE STATE PROGRAMS. No later than July 1, 1995, the health care policy board together with the department of health, the health care authority, the department of social and health services, the office of the insurance commissioner, and the department of labor and industries shall form an interagency group for coordination and consultation on quality assurance activities and collaboration on final recommendations for the study required under section 4 of this act. By December 31, 1996, the group shall review all state agency programs governing health service quality assurance, in light of legislative actions pursuant to section 4(6) of this act, and shall recommend to the legislature, the consolidation, coordination, or elimination of rules and programs that would be made unnecessary pursuant to the development of a uniform quality assurance and improvement program.

      Sec. 6. RCW 42.17.310 and 1994 c 233 s 2 and 1994 c 182 s 1 are each reenacted and amended to read as follows:

      RECORDS EXEMPT FROM PUBLIC INSPECTION--MODIFIED. (1) The following are exempt from public inspection and copying:

      (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

      (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

      (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

      (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

      (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

      (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

      (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

      (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

      (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

      (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

      (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

      (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

      (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

      (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

      (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

      (p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

      (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

      (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

      (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

      (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

      (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

      (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

      (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.

      (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

      (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

      (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

      (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

      (bb) Financial and valuable trade information under RCW 51.36.120.

      (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

      (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

      (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

      (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

      (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

      (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

      (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

      (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

      (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

      Sec. 7. RCW 43.70.510 and 1993 c 492 s 417 are each amended to read as follows:

      QUALITY IMPROVEMENT PROGRAMS--ADDING CERTAIN STATE AGENCIES AND HEALTH CARRIERS. (1)(a) Health care institutions and medical facilities, other than hospitals, that are licensed by the department, professional societies or organizations, ((and certified)) health care service contractors, health maintenance organizations, health ((plans)) carriers approved pursuant to ((RCW 43.72.100)) chapter 48.43 RCW, and any other person or entity providing health care coverage under chapter 48.42 RCW that is subject to the jurisdiction and regulation of any state agency or any subdivision thereof may maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice as set forth in RCW 70.41.200.

      (b) All such programs shall comply with the requirements of RCW 70.41.200(1)(a), (c), (d), (e), (f), (g), and (h) as modified to reflect the structural organization of the institution, facility, professional societies or organizations, ((or certified)) health care service contractors, health maintenance organizations, health ((plan)) carriers, or any other person or entity providing health care coverage under chapter 48.42 RCW that is subject to the jurisdiction and regulation of any state agency or any subdivision thereof, unless an alternative quality improvement program substantially equivalent to RCW 70.41.200(1)(a) is developed. All such programs, whether complying with the requirement set forth in RCW 70.41.200(1)(a) or in the form of an alternative program, must be approved by the department before the discovery limitations provided in subsections (3) and (4) of this section and the exemption under RCW 42.17.310(1)(hh) and subsection (5) of this section shall apply. In reviewing plans submitted by licensed entities that are associated with physicians' offices, the department shall ensure that the exemption under RCW 42.17.310(1)(hh) and the discovery limitations of this section are applied only to information and documents related specifically to quality improvement activities undertaken by the licensed entity.

      (2) Health care provider groups of ten or more providers may maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice as set forth in RCW 70.41.200. All such programs shall comply with the requirements of RCW 70.41.200(1)(a), (c), (d), (e), (f), (g), and (h) as modified to reflect the structural organization of the health care provider group. All such programs must be approved by the department before the discovery limitations provided in subsections (3) and (4) of this section and the exemption under RCW 42.17.310(1)(hh) and subsection (5) of this section shall apply.

      (3) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity.

      (4) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained by a quality improvement committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts that form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action challenging the termination of a contract by a state agency with any entity maintaining a coordinated quality improvement program under this section if the termination was on the basis of quality of care concerns, introduction into evidence of information created, collected, or maintained by the quality improvement committees of the subject entity, which may be under terms of a protective order as specified by the court; (e) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (((e))) (f) in any civil action, discovery and introduction into evidence of the patient's medical records required by rule of the department of health to be made regarding the care and treatment received.

      (5) Information and documents created specifically for, and collected and maintained by a quality improvement committee are exempt from disclosure under chapter 42.17 RCW.

      (6) The department of health shall adopt rules as are necessary to implement this section.

      Sec. 8. RCW 43.72.310 and 1993 c 492 s 448 are each amended to read as follows:

      (1) Until the effective date of this section and after June 30, 1996, a certified health plan, health care facility, health care provider, or other person involved in the development, delivery, or marketing of health care or certified health plans may request, in writing, that the commission obtain an informal opinion from the attorney general as to whether particular conduct is authorized by chapter 492, Laws of 1993. Trade secret or proprietary information contained in a request for informal opinion shall be identified as such and shall not be disclosed other than to an authorized employee of the commission or attorney general without the consent of the party making the request, except that information in summary or aggregate form and market share data may be contained in the informal opinion issued by the attorney general. The attorney general shall issue such opinion within thirty days of receipt of a written request for an opinion or within thirty days of receipt of any additional information requested by the attorney general necessary for rendering an opinion unless extended by the attorney general for good cause shown. If the attorney general concludes that such conduct is not authorized by chapter 492, Laws of 1993, the person or organization making the request may petition the commission for review and approval of such conduct in accordance with subsection (3) of this section.

      (2) After obtaining the written opinion of the attorney general and consistent with such opinion, the health services commission:

      (a) May authorize conduct by a certified health plan, health care facility, health care provider, or any other person that could tend to lessen competition in the relevant market upon a strong showing that the conduct is likely to achieve the policy goals of chapter 492, Laws of 1993 and a more competitive alternative is impractical;

      (b) Shall adopt rules governing conduct among providers, health care facilities, and certified health plans including rules governing provider and facility contracts with certified health plans, rules governing the use of "most favored nation" clauses and exclusive dealing clauses in such contracts, and rules providing that certified health plans in rural areas contract with a sufficient number and type of health care providers and facilities to ensure consumer access to local health care services;

      (c) Shall adopt rules permitting health care providers within the service area of a plan to collectively negotiate the terms and conditions of contracts with a certified health plan including the ability of providers to meet and communicate for the purposes of these negotiations; and

      (d) Shall adopt rules governing cooperative activities among health care facilities and providers.

      (3) Until the effective date of this section and after June 30, 1996, a certified health plan, health care facility, health care provider, or any other person involved in the development, delivery, and marketing of health services or certified health plans may file a written petition with the commission requesting approval of conduct that could tend to lessen competition in the relevant market. Such petition shall be filed in a form and manner prescribed by rule of the commission.

      The commission shall issue a written decision approving or denying a petition filed under this section within ninety days of receipt of a properly completed written petition unless extended by the commission for good cause shown. The decision shall set forth findings as to benefits and disadvantages and conclusions as to whether the benefits outweigh the disadvantages.

      (4) In authorizing conduct and adopting rules of conduct under this section, the commission with the advice of the attorney general, shall consider the benefits of such conduct in furthering the goals of health care reform including but not limited to:

      (a) Enhancement of the quality of health services to consumers;

      (b) Gains in cost efficiency of health services;

      (c) Improvements in utilization of health services and equipment;

      (d) Avoidance of duplication of health services resources; or

      (e) And as to (b) and (c) of this subsection: (i) Facilitates the exchange of information relating to performance expectations; (ii) simplifies the negotiation of delivery arrangements and relationships; and (iii) reduces the transactions costs on the part of certified health plans and providers in negotiating more cost-effective delivery arrangements.

      These benefits must outweigh disadvantages including and not limited to:

      (i) Reduced competition among certified health plans, health care providers, or health care facilities;

      (ii) Adverse impact on quality, availability, or price of health care services to consumers; or

      (iii) The availability of arrangements less restrictive to competition that achieve the same benefits.

      (5) Conduct authorized by the commission shall be deemed taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.

      (6) With the assistance of the attorney general's office, the commission shall actively supervise any conduct authorized under this section to determine whether such conduct or rules permitting certain conduct should be continued and whether a more competitive alternative is practical. The commission shall periodically review petitioned conduct through, at least, annual progress reports from petitioners, annual or more frequent reviews by the commission that evaluate whether the conduct is consistent with the petition, and whether the benefits continue to outweigh any disadvantages. If the commission determines that the likely benefits of any conduct approved through rule, petition, or otherwise by the commission no longer outweigh the disadvantages attributable to potential reduction in competition, the commission shall order a modification or discontinuance of such conduct. Conduct ordered discontinued by the commission shall no longer be deemed to be taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.

      (7) Nothing contained in chapter 492, Laws of 1993 is intended to in any way limit the ability of rural hospital districts to enter into cooperative agreements and contracts pursuant to RCW 70.44.450 and chapter 39.34 RCW.

      (8) Only requests for informal opinions under subsection (1) of this section and petitions under subsection (3) of this section that were received prior to the effective date of this section or after June 30, 1996, shall be considered.

      NEW SECTION. Sec. 9. The office of the attorney general shall study the impact on competition and efficiency of antitrust immunities for health care providers and facilities in Washington that exceed those provided under federal law and shall report to the legislature by December 15, 1995. The study and report shall include a summary of how other states have allowed for greater coordination and consolidation of health care services without such additional immunities.

      NEW SECTION. Sec. 10. A new section is added to chapter 43.72 RCW to read as follows:

      (1) Effective July 1, 1995, except as provided in subsection (2) of this section, the duties of the health services commission under RCW 43.72.310 shall be carried out by the health care policy board established in section 9, chapter . . . (ESHB 1046), Laws of 1995.

      (2) For purposes of the transfer of duties under this section to the health care policy board, legislative members are not appointed to the board and are not members of the board.

      Sec. 11. 1995 c . . . (ESHB 1046) s 27 (uncodified) is amended to read as follows:

      The following acts or parts of acts are each repealed:

      (1) RCW 18.130.320 and 1993 c 492 s 408;

      (2) RCW 18.130.330 and 1994 c 102 s 1 & 1993 c 492 s 412;

      (3) RCW 43.72.005 and 1993 c 492 s 401;

      (4) RCW 43.72.010 and 1994 c 4 s 1, 1993 c 494 s 1, & 1993 c 492 s 402;

      (5) RCW 43.72.020 and 1994 c 154 s 311 & 1993 c 492 s 403;

      (6) RCW 43.72.030 and 1993 c 492 s 405;

      (7) RCW 43.72.040 and 1994 c 4 s 3, 1993 c 494 s 2, & 1993 c 492 s 406;

      (8) RCW 43.72.050 and 1993 c 492 s 407;

      (9) RCW 43.72.060 and 1994 c 4 s 2 & 1993 c 492 s 404;

      (10) RCW 43.72.070 and 1993 c 492 s 409;

      (11) RCW 43.72.080 and 1993 c 492 s 425;

      (12) RCW 43.72.090 and 1995 c 2 s 1 & 1993 c 492 s 427;

      (13) RCW 43.72.100 and 1993 c 492 s 428;

      (14) RCW 43.72.110 and 1993 c 492 s 429;

      (15) RCW 43.72.120 and 1993 c 492 s 430;

      (16) RCW 43.72.130 and 1993 c 492 s 449;

      (17) RCW 43.72.140 and 1993 c 492 s 450;

      (18) RCW 43.72.150 and 1993 c 492 s 451;

      (19) RCW 43.72.160 and 1993 c 492 s 452;

      (20) RCW 43.72.170 and 1995 c 2 s 2 & 1993 c 492 s 453;

      (21) RCW 43.72.180 and 1993 c 492 s 454;

      (22) RCW 43.72.190 and 1993 c 492 s 455;

      (23) RCW 43.72.210 and 1993 c 492 s 463;

      (24) RCW 43.72.220 and 1993 c 494 s 3 & 1993 c 492 s 464;

      (25) RCW 43.72.225 and 1994 c 4 s 4;

      (26) RCW 43.72.230 and 1993 c 492 s 465;

      (27) RCW 43.72.240 and 1993 c 494 s 4 & 1993 c 492 s 466;

      (28) ((RCW 43.72.300 and 1993 c 492 s 447;

      (29) RCW 43.72.310 and 1993 c 492 s 448;

      (30))) RCW 43.72.800 and 1993 c 492 s 457;

      (((31))) (29) RCW 43.72.810 and 1993 c 492 s 474;

      (((32))) (30) RCW 43.72.820 and 1993 c 492 s 475;

      (((33))) (31) RCW 43.72.830 and 1993 c 492 s 476;

      (((34))) (32) RCW 43.72.840 and 1993 c 492 s 478;

      (((35))) (33) RCW 43.72.870 and 1993 c 494 s 5;

      (((36))) (34) RCW 48.01.200 and 1993 c 492 s 294;

      (((37))) (35) RCW 48.43.010 and 1993 c 492 s 432;

      (((38))) (36) RCW 48.43.020 and 1993 c 492 s 433;

      (((39))) (37) RCW 48.43.030 and 1993 c 492 s 434;

      (((40))) (38) RCW 48.43.040 and 1993 c 492 s 435;

      (((41))) (39) RCW 48.43.050 and 1993 c 492 s 436;

      (((42))) (40) RCW 48.43.060 and 1993 c 492 s 437;

      (((43))) (41) RCW 48.43.070 and 1993 c 492 s 438;

      (((44))) (42) RCW 48.43.080 and 1993 c 492 s 439;

      (((45))) (43) RCW 48.43.090 and 1993 c 492 s 440;

      (((46))) (44) RCW 48.43.100 and 1993 c 492 s 441;

      (((47))) (45) RCW 48.43.110 and 1993 c 492 s 442;

      (((48))) (46) RCW 48.43.120 and 1993 c 492 s 443;

      (((49))) (47) RCW 48.43.130 and 1993 c 492 s 444;

      (((50))) (48) RCW 48.43.140 and 1993 c 492 s 445;

      (((51))) (49) RCW 48.43.150 and 1993 c 492 s 446;

      (((52))) (50) RCW 48.43.160 and 1993 c 492 s 426;

      (((53))) (51) RCW 48.43.170 and 1993 c 492 s 431;

      (((54))) (52) RCW 48.01.210 and 1993 c 462 s 51;

      (((55))) (53) RCW 48.20.540 and 1993 c 492 s 283;

      (((56))) (54) RCW 48.21.340 and 1993 c 492 s 284;

      (((57))) (55) RCW 48.44.480 and 1993 c 492 s 285;

      (((58))) (56) RCW 48.46.550 and 1993 c 492 s 286;

      (((59))) (57) RCW 70.170.100 and 1993 c 492 s 259, 1990 c 269 s 12, & 1989 1st ex.s. c 9 s 510;

      (((60))) (58) RCW 70.170.110 and 1993 c 492 s 260 & 1989 1st ex.s. c 9 s 511;

      (((61))) (59) RCW 70.170.120 and 1993 c 492 s 261;

      (((62))) (60) RCW 70.170.130 and 1993 c 492 s 262;

      (((63))) (61) RCW 70.170.140 and 1993 c 492 s 263;

      (((64))) (62) RCW 48.44.490 and 1993 c 492 s 288;

      (((65))) (63) RCW 48.46.560 and 1993 c 492 s 289; and

      (((66))) (64) RCW 43.72.200 and 1993 c 492 s 456.

      NEW SECTION. Sec. 12. REPEALERS. The following acts or parts of acts are each repealed:

      (1) RCW 70.170.100 and 1993 c 492 s 259, 1990 c 269 s 12, & 1989 1st ex.s. c 9 s 510;

      (2) RCW 70.170.110 and 1993 c 492 s 260 & 1989 1st ex.s. c 9 s 511;

      (3) RCW 70.170.120 and 1993 c 492 s 261;

      (4) RCW 70.170.130 and 1993 c 492 s 262;

      (5) RCW 70.170.140 and 1993 c 492 s 263; and

      (6) RCW 43.72.070 and 1993 c 492 s 409.

      NEW SECTION. Sec. 13. RCW 70.170.080 and 1993 sp.s. c 24 s 925, 1991 sp.s. c 13 s 71, & 1989 1st ex.s. c 9 s 508 are each repealed.

      NEW SECTION. Sec. 14. If specific funding through the health services account to continue the comprehensive hospital abstract reporting system is not provided by June 30, 1995, in the omnibus appropriations act, section 13 of this act is null and void.

      NEW SECTION. Sec. 15. CODIFICATION. Sections 1 through 4 of this act are each added to chapter 43.70 RCW.

      NEW SECTION. Sec. 16. CAPTIONS. Captions as used in this act constitute no part of the law.

      NEW SECTION. Sec. 17. SEVERABILITY. 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. 18. EMERGENCY CLAUSE--EFFECTIVE DATE. 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, except sections 8 through 11 of this act which shall take effect immediately."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Deccio, Winsley, Moyer, Ann Anderson, Palmer and Owen to Engrossed Substitute House Bill No. 1589.

      The motion by Senator Deccio carried and the striking amendment was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "assurance;" strike the remainder of the title and insert "amending RCW 43.70.510 and 43.72.310; amending 1995 c . . . (ESHB 1046) s 27 (uncodified); reenacting and amending RCW 42.17.310; adding new sections to chapter 43.70 RCW; adding a new section to chapter 43.72 RCW; creating new sections; repealing RCW 70.170.100, 70.170.110, 70.170.120, 70.170.130, 70.170.140, 43.72.070, and 70.170.080; providing an effective date; and declaring an emergency."


      On motion of Senator Quigley, the rules were suspended, Engrossed Substitute House Bill No. 1589, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Franklin: "Senator Moyer, as you and I worked together on the Health Care Committee, both of us were quite interested in data and the needs of data in order to do a better job in regards to the citizens of our state and to consumers. Now, with this amendment, do you foresee that that will be accomplished in order for us to have the needed information instead of distant pieces in a correlated form?"

      Senator Moyer: "Yes ma'am, I do. If I may Mr. President, I would like to quote from the bill. It says, 'The Department of Health, in consultation with the Health Policy Board, shall study the feasibility of a uniform quality assurance and improvement program for use by all public and private health plans and health care providers and facilities. In this study, the Department shall consult with public and private purchasers of health care services, health carriers, health care providers and facilities and consumers of health services. In conducting this study,' and so on."

      Senator Franklin: "Thank you. In regards, to Section 4 of the amendment, are these entities--will they be included in this study which also speaks to--"

      Senator Moyer: "Is this in regards to Section 4, Senator?"

      Senator Franklin: "Yes, Senator. Will this entity in Section 4 be a part of the study and the collection as we move toward a data system?"

      Senator Moyer: "As I understand the bill, as it stands, my impression would be 'yes,' very much so."

      Senator Franklin: "Thank you, Senator."

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1589, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1589, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 44.

      Voting nay: Senators Fairley, Prentice and Wojahn - 3.

      Excused: Senators Anderson, C. and Hochstatter - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1589, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 21, 1995

MR. PRESIDENT:

      The House refuses to grant the Senate's request for a conference on SUBSTITUTE SENATE BILL NO. 5141, insists on its position regarding the House amendment(s) and again asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Smith, the Senate refuses to concur in the House amendment(s) to Substitute Senate Bill No. 5141 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 21, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5739 and once again asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Snyder, the Senate refuses to concur in the House amendment(s) to Substitute Senate Bill No. 5739 and once again asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 22, 1995

MR. PRESIDENT:

      The House suspended the rules and adopted the Report of the Conference Committee on ENGROSSED SENATE BILL NO. 5011 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


ESB 5011                                                                                                                                                                                       April 22, 1995


Includes "NEW ITEM": YES


AN ACT relating to forest products


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SENATE BILL NO. 5011, AN ACT relating to forest products, have had the same under consideration and we recommend that:

      The House Natural Resources Committee amendment, adopted April 12, 1995, not be adopted, and the following striking amendment by the Conference Committee be adopted:

      Strike everything after the enacting clause and insert the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the departments of natural resources and fish and wildlife. Primary enforcement responsibility lies in the county sheriffs and their deputies. The legislature encourages county sheriffs' offices to enter into interlocal agreements with these other agencies in order to receive additional assistance with their enforcement responsibilities.

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

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

      (1) The date of its execution and expiration;

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

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

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

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

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

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

      (8) The number from some type of valid picture identification; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (1) Nursery grown products.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      County sheriffs may contract with other entities to serve as authorized agents to validate specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs' departments. An entity that contracts with a county sheriff to serve as an authorized agent to validate specialized forest product permits may make reasonable efforts to verify the information provided on the permit form such as the section, township, and range of the area where harvesting is to occur.

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

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

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

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

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

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

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

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

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

      NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      On page 1, line 1 of the title, after "products;" strike the remainder of the title and insert "amending RCW 76.48.020, 76.48.030, 76.48.040, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, and 76.48.130; adding new sections to chapter 76.48 RCW; and repealing RCW 76.48.092.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Owen, Strannigan, Drew; Representatives Buck, Beeksma, Sheldon.


MOTION


      On motion of Senator Drew, the Senate adopted the Report of the Conference Committee on Engrossed Senate Bill No. 5011.


MOTION


      On motion of Senator Loveland, Senator Rinehart was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5011, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5011, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hochstatter and Rinehart - 3.

      ENGROSSED SENATE BILL NO. 5011, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 22, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5365 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


SSB 5365                                                                                                                                                                                        April 23, 1995


Includes "NEW ITEM": NO


Revising the uniform disciplinary act


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE SENATE BILL NO. 5365, revising the uniform disciplinary act, have had the same under consideration and we recommend that the House Committee on Health Care amendment adopted April 6, 1995, be adopted with the following changes:

      On page 14, beginning on line 21, after "standards", strike everything through "act" on line 23

      On page 14, beginning on line 33, strike all of section 11

      Renumber the remaining sections consecutively., and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Quigley, Deccio, Fairley; Representatives Dyer, Cody, Backlund.


MOTION


      On motion of Senator Wood, the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5365.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5365, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5365, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Absent: Senators Long and McCaslin - 2.

      Excused: Senators Anderson, C., Hochstatter and Rinehart - 3.

      SUBSTITUTE SENATE BILL NO. 5365, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 22, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SENATE BILL NO. 5434 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


SB 5434                                                                                                                                                                                          April 21, 1995


Includes "NEW ITEM": No


Amending licensing requirements of general agents


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred SENATE BILL NO. 5434, amending licensing requirements of general agents, have had the same under consideration and we recommend that the bill do pass without the amendment adopted by the House on April 6, 1995, and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Prentice, Hale, Fraser; Representatives L. Thomas, Smith and Wolfe.


MOTION


      On motion of Senator Prentice, the Senate adopted the Report of the Conference Committee on Senate Bill No. 5434.


MOTION


      On motion of Senator Wood, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5434, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5434, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Hochstatter, McCaslin and Rinehart - 4.

      SENATE BILL NO. 5434, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 21, 1995

MR. PRESIDENT:

      Under the suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 5684 was returned to second reading for purpose of amendments. The following amendments were adopted and the bill passed the House as amended:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 42.17.020 and 1992 c 139 s 1 are each amended to read as follows:

      (1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

      (2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

      (3) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

      (((3))) (4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

      (5) "Bona fide political party" means:

      (a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29.24 RCW;

      (b) The governing body of the state organization of a major political party, as defined in RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

      (c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.

      (6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

      (((4))) (7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

      (((5))) (8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual ((shall be deemed to seek)) seeks nomination or election when he or she first:

      (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office; ((or))

      (b) Announces publicly or files for office;

      (c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or

      (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

      (9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

      (((6))) (10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

      (((7))) (11) "Commission" means the agency established under RCW 42.17.350.

      (((8))) (12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

      (((9))) (13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

      (((10))) (14)(a) "Contribution" includes:

      (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or ((transfer of)) anything of value, including personal and professional services for less than full consideration((, but does not include interest on moneys deposited in a political committee's account, ordinary home hospitality and the rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. Volunteer services, for the purposes of this chapter, means services or labor for which the individual is not compensated by any person. For the purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets to fund-raising events such as dinners and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost of consumables furnished in connection with the purchase of the tickets, and only the excess over the actual cost of the consumables shall be deemed a contribution));

      (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

      (iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

      (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

      (b) "Contribution" does not include:

      (i) Standard interest on money deposited in a political committee's account;

      (ii) Ordinary home hospitality;

      (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

      (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

      (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

      (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

      (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

      (viii) Legal or accounting services rendered to or on behalf of:

      (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

      (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

      (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

      (((11))) (15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

      (((12))) (16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

      (((13))) (17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

      (((14))) (18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

      (19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

      (((15))) (20) "Final report" means the report described as a final report in RCW 42.17.080(2).

      (((16))) (21) "General election" means the election that results in the election of a person to a state office. It does not include a primary.

      (22) "Gift," ((for the purposes of RCW 42.17.170 and 42.17.2415, means a rendering of anything of value in return for which reasonable consideration is not given and received and includes a rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, or reimbursements from or payments by persons (other than the federal government, or the state of Washington or any agency or political subdivision thereof) for travel or anything else of value. The term "reasonable consideration" refers to the approximate range of consideration that exists in transactions not involving donative intent. However, the value of the gift of partaking in a single hosted reception shall be determined by dividing the total amount of the cost of conducting the reception by the total number of persons partaking in the reception. "Gift" for the purposes of RCW 42.17.170 and 42.17.2415 does not include:

      (a) A gift, other than a gift of partaking in a hosted reception, with a value of fifty dollars or less;

      (b) The gift of partaking in a hosted reception if the value of the gift is one hundred dollars or less;

      (c) A contribution that is required to be reported under RCW 42.17.090 or 42.17.243;

      (d) Informational material that is transferred for the purpose of informing the recipient about matters pertaining to official business of the governmental entity of which the recipient is an official or officer, and that is not intended to confer on that recipient any commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of any commercial, proprietary, financial, economic, or monetary disadvantage;

      (e) A gift that is not used and that, within thirty days after receipt, is returned to the donor or delivered to a charitable organization. However, this exclusion from the definition does not apply if the recipient of the gift delivers the gift to a charitable organization and claims the delivery as a charitable contribution for tax purposes;

      (f) A gift given under circumstances where it is clear beyond any doubt that the gift was not made as part of any design to gain or maintain influence in the governmental entity of which the recipient is an officer or official or with respect to any legislative matter or matters of that governmental entity; or

      (g) A gift given prior to September 29, 1991)) is as defined in RCW 42.52.010.

      (((17))) (23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

      (24) "Independent expenditure" means an expenditure that has each of the following elements:

      (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

      (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

      (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

      (25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

      (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

      (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

      (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

      (((18))) (26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

      (((19))) (27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

      (((20))) (28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

      (((21))) (29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

      (((22))) (30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

      (((23))) (31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

      (((24))) (32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

      (((25))) (33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

      (((26))) (34) "Primary" means the procedure for nominating a candidate to state office under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW.

      (35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

      (((27))) (36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

      (((28))) (37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29.82.015 and ending thirty days after the recall election.

      (38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

      (39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

      (40) "State official" means a person who holds a state office.

      (41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

      (((29))) (42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

      As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

      Sec. 2. RCW 42.17.080 and 1989 c 280 s 8 are each amended to read as follows:

      (1) On the day the treasurer is designated, each candidate or political committee shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the treasurer resides, in addition to any statement of organization required under RCW 42.17.040 or 42.17.050, a report of all contributions received and expenditures made prior to that date, if any.

      (2) At the following intervals each treasurer shall file with the commission and the county auditor or elections officer of the county in which the candidate resides, or in the case of a political committee, the county in which the committee maintains its office or headquarters, and if there is no office or headquarters then in the county in which the treasurer resides, a report containing the information required by RCW 42.17.090:

      (a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and

      (b) On the tenth day of the first month after the election: PROVIDED, That this report shall not be required following a primary election from:

      (i) A candidate whose name will appear on the subsequent general election ballot; or

      (ii) Any continuing political committee; and

      (c) On the tenth day of each month in which no other reports are required to be filed under this section: PROVIDED, That such report shall only be filed if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed two hundred dollars.

      When there is no outstanding debt or obligation, and the campaign fund is closed, and the campaign is concluded in all respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report. Upon submitting a final report, the duties of the treasurer shall cease and there shall be no obligation to make any further reports.

       The report filed twenty-one days before the election shall report all contributions received and expenditures made as of the end of the fifth business day before the date of the report. The report filed seven days before the election shall report all contributions received and expenditures made as of the end of the one business day before the date of the report. Reports filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the month preceding the date of the current report.

      (3) For the period beginning the first day of the fourth month preceding the date on which the special or general election is held and ending on the date of that election, each Friday the treasurer shall file with the commission and the appropriate county elections officer a report of each ((contribution received)) bank deposit made during ((that period at the time that contribution is deposited pursuant to RCW 42.17.060(1))) the previous seven calendar days. The report shall contain the name of each person contributing the funds so deposited and the amount contributed by each person. However, contributions of no more than twenty-five dollars in the aggregate from any one person may be deposited without identifying the contributor. A copy of the report shall be retained by the treasurer for his or her records. In the event of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer ((to be retained by him)) for his or her records. Each report shall be certified as correct by the treasurer or deputy treasurer making the deposit.

      (4) The treasurer or candidate shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure. During the eight days immediately preceding the date of the election the books of account shall be kept current within one business day and shall be open for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission. The treasurer or candidate shall preserve books of account, bills, receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.

      (5) All reports filed pursuant to subsections (1) or (2) of this section shall be certified as correct by the candidate and the treasurer.

      (6) Copies of all reports filed pursuant to this section shall be readily available for public inspection for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission.

      (7) The commission shall adopt administrative rules establishing requirements for filer participation in any system designed and implemented by the commission for the electronic filing of reports.

      Sec. 3. RCW 42.17.090 and 1993 c 256 s 6 are each amended to read as follows:

      (1) Each report required under RCW 42.17.080 (1) and (2) shall disclose the following:

      (a) The funds on hand at the beginning of the period;

      (b) Only the name and address of each person who has made one or more contributions during the period, together with the money value and date of such contributions and the aggregate value of all contributions received from each such person during the campaign or in the case of a continuing political committee, the current calendar year: PROVIDED, That pledges in the aggregate of less than one hundred dollars from any one person need not be reported: PROVIDED FURTHER, That the income which results from a fund-raising activity conducted in accordance with RCW 42.17.067 may be reported as one lump sum, with the exception of that portion of such income which was received from persons whose names and addresses are required to be included in the report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than twenty-five dollars in the aggregate from any one person during the election campaign may be reported as one lump sum so long as the campaign treasurer maintains a separate and private list of the name, address, and amount of each such contributor: PROVIDED FURTHER, That the money value of contributions of postage shall be the face value of such postage;

      (c) Each loan, promissory note, or security instrument to be used by or for the benefit of the candidate or political committee made by any person, together with the names and addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such loan, promissory note, or security instrument;

      (d) All other contributions not otherwise listed or exempted;

      (e) ((The name and address of each candidate or political committee to which any transfer of funds was made, together with the amounts and dates of such transfers;

      (f))) The name and address of each person to whom an expenditure was made in the aggregate amount of more than fifty dollars during the period covered by this report, and the amount, date, and purpose of each such expenditure. ((A candidate for state executive or state legislative office or the political committee of such a candidate shall report this information for an expenditure under one of the following categories, whichever is appropriate: (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed public office-related expenses; (iii) expenditures required to be reported under (e) of this subsection; or (iv) expenditures of surplus funds and other expenditures. The report of such a candidate or committee shall contain a separate total of expenditures for each category and a total sum of all expenditures. Other candidates and political committees need not report information regarding expenditures under the categories listed in (i) through (iv) of this subsection or under similar such categories unless required to do so by the commission by rule.)) The report ((of such an other candidate or committee shall)) must also contain the total sum of all expenditures;

      (((g))) (f) The name and address of each person to whom any expenditure was made directly or indirectly to compensate the person for soliciting or procuring signatures on an initiative or referendum petition, the amount of such compensation to each such person, and the total of the expenditures made for this purpose. Such expenditures shall be reported under this subsection (1)(((g))) (f) whether the expenditures are or are not also required to be reported under (((f))) (e) of this subsection;

      (((h))) (g) The name and address of any person and the amount owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or in the amount of more than fifty dollars that has been outstanding for over thirty days;

      (((i))) (h) The surplus or deficit of contributions over expenditures;

      (((j))) (i) The disposition made in accordance with RCW 42.17.095 of any surplus funds;

      (((k))) (j) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter; and

      (((l))) (k) Funds received from a political committee not otherwise required to report under this chapter (a "nonreporting committee"). Such funds shall be forfeited to the state of Washington unless the nonreporting committee has filed or within ten days following such receipt files with the commission a statement disclosing: (i) Its name and address; (ii) the purposes of the nonreporting committee; (iii) the names, addresses, and titles of its officers or if it has no officers, the names, addresses, and titles of its responsible leaders; (iv) the name, office sought, and party affiliation of each candidate in the state of Washington whom the nonreporting committee is supporting, and, if such committee is supporting the entire ticket of any party, the name of the party; (v) the ballot proposition supported or opposed in the state of Washington, if any, and whether such committee is in favor of or opposed to such proposition; (vi) the name and address of each person residing in the state of Washington or corporation which has a place of business in the state of Washington who has made one or more contributions in the aggregate of more than twenty-five dollars to the nonreporting committee during the current calendar year, together with the money value and date of such contributions; (vii) the name and address of each person in the state of Washington to whom an expenditure was made by the nonreporting committee on behalf of a candidate or political committee in the aggregate amount of more than fifty dollars, the amount, date, and purpose of such expenditure, and the total sum of such expenditures; (viii) such other information as the commission may prescribe by rule, in keeping with the policies and purposes of this chapter. A nonreporting committee incurring an obligation to file additional reports in a calendar year may satisfy the obligation by filing with the commission a letter providing updating or amending information.

      (2) The treasurer and the candidate shall certify the correctness of each report.

      Sec. 4. RCW 42.17.105 and 1991 c 157 s 1 are each amended to read as follows:

      (1) Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution or aggregate of contributions which: Exceeds five hundred dollars; is from a single person or entity; and is received during a special reporting period.

      Any political committee making a contribution or an aggregate of contributions to a single entity which exceeds five hundred dollars shall also prepare and deliver to the commission the special report if the contribution or aggregate of contributions is made during a special reporting period.

      For the purposes of subsections (1) through (7) of this section:

      (a) Each of the following intervals is a special reporting period: (i) The interval beginning after the period covered by the last report required by RCW 42.17.080 and 42.17.090 to be filed before a primary and concluding on the end of the day before that primary; and (ii) the interval composed of the twenty-one days preceding a general election; and

      (b) An aggregate of contributions includes only those contributions received from a single entity during any one special reporting period or made by the contributing political committee to a single entity during any one special reporting period.

      (2) If a campaign treasurer files a special report under this section for one or more contributions received from a single entity during a special reporting period, the treasurer shall also file a special report under this section for each subsequent contribution of any size which is received from that entity during the special reporting period. If a political committee files a special report under this section for a contribution or contributions made to a single entity during a special reporting period, the political committee shall also file a special report for each subsequent contribution of any size which is made to that entity during the special reporting period.

      (3) Except as provided in subsection (4) of this section, the special report required by this section shall be delivered electronically or in written form, including but not limited to mailgram, telegram, or nightletter. The special report required of a contribution recipient by subsection (1) of this section shall be delivered to the commission within forty-eight hours of the time, or on the first working day after: The contribution exceeding five hundred dollars is received by the candidate or treasurer; the aggregate received by the candidate or treasurer first exceeds five hundred dollars; or the subsequent contribution that must be reported under subsection (2) of this section is received by the candidate or treasurer. The special report required of a contributor by subsection (1) of this section or RCW 42.17.175 shall be delivered to the commission, and the candidate or political committee to whom the contribution or contributions are made, within twenty-four hours of the time, or on the first working day after: The contribution is made; the aggregate of contributions made first exceeds five hundred dollars; or the subsequent contribution that must be reported under subsection (2) of this section is made.

      (4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period required by subsection (3) of this section if the written form of the report is also mailed to the commission and postmarked within the delivery period established in subsection (3) of this section or the file transfer date of the electronic filing is within the delivery period established in subsection (3) of this section.

      (5) The special report shall include at least:

      (a) The amount of the contribution or contributions;

      (b) The date or dates of receipt;

      (c) The name and address of the donor;

      (d) The name and address of the recipient; and

      (e) Any other information the commission may by rule require.

      (6) Contributions reported under this section shall also be reported as required by other provisions of this chapter.

      (7) The commission shall ((publish)) prepare daily a summary of the special reports made under this section and RCW 42.17.175.

      (8) It is a violation of this chapter for any person to make, or for any candidate or political committee to accept from any one person, contributions reportable under RCW 42.17.090 in the aggregate exceeding fifty thousand dollars for any campaign for state-wide office or exceeding five thousand dollars for any other campaign subject to the provisions of this chapter within twenty-one days of a general election. This subsection does not apply to contributions made by, or accepted from, a ((major Washington state)) bona fide political party as defined in ((RCW 29.01.090)) this chapter, excluding the county central committee or legislative district committee.

      (9) Contributions governed by this section include, but are not limited to, contributions made or received indirectly through a third party or entity whether the contributions are or are not reported to the commission as earmarked contributions under RCW 42.17.135.

      Sec. 5. RCW 42.17.132 and 1993 c 2 s 25 are each amended to read as follows:

      ((During the twelve-month period preceding the expiration of a state legislator's term in office, no incumbent to that office may mail to a constituent at public expense a letter, newsletter, brochure, or other piece of literature that is not in direct response to that constituent's request for a response or for information. However,))

      During the twelve-month period preceding the last day for certification of the election results for a state legislator's election to office, the legislator may not mail to a constituent at public expense a letter, newsletter, brochure, or other piece of literature except as provided in this section.

      The legislator may mail one mailing ((mailed within)) no later than thirty days after the start of a regular legislative session and one mailing ((mailed within)) no later than sixty days after the end of a regular legislative session of identical newsletters to constituents ((are permitted)).

      The legislator may mail an individual letter to an individual constituent who (1) has contacted the legislator regarding the subject matter of the letter during the legislator's current term of office; or (2) holds a governmental office with jurisdiction over the subject matter of the letter.

      A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW ((42.17.130)) 42.52.180.

      The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings, including but not limited to production costs, printing costs, and postage.

      Sec. 6. RCW 42.17.155 and 1985 c 367 s 8 are each amended to read as follows:

      Each lobbyist shall at the time he or she registers submit to the commission a recent photograph of himself or herself of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, the length of his or her employment as a lobbyist before the legislature, a brief biographical description, and any other information he or she may wish to submit not to exceed fifty words in length. Such photograph and information shall be published at least ((annually)) biennially in a booklet form by the commission for distribution to legislators and the public.

      Sec. 7. RCW 42.17.190 and 1986 c 239 s 1 are each amended to read as follows:

      (1) ((Every legislator and every committee of the legislature shall file with the commission quarterly reports listing the names, addresses, and salaries of all persons employed by the person or committee making the filing for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties of such legislator or committee during the preceding quarter. The reports shall be made in the form and the manner prescribed by the commission and shall be filed between the first and tenth days of each calendar quarter: PROVIDED, That the information required by this subsection may be supplied, insofar as it is available, by the chief clerk of the house of representatives or by the secretary of the senate on a form prepared by the commission.)) The house of representatives and the senate shall report annually: The total budget; the portion of the total attributed to staff; and the number of full-time and part-time staff positions by assignment, with dollar figures as well as number of positions.

      (2) Unless authorized by subsection (3) of this section or otherwise expressly authorized by law, no public funds may be used directly or indirectly for lobbying: PROVIDED, This does not prevent officers or employees of an agency from communicating with a member of the legislature on the request of that member; or communicating to the legislature, through the proper official channels, requests for legislative action or appropriations which are deemed necessary for the efficient conduct of the public business or actually made in the proper performance of their official duties: PROVIDED FURTHER, That this subsection does not apply to the legislative branch.

      (3) Any agency, not otherwise expressly authorized by law, may expend public funds for lobbying, but such lobbying activity shall be limited to (a) providing information or communicating on matters pertaining to official agency business to any elected official or officer or employee of any agency or (b) advocating the official position or interests of the agency to any elected official or officer or employee of any agency: PROVIDED, That public funds may not be expended as a direct or indirect gift or campaign contribution to any elected official or officer or employee of any agency. For the purposes of this subsection, the term "gift" means a voluntary transfer of any thing of value without consideration of equal or greater value, but does not include informational material transferred for the sole purpose of informing the recipient about matters pertaining to official agency business((: PROVIDED FURTHER, That)). This section does not permit the printing of a state publication which has been otherwise prohibited by law.

      (4) No elective official or any employee of his or her office or any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, in any effort to support or oppose an initiative to the legislature. "Facilities of a public office or agency" has the same meaning as in RCW 42.17.130 and 42.52.180. The provisions of this subsection shall not apply to the following activities:

      (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

      (b) A statement by an elected official in support of or in opposition to any initiative to the legislature at an open press conference or in response to a specific inquiry;

      (c) Activities which are part of the normal and regular conduct of the office or agency;

      (d) Activities conducted regarding an initiative to the legislature that would be permitted under RCW 42.17.130 and 42.52.180 if conducted regarding other ballot measures.

      (5) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district which expends public funds for lobbying shall file with the commission, except as exempted by (d) of this subsection, quarterly statements providing the following information for the quarter just completed:

      (a) The name of the agency filing the statement;

      (b) The name, title, and job description and salary of each elected official, officer, or employee who lobbied, a general description of the nature of the lobbying, and the proportionate amount of time spent on the lobbying;

      (c) A listing of expenditures incurred by the agency for lobbying including but not limited to travel, consultant or other special contractual services, and brochures and other publications, the principal purpose of which is to influence legislation;

      (d) For purposes of this subsection the term "lobbying" does not include:

      (i) Requests for appropriations by a state agency to the office of financial management pursuant to chapter 43.88 RCW nor requests by the office of financial management to the legislature for appropriations other than its own agency budget requests;

      (ii) Recommendations or reports to the legislature in response to a legislative request expressly requesting or directing a specific study, recommendation, or report by an agency on a particular subject;

      (iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a state agency as required by law;

      (iv) Requests, recommendations, or other communication between or within state agencies or between or within local agencies;

      (v) Any other lobbying to the extent that it includes:

      (A) Telephone conversations or preparation of written correspondence;

      (B) In-person lobbying on behalf of an agency of no more than four days or parts thereof during any three-month period by officers or employees of that agency and in-person lobbying by any elected official of such agency on behalf of such agency or in connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington do not exceed fifteen dollars for any three-month period: PROVIDED FURTHER, That the exemption under this subsection is in addition to the exemption provided in (A) of this subsection;

      (C) Preparation or adoption of policy positions.

      The statements shall be in the form and the manner prescribed by the commission and shall be filed within one month after the end of the quarter covered by the report.

      (6) In lieu of reporting under subsection (5) of this section any county, city, town, municipal corporation, quasi municipal corporation, or special purpose district may determine and so notify the public disclosure commission, that elected officials, officers, or employees who on behalf of any such local agency engage in lobbying reportable under subsection (5) of this section shall register and report such reportable lobbying in the same manner as a lobbyist who is required to register and report under RCW 42.17.150 and 42.17.170. Each such local agency shall report as a lobbyist employer pursuant to RCW 42.17.180.

      (7) The provisions of this section do not relieve any elected official or officer or employee of an agency from complying with other provisions of this chapter, if such elected official, officer, or employee is not otherwise exempted.

      (8) The purpose of this section is to require each state agency and certain local agencies to report the identities of those persons who lobby on behalf of the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency's funds for that purpose. This section shall be reasonably construed to accomplish that purpose and not to require any agency to report any of its general overhead cost or any other costs which relate only indirectly or incidentally to lobbying or which are equally attributable to or inseparable from nonlobbying activities of the agency.

      The public disclosure commission may adopt rules clarifying and implementing this legislative interpretation and policy.

      Sec. 8. RCW 42.17.240 and 1993 c 2 s 31 are each amended to read as follows:

      (1) Every elected official and every executive state officer shall after January 1st and before April 15th of each year file with the commission a statement of financial affairs for the preceding calendar year. However, any local elected official whose term of office expires immediately after December 31st shall file the statement required to be filed by this section for the year that ended on that December 31st. ((In addition to and in conjunction with the statement of financial affairs, every official and officer shall file a statement describing any gifts received during the preceding calendar year.))

      (2) Every candidate shall within two weeks of becoming a candidate file with the commission a statement of financial affairs for the preceding twelve months.

      (3) Every person appointed to a vacancy in an elective office or executive state officer position shall within two weeks of being so appointed file with the commission a statement of financial affairs for the preceding twelve months.

      (4) A statement of a candidate or appointee filed during the period from January 1st to April 15th shall cover the period from January 1st of the preceding calendar year to the time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file a statement covering the entire preceding calendar year.

      (5) No individual may be required to file more than once in any calendar year.

      (6) Each statement of financial affairs filed under this section shall be sworn as to its truth and accuracy.

      (7) Every elected official and every executive state officer shall file with their statement of financial affairs a statement certifying that they have read and are familiar with RCW 42.17.130 or 42.52.180, whichever is applicable.

      (8) For the purposes of this section, the term "executive state officer" includes those listed in RCW 42.17.2401.

      (((8))) (9) This section does not apply to incumbents or candidates for a federal office or the office of precinct committee officer.

      Sec. 9. RCW 42.17.241 and 1984 c 34 s 3 are each amended to read as follows:

      FINANCIAL AFFAIRS REPORT--GIFTS. (1) The statement of financial affairs required by RCW 42.17.240 shall disclose for the reporting individual and each member of his or her immediate family:

      (a) Occupation, name of employer, and business address; and

      (b) Each bank or savings account or insurance policy in which any such person or persons owned a direct financial interest that exceeded five thousand dollars at any time during the reporting period; each other item of intangible personal property in which any such person or persons owned a direct financial interest, the value of which exceeded five hundred dollars during the reporting period; the name, address, and nature of the entity; and the nature and highest value of each such direct financial interest during the reporting period; and

      (c) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the original amount of each debt to each such creditor; the amount of each debt owed to each creditor as of the date of filing; the terms of repayment of each such debt; and the security given, if any, for each such debt: PROVIDED, That debts arising out of a "retail installment transaction" as defined in chapter 63.14 RCW (Retail Installment Sales Act) need not be reported; and

      (d) Every public or private office, directorship, and position held as trustee; and

      (e) All persons for whom any legislation, rule, rate, or standard has been prepared, promoted, or opposed for current or deferred compensation: PROVIDED, That for the purposes of this subsection, "compensation" does not include payments made to the person reporting by the governmental entity for which such person serves as an elected official or state executive officer or professional staff member for his service in office; the description of such actual or proposed legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid; and

      (f) The name and address of each governmental entity, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from whom compensation has been received in any form of a total value of five hundred dollars or more; the value of the compensation; and the consideration given or performed in exchange for the compensation; and

      (g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any office, directorship, or any general partnership interest, or an ownership interest of ten percent or more; the name or title of that office, directorship, or partnership; the nature of ownership interest; and with respect to each such entity: (i) With respect to a governmental unit in which the official seeks or holds any office or position, if the entity has received compensation in any form during the preceding twelve months from the governmental unit, the value of the compensation and the consideration given or performed in exchange for the compensation; (ii) the name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from which the entity has received compensation in any form in the amount of two thousand five hundred dollars or more during the preceding twelve months and the consideration given or performed in exchange for the compensation: PROVIDED, That the term "compensation" for purposes of this subsection (1)(g)(ii) does not include payment for water and other utility services at rates approved by the Washington state utilities and transportation commission or the legislative authority of the public entity providing the service: PROVIDED, FURTHER, That with respect to any bank or commercial lending institution in which is held any office, directorship, partnership interest, or ownership interest, it shall only be necessary to report either the name, address, and occupation of every director and officer of the bank or commercial lending institution and the average monthly balance of each account held during the preceding twelve months by the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a borrower on loans from and all interest paid to a depositor by the bank or commercial lending institution if the interest exceeds six hundred dollars; and

      (h) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year, and a statement of the amount and nature of the financial interest and of the consideration given in exchange for that interest; and

      (i) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year, and a statement of the amount and nature of the consideration received in exchange for that interest, and the name and address of the person furnishing the consideration; and

      (j) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which a direct financial interest was held: PROVIDED, That if a description of the property has been included in a report previously filed, the property may be listed, for purposes of this provision, by reference to the previously filed report; and

      (k) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds five thousand dollars, in which a corporation, partnership, firm, enterprise, or other entity had a direct financial interest, in which corporation, partnership, firm, or enterprise a ten percent or greater ownership interest was held; and

      (l) A list of each occasion, specifying date, donor, and amount, at which food and beverage in excess of fifty dollars was accepted under RCW 42.52.150(5);

      (m) A list of each occasion, specifying date, donor, and amount, at which items specified in RCW 42.52.010(9) (d) and (f) were accepted;

      (n) Such other information as the commission may deem necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by rule.

      (2) Where an amount is required to be reported under subsection (1)((, paragraphs)) (a) through (((k))) (m) of this section, it shall be sufficient to comply with the requirement to report whether the amount is less than one thousand dollars, at least one thousand dollars but less than five thousand dollars, at least five thousand dollars but less than ten thousand dollars, at least ten thousand dollars but less than twenty-five thousand dollars, or twenty-five thousand dollars or more. An amount of stock may be reported by number of shares instead of by market value. No provision of this subsection may be interpreted to prevent any person from filing more information or more detailed information than required.

      (3) Items of value given to an official's or employee's spouse or family member are attributable to the official or employee, except the item is not attributable if an independent business, family, or social relationship exists between the donor and the spouse or family member.

      Sec. 10. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and amended to read as follows:

      For the purposes of RCW 42.17.240, the term "executive state officer" includes:

      (1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, ((the director of trade and economic development,)) the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

      (2) Each professional staff member of the office of the governor;

      (3) Each professional staff member of the legislature; and

      (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, ((oil and gas conservation committee,)) Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

      Sec. 11. RCW 42.17.260 and 1992 c 139 s 3 are each amended to read as follows:

      (1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (6) of this section, RCW 42.17.310, 42.17.315, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency shall delete identifying details in a manner consistent with RCW 42.17.310 and 42.17.315 when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.

      (2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.

      (3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:

      (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

      (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

      (c) Administrative staff manuals and instructions to staff that affect a member of the public;

      (d) Planning policies and goals, and interim and final planning decisions;

      (e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

      (f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

      (4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

      (a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

      (b) Make available for public inspection and copying all indexes maintained for agency use.

      (5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:

      (a) All records issued before July 1, 1990, for which the agency has maintained an index;

      (b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

      (c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

      (d) Interpretive statements as defined in RCW 34.05.010(8) that were entered after June 30, 1990; and

      (e) Policy statements as defined in RCW 34.05.010(14) that were entered after June 30, 1990.

Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.

      (6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if—

      (a) It has been indexed in an index available to the public; or

      (b) Parties affected have timely notice (actual or constructive) of the terms thereof.

      (7) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

      Sec. 12. RCW 42.17.280 and 1973 c 1 s 28 are each amended to read as follows:

      Public records shall be available for inspection and copying during the customary office hours of the agency, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives: PROVIDED, That if the ((agency)) entity does not have customary office hours of at least thirty hours per week, the public records shall be available from nine o'clock a.m. to noon and from one o'clock p.m. to four o'clock p.m. Monday through Friday, excluding legal holidays, unless the person making the request and the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives or its representative agree on a different time.

      Sec. 13. RCW 42.17.290 and 1992 c 139 s 4 are each amended to read as follows:

      Agencies shall adopt and enforce reasonable rules and regulations, and the office of the secretary of the senate and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time, resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives. Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information. Nothing in this section shall relieve agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives from honoring requests received by mail for copies of identifiable public records.

      If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved.

      Sec. 14. RCW 42.17.300 and 1973 c 1 s 30 are each amended to read as follows:

      No fee shall be charged for the inspection of public records. ((Agencies may impose)) A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs incident to such copying.

      Sec. 15. RCW 42.17.320 and 1992 c 139 s 6 are each amended to read as follows:

      Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (3) denying the public record request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.

      NEW SECTION. Sec. 16. A new section is added to chapter 42.17 RCW, to be codified after RCW 42.17.340, to read as follows:

      The procedures in RCW 42.17.340 govern denials of an opportunity to inspect or copy a public record by the office of the secretary of the senate or the office of the chief clerk of the house of representatives.

      Sec. 17. RCW 42.17.370 and 1994 c 40 s 3 are each amended to read as follows:

      The commission is empowered to:

      (1) Adopt, promulgate, amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW. Any rule relating to campaign finance, political advertising, or related forms that would otherwise take effect after June 30th of a general election year shall take effect no earlier than the day following the general election in that year;

      (2) Appoint and set, within the limits established by the committee on agency officials' salaries under RCW 43.03.028, the compensation of an executive director who shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor shall it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations;

      (3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter;

      (4) Make from time to time, on its own motion, audits and field investigations;

      (5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;

      (6) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;

      (7) Adopt and promulgate a code of fair campaign practices;

      (8) Relieve, by rule, candidates or political committees of obligations to comply with the provisions of this chapter relating to election campaigns, if they have not received contributions nor made expenditures in connection with any election campaign of more than one thousand dollars;

      (9) Adopt rules prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information," for the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influence the passage or defeat of any legislation. The state auditor in his or her regular examination of each agency under chapter 43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations in his or her examination reports concerning those agencies;

      (10) After hearing, by order approved and ratified by a majority of the membership of the commission, suspend or modify any of the reporting requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also finds that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his or her immediate family holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required under this section. Requests for renewals of reporting modifications may be heard in a brief adjudicative proceeding as set forth in RCW 34.05.482 through 34.05.494 and in accordance with the standards established in this section. No initial request may be heard in a brief adjudicative proceeding and no request for renewal may be heard in a brief adjudicative proceeding if the initial request was granted more than three years previously or if the applicant is holding an office or position of employment different from the office or position held when the initial request was granted. The commission shall adopt administrative rules governing the proceedings. Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any order entered under this section within one year from the date of the entry of the order; and

      (11) Revise, at least once every five years but no more often than every two years, the monetary reporting thresholds and reporting code values of this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding the month the revision is adopted. As to each of the three general categories of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from the time of the last legislative enactment affecting the respective code or threshold through December 1985;

      (12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of funds.

      Sec. 18. RCW 42.17.420 and 1983 c 176 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, when any application, report, statement, notice, or payment required to be made under the provisions of this chapter has been deposited postpaid in the United States mail properly addressed, it shall be deemed to have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing. The provisions of this section do not apply to reports required to be delivered under RCW 42.17.105 and 42.17.175.

      (2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. Electronic filing may be used for purposes of filing the special reports required to be delivered under RCW 42.17.105 and 42.17.175.

      Sec. 19. RCW 42.17.510 and 1993 c 2 s 22 are each amended to read as follows:

      (1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name. The use of an assumed name shall be unlawful. The party with which a candidate files shall be clearly identified in political advertising for partisan office.

      (2) In addition to the materials required by subsection (1) of this section, all political advertising undertaken as an independent expenditure by a person or entity other than a party organization must include the following statement on the communication "NOTICE TO VOTERS (Required by law): This advertisement is not authorized or approved by any candidate. It is paid for by (name, address, city, state)." If the advertisement undertaken as an independent expenditure is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors," followed by a listing of the names of the five persons or entities making the largest contributions reportable under this chapter during the twelve-month period before the date of the advertisement.

      (3) The statements and listings of contributors required by subsections (1) and (2) of this section shall:

      (a) Appear on ((each)) the first page or fold of the written communication in at least ten-point type, or in type at least ten percent of the largest size type used in a written communication directed at more than one voter, such as a billboard or poster, whichever is larger;

      (b) Not be subject to the half-tone or screening process;

      (c) Be ((in a printed or drawn box)) set apart from any other printed matter; and

      (d) Be clearly spoken on any broadcast advertisement.

      (4) Political yard signs are exempt from the requirement of subsections (1) and (2) of this section that the name and address of the sponsor of political advertising be listed on the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of political advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising where identification is impractical.

      (5) For the purposes of this section, "yard sign" means any outdoor sign with dimensions no greater than eight feet by four feet.

      Sec. 20. RCW 42.17.640 and 1993 c 2 s 4 are each amended to read as follows:

      (1) No person, other than a bona fide political party or a caucus ((of the state legislature)) political committee, may make contributions to a candidate for a state legislative office that in the aggregate exceed five hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.

      (2) No person, other than a bona fide political party or a caucus ((of the state legislature)) political committee, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed five hundred dollars if for a state legislative office or one thousand dollars if for a state office other than a state legislative office.

      (3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus ((of the state legislature)) political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus ((of the state legislature)) political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

      (b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.

      (4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus ((of the state legislature)) political committee may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus ((of the state legislature of [or])) political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

      (b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.

      (5) For purposes of determining contribution limits under subsections (3) and (4) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.

      (6) Notwithstanding subsections (1) through (4) of this section, no person other than an individual, bona fide political party, or caucus ((of the state legislature)) political committee may make contributions reportable under this chapter to a caucus ((of the state legislature)) political committee that in the aggregate exceed five hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed two thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.

      (((6))) (7) For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.

      (((7))) (8) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.

      (((8))) (9) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.

      (((9))) (10) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.

      (((10))) (11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.

      (((11))) (12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the state official.

      (((12))) (13) No person may accept contributions that exceed the contribution limitations provided in this section.

      (14) The following contributions are exempt from the contribution limits of this section:

      (a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or

      (b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.

      Sec. 21. RCW 42.17.680 and 1993 c 2 s 8 are each amended to read as follows:

      (1) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or a part of it, be contributed or spent to support or oppose a candidate, state official against whom recall charges have been filed, political party, or political committee.

      (2) No employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for (((a))) the failure to contribute to((, (b))) or the failure in any way to support or oppose((, or (c) in any way supporting or opposing)) a candidate, ballot proposition, political party, or political committee.

      (3) No employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries may withhold or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions except upon the written request of the employee. The request must be made on a form prescribed by the commission informing the employee of the prohibition against employer and labor organization discrimination described in subsection (2) of this section. The request is valid for no more than twelve months from the date it is made by the employee.

      (4) Each person or entity who withholds contributions under subsection (3) of this section shall maintain open for public inspection for a period of no less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, and the amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the commission upon request.

      Sec. 22. RCW 42.17.720 and 1993 c 2 s 12 are each amended to read as follows:

      (1) A loan is considered to be a contribution from the ((maker)) lender and ((the)) any guarantor of the loan and is subject to the contribution limitations of this chapter. The full amount of the loan shall be attributed to the lender and to each guarantor.

      (2) A loan to a candidate for public office or the candidate's political committee must be by written agreement.

      (3) The proceeds of a loan made to a candidate for public office:

      (a) By a commercial lending institution;

      (b) Made in the regular course of business; and

      (c) On the same terms ordinarily available to members of the public((; and

      (d) That is secured or guaranteed)),

are not subject to the contribution limits of this chapter.

      Sec. 23. RCW 42.17.740 and 1993 c 2 s 14 are each amended to read as follows:

      TECHNICAL CORRECTIONS. (1) ((An individual)) A person may not make a contribution of more than fifty dollars, other than an in-kind contribution, except by a written instrument containing the name of the donor and the name of the payee.

      (2) A political committee may not make a contribution, other than in-kind, except by a written instrument containing the name of the donor and the name of the payee.

      Sec. 24. RCW 42.17.750 and 1993 c 2 s 15 are each amended to read as follows:

      (1) No state or local official or state or local official's agent may knowingly solicit, directly or indirectly, a contribution to a candidate for public office, political party, or political committee from an employee in the state or local official's agency.

      (2) No state or local official or ((state)) public employee may provide an advantage or disadvantage to an employee or applicant for employment in the classified civil service concerning the applicant's or employee's:

      (a) Employment;

      (b) Conditions of employment; or

      (c) Application for employment,

based on the employee's or applicant's contribution or promise to contribute or failure to make a contribution or contribute to a political party or political committee.

      Sec. 25. RCW 42.17.770 and 1993 c 2 s 17 are each amended to read as follows:

      A person ((or entity)) may not solicit from a candidate for public office, political committee, political party, or other person ((or entity)) money or other property as a condition or consideration for an endorsement, article, or other communication in the news media promoting or opposing a candidate for public office, political committee, or political party.

      Sec. 26. RCW 42.17.780 and 1993 c 2 s 18 are each amended to read as follows:

      A person ((or entity)) may not, directly or indirectly, reimburse another person ((or entity)) for a contribution to a candidate for public office, political committee, or political party.

      Sec. 27. RCW 42.17.790 and 1993 c 2 s 19 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, a candidate for public office or the candidate's political committee may not use or permit the use of contributions, whether or not surplus, solicited for or received by the candidate for public office or the candidate's political committee to further the candidacy of the individual for an office other than the office designated on the statement of organization. A contribution solicited for or received on behalf of the candidate for public office is considered solicited or received for the candidacy for which the individual is then a candidate if the contribution is solicited or received before the general elections for which the candidate for public office is a nominee or is unopposed.

      (2) With the written approval of the contributor, a candidate for public office or the candidate's political committee may use or permit the use of contributions, whether or not surplus, solicited for or received by the candidate for public office or the candidate's political committee from that contributor to further the candidacy of the individual for an office other than the office designated on the statement of organization. If the contributor does not approve the use of his or her contribution to further the candidacy of the individual for an office other than the office designated on the statement of organization at the time of the contribution, the contribution must be considered surplus funds and disposed of in accordance with RCW 42.17.095.

      Sec. 28. RCW 42.17.100 and 1989 c 280 s 10 are each amended to read as follows:

      INTERNAL POLITICAL COMMUNICATIONS--INDEPENDENT EXPENDITURE. (1) For the purposes of this section and RCW 42.17.550 the term "independent ((campaign)) expenditure" means any expenditure that is made in support of or in opposition to any candidate or ballot proposition and is not otherwise required to be reported pursuant to RCW 42.17.060, 42.17.080, or 42.17.090. "Independent expenditure" does not include: An internal political communication primarily limited to the contributors to a political party organization or political action committee, or the officers, management staff, and stockholders of a corporation or similar enterprise, or the members of a labor organization or other membership organization; or the rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person.

      (2) Within five days after the date of making an independent ((campaign)) expenditure that by itself or when added to all other such independent ((campaign)) expenditures made during the same election campaign by the same person equals one hundred dollars or more, or within five days after the date of making an independent ((campaign)) expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person who made the independent ((campaign)) expenditure shall file with the commission and the county elections officer of the county of residence for the candidate supported or opposed by the independent ((campaign)) expenditure (or in the case of an expenditure made in support of or in opposition to a local ballot proposition, the county of residence for the person making the expenditure) an initial report of all independent ((campaign)) expenditures made during the campaign prior to and including such date.

      (3) At the following intervals each person who is required to file an initial report pursuant to subsection (2) of this section shall file with the commission and the county elections officer of the county of residence for the candidate supported or opposed by the independent ((campaign)) expenditure (or in the case of an expenditure made in support of or in opposition to a ballot proposition, the county of residence for the person making the expenditure) a further report of the independent ((campaign)) expenditures made since the date of the last report:

      (a) On the twenty-first day and the seventh day preceding the date on which the election is held; and

      (b) On the tenth day of the first month after the election; and

      (c) On the tenth day of each month in which no other reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall only be filed if the reporting person has made an independent ((campaign)) expenditure since the date of the last previous report filed.

      The report filed pursuant to paragraph (a) of this subsection (3) shall be the final report, and upon submitting such final report the duties of the reporting person shall cease, and there shall be no obligation to make any further reports.

      (4) All reports filed pursuant to this section shall be certified as correct by the reporting person.

      (5) Each report required by subsections (2) and (3) of this section shall disclose for the period beginning at the end of the period for the last previous report filed or, in the case of an initial report, beginning at the time of the first independent ((campaign)) expenditure, and ending not more than one business day before the date the report is due:

      (a) The name and address of the person filing the report;

      (b) The name and address of each person to whom an independent ((campaign)) expenditure was made in the aggregate amount of more than fifty dollars, and the amount, date, and purpose of each such expenditure. If no reasonable estimate of the monetary value of a particular independent ((campaign)) expenditure is practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the expenditure and where appropriate to attach a copy of the item produced or distributed by the expenditure;

      (c) The total sum of all independent ((campaign)) expenditures made during the campaign to date; and

      (d) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter.

      Sec. 29. RCW 42.17.125 and 1993 c 2 s 21 are each amended to read as follows:

      TECHNICAL CORRECTIONS. Contributions received and reported in accordance with RCW 42.17.060 through 42.17.090 may only be transferred to the personal account of a candidate, or of a treasurer or other individual or expended for such individual's personal use under the following circumstances:

      (1) Reimbursement for or loans to cover lost earnings incurred as a result of campaigning or services performed for the political committee. Such lost earnings shall be verifiable as unpaid salary, or when the individual is not salaried, as an amount not to exceed income received by the individual for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the individual or the individual's political committee. The political committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090.

      (2) Reimbursement for direct out-of-pocket election campaign and postelection campaign related expenses made by the individual. To receive reimbursement from the political committee, the individual shall provide the political committee with written documentation as to the amount, date, and description of each expense, and the political committee shall include a copy of such information when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090.

      (3) Repayment of loans made by the individual to political committees, which repayment shall be reported pursuant to RCW 42.17.090. However, contributions may not be used to reimburse a candidate for loans totaling more than three thousand dollars made by the candidate to the candidate's own ((authorized)) political committee or campaign.

      Sec. 30. RCW 42.52.180 and 1994 c 154 s 118 are each amended to read as follows:

      (1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.

      (2) This section shall not apply to the following activities:

      (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

      (b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ((public disclosure commission shall, after consultation with the)) ethics boards((,)) shall adopt by rule a definition of measurable expenditure;

      (c) Activities that are part of the normal and regular conduct of the office or agency; and

      (d) De minimis use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.

      (3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.

      Sec. 31. RCW 42.17.095 and 1993 c 2 s 20 are each amended to read as follows:

      The surplus funds of a candidate, or of a political committee supporting or opposing a candidate, may only be disposed of in any one or more of the following ways:

      (1) Return the surplus to a contributor in an amount not to exceed that contributor's original contribution;

      (2) Transfer the surplus to the candidate's personal account as reimbursement for lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;

      (3) Transfer the surplus without limit to a political party or to a caucus ((of the state legislature)) political committee;

      (4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;

      (5) Transmit the surplus to the state treasurer for deposit in the general fund; or

      (6) Hold the surplus in the campaign depository or depositories designated in accordance with RCW 42.17.050 for possible use in a future election campaign for the same office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED, That if the candidate subsequently announces or publicly files for office, information as appropriate is reported to the commission in accordance with RCW 42.17.040 through 42.17.090. If a subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements of this section.

      (7) Hold the surplus campaign funds in a separate account for nonreimbursed public office-related expenses or as provided in this section, and report any such disposition in accordance with RCW 42.17.090. The separate account required under this subsection shall not be used for deposits of campaign funds that are not surplus.

      (8) No candidate or authorized committee may transfer funds to any other candidate or other political committee.

      The disposal of surplus funds under this section shall not be considered a contribution for purposes of this chapter.

      Sec. 32. RCW 42.17.160 and 1982 c 147 s 12 are each amended to read as follows:

      The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170, and 42.17.200:

      (1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;

      (2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310(2);

      (3) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;

      (((3))) (4) Persons who lobby without compensation or other consideration for acting as a lobbyist: PROVIDED, Such person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encourage citizens of this state to lobby any legislator, public official, or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (((3))) (4) may at his or her option register and report under this chapter;

      (((4))) (5) Persons who restrict their lobbying activities to no more than four days or parts thereof during any three-month period and whose total expenditures during such three-month period for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington in connection with such lobbying do not exceed twenty-five (([dollars])) dollars: PROVIDED, That the commission shall promulgate regulations to require disclosure by persons exempt under this subsection or their employers or entities which sponsor or coordinate the lobbying activities of such persons if it determines that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (((4))) (5) may at his or her option register and report under this chapter;

      (((5))) (6) The governor;

      (((6))) (7) The lieutenant governor;

      (((7))) (8) Except as provided by RCW 42.17.190(1), members of the legislature;

      (((8))) (9) Except as provided by RCW 42.17.190(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties;

      (((9))) (10) Elected officials, and officers and employees of any agency reporting under RCW 42.17.190(4) as now or hereafter amended.

      Sec. 33. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:

      (1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his or her activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.

      (2) Each such monthly periodic report shall contain:

      (a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. Each individual expenditure of more than twenty-five dollars for entertainment shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's participation therein, ((without)) and shall include amounts actually expended on each person where calculable, or allocating any portion of ((such)) the expenditure to individual participants. ((However, if the expenditure for a single hosted reception is more than one hundred dollars per person partaking therein, the report shall specify the per person amount, which shall be determined by dividing the total amount of the expenditure by the total number of persons partaking in the reception.))

      Notwithstanding the foregoing, lobbyists are not required to report the following:

      (i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;

      (ii) Any expenses incurred for his or her own living accommodations;

      (iii) Any expenses incurred for his or her own travel to and from hearings of the legislature;

      (iv) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.

      (b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.

      (c) An itemized listing of each such expenditure, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.

      (d) The subject matter of proposed legislation or other legislative activity or rule-making under chapter 34.05 RCW, the state Administrative Procedure Act, and the state agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period, unless exempt under RCW 42.17.160(2).

      (e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.

      (f) ((A listing of each gift, as defined in RCW 42.17.020, made to a state elected official or executive state officer or to a member of the immediate family of such an official or officer. Such a gift shall be separately identified by the date it was given, the approximate value of the gift, and the name of the recipient. However, for a hosted reception where the average per person amount is reported under (a) of this subsection, the approximate value for the gift of partaking in the event is such average per person amount. The commission shall adopt forms to be used for reporting the giving of gifts under this subsection (2)(f). The forms shall be designed to permit a lobbyist to report on a separate form for each recipient the reportable gifts given to that recipient during the reporting period or, alternatively, to report on one form all reportable gifts given by the lobbyist during the reporting period)) A listing of each payment for an item specified in RCW 42.52.150(5) in excess of fifty dollars and each item specified in RCW 42.52.010(9) (d) and (f) made to a state elected official, state officer, or state employee. Each item shall be identified by recipient, date, and approximate value of the item.

      (g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.

      (3) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a report as having received from the lobbyist ((a gift, as defined in RCW 42.17.020)) an item specified in RCW 42.52.150(5) or 42.52.010(9) (d) or (f), the lobbyist shall transmit to the official a copy of the completed form used to identify the ((gift)) item in the report at the same time the report is filed with the commission.

      (4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section.

      NEW SECTION. Sec. 34. The following acts or parts of acts are each repealed:

      (1) RCW 42.17.021 and 1993 c 2 s 30;

      (2) RCW 42.17.630 and 1993 c 2 s 3;

      (3) RCW 42.17.2415 and 1991 sp.s. c 18 s 3; and

      (4) RCW 42.52.210 and 1959 c 320 s 5.

      NEW SECTION. Sec. 35. Sections 1 through 32, 34, and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

      NEW SECTION. Sec. 36. Section 33 of this act takes effect September 1, 1995.

      NEW SECTION. Sec. 37. Captions as used in this act constitute no part of the law.

      NEW SECTION. Sec. 38. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      On page 1, line 1 of the title, after "disclosure;" strike the remainder of the title and insert "amending RCW 42.17.020, 42.17.080, 42.17.090, 42.17.105, 42.17.132, 42.17.155, 42.17.190, 42.17.240, 42.17.241, 42.17.260, 42.17.280, 42.17.290, 42.17.300, 42.17.320, 42.17.370, 42.17.420, 42.17.510, 42.17.640, 42.17.680, 42.17.720, 42.17.740, 42.17.750, 42.17.770, 42.17.780, 42.17.790, 42.17.100, 42.17.125, 42.52.180, 42.17.095, 42.17.160, and 42.17.170; reenacting and amending RCW 42.17.2401; adding a new section to chapter 42.17 RCW; creating a new section; repealing RCW 42.17.021, 42.17.630, 42.17.2415, and 42.52.210; providing effective dates; and declaring an emergency.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Smith, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5684.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5684, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5684, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Hochstatter - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5684, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 11, 1995

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5551 with the following amendment:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 67.28 RCW to read as follows:

      (1) The legislative body of any city meeting the criteria in subsection (2) or (3) of this section may impose a special excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, not to exceed the rate specified in the subsection. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

      (2)(a) In a county east of the crest of the Cascade mountains with a population of at least fifty-five thousand but less than sixty-two thousand:

      (i) A city with a population of at least three thousand but less than four thousand may impose a tax under this section not to exceed three percent.

      (ii) A city with a population of at least one thousand eight hundred but less than two thousand five hundred may impose a tax under this section not to exceed three percent.

      (b) All taxes levied and collected under this subsection (2) shall be credited to a special fund in the treasury of the city collecting the tax. Such taxes shall only be used for tourism promotion.

      (3)(a) In a county east of the crest of the Cascade mountains with a population of at least fifty-five thousand but less than sixty-two thousand, a city with a population of at least twenty-two thousand but less than twenty-eight thousand may impose a tax under this section not to exceed two percent.

      (b) In a county east of the crest of the Cascade mountains with a population of at least twenty-eight thousand but less than thirty-three thousand, a city with a population of at least three thousand but less than six thousand may impose a tax under this section not to exceed two percent.

      (c) All taxes levied and collected under this subsection (3) shall be credited to a special fund in the treasury of the city collecting the tax. Such taxes shall only be used for tourism promotion, and for the design, expansion, and construction of public facilities related to tourism promotion.

      (4) The taxes authorized in this section are in addition to any other taxes authorized by law.

      (5) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to the taxes imposed under this section.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Snyder, the Senate concurred in the Senate amendment to Substitute Senate Bill No. 5551.


MOTIONS


      On motion of Senator Drew, Senator Quigley was excused.

      On motion of Senator Sellar, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5551, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5551, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 44.

      Voting nay: Senator Sutherland - 1.

      Excused: Senators Anderson, C., Hochstatter, McCaslin and Quigley - 4.

      SUBSTITUTE SENATE BILL NO. 5551, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND CONFERENCE COMMITTEE REPORT


EHB 1173                                                                                                                                                                                       April 21, 1995


Includes "NEW ITEM": Yes


Adoption support


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 1173, adoption support, have had the same under consideration and we recommend that:

      The Senate Committee on Human Services and Correction striking amendment(s) adopted on April 13, 1995, not be adopted , and the following Conference Committee striking amendment(s) be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that it is in the best interest of the people of the state of Washington to support the adoption process in a variety of ways, including easing administrative burdens on adoptive parents receiving financial support, providing finality for adoptive placements and stable homes for children, and not delaying adoptions.

      Sec. 2. RCW 74.13.118 and 1985 c 7 s 138 are each amended to read as follows:

      At least ((annually)) once every five years, the secretary shall review the need of any adoptive parent or parents receiving continuing support pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145, or the need of any parent who is to receive more than one lump sum payment where such payments are to be spaced more than one year apart. ((Such review shall be made not later than the anniversary date of the adoption support agreement.))

      At the time of such ((annual)) review and at other times ((during the year)) when changed conditions, including variations in medical opinions, prognosis and costs, are deemed by the secretary to warrant such action, appropriate adjustments in payments shall be made based upon changes in the needs of the child, in the adoptive parents' income, resources, and expenses for the care of such child or other members of the family, including medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other sources of financial assistance.

      Any parent who is a party to such an agreement may at any time in writing request, for reasons set forth in such request, a review of the amount of any payment or the level of continuing payments. Such review shall be begun not later than thirty days from the receipt of such request. Any adjustment may be made retroactive to the date such request was received by the secretary. If such request is not acted on within thirty days after it has been received by the secretary, such parent may invoke his rights under the hearing provisions set forth in RCW 74.13.127.

      Sec. 3. RCW 74.13.121 and 1985 c 7 s 139 are each amended to read as follows:

      So long as any adoptive parent is receiving support pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 he or she shall, ((not later than two weeks after it is filed with the United States government)) upon request, file with the secretary a copy of his or her federal income tax return. Such return and any information thereon shall be marked by the secretary "confidential", shall be used by the secretary solely for the purposes of RCW 26.33.320 and 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution or agency, public or private, including agencies of the United States government, other than a superior court, judge or commissioner before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 is then pending.

      In carrying on the review process authorized by RCW 26.33.320 and 74.13.100 through 74.13.145 the secretary may require the adoptive parent or parents to disclose such additional financial information, not privileged, as may enable him or her to make determinations and adjustments in support to the end that the purposes and policies of this state expressed in RCW 74.13.100 may be carried out, provided that no adoptive parent or parents shall be obliged, by virtue of this section, to sign any agreement or other writing waiving any constitutional right or privilege nor to admit to his or her home any agent, employee, or official of any department of this state, or of the United States government.

      Such information shall be marked "confidential" by the secretary, shall be used by him or her solely for the purposes of RCW 26.33.320 and 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution, or agency, public or private, including agencies of the United States government other than a superior court judge or commission before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 is then pending.

      NEW SECTION. Sec. 4. The legislature recognizes that some prospective adoptive parents may not have finalized the adoption of a foster child in their care because the adoption support program as it is presently structured may offer special children with complex needs fewer necessary services than the foster care program provides them through exceptional cost plans. Enhancement of the adoption support program could increase the likelihood that such special needs children could be adopted.

      The department of social and health services is directed to conduct a study to determine the costs, program impact, and appropriateness of extending exceptional cost rate foster care plans for special needs children to the adoption support program. The department of social and health services shall complete the study and report its findings to the legislature no later than September 1, 1995.

      Sec. 5. RCW 26.33.110 and 1987 c 170 s 5 are each amended to read as follows:

      (1) The court shall set a time and place for a hearing on the petition for termination of the parent-child relationship, which shall not be held sooner than forty-eight hours after the child's birth. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child's birth and the time of the hearing shall be extended up to twenty additional days from the date of the scheduled hearing upon the motion of the parent, Indian custodian, or the child's tribe.

      (2) Notice of the hearing shall be served on the petitioner, the nonconsenting parent or alleged father, the legal guardian of a party, and the guardian ad litem of a party, in the manner prescribed by RCW 26.33.310. If the child is an Indian child, notice of the hearing shall also be served on the child's tribe in the manner prescribed by 25 U.S.C. Sec. 1912(a).

      (3) Except as otherwise provided in this section, the notice of the petition shall:

      (a) State the date and place of birth. If the petition is filed prior to birth, the notice shall state the approximate date and location of conception of the child and the expected date of birth, and shall identify the mother;

      (b) Inform the nonconsenting parent or alleged father that: (i) He or she has a right to be represented by counsel and that counsel will be appointed for an indigent person who requests counsel; and (ii) failure to respond to the termination action within twenty days of service if served within the state or thirty days if served outside of this state, will result in the termination of his or her parent-child relationship with respect to the child;

      (c) Inform an alleged father that failure to file a claim of paternity under chapter 26.26 RCW or to respond to the petition, within twenty days of the date of service of the petition is grounds to terminate his parent-child relationship with respect to the child;

      (d) Inform an alleged father of an Indian child that if he acknowledges paternity of the child or if his paternity of the child is established prior to the termination of the parent-child relationship, that his parental rights may not be terminated unless he: (i) Gives valid consent to termination, or (ii) his parent-child relationship is terminated involuntarily pursuant to chapter 26.33 or 13.34 RCW.

      Sec. 6. RCW 26.33.310 and 1987 c 170 s 9 are each amended to read as follows:

      (1) Petitions governed by this chapter shall be served in the ((same)) manner as ((a complaint in a civil action under)) set forth in the superior court civil rules. Subsequent notice, papers, and pleadings may be served in the manner provided in superior court civil rules.

      (2) If personal service on any parent or alleged father who has not consented to the termination of his or her parental rights can be given, the summons and notice of hearing on the petition to terminate parental rights shall be served at least twenty days before the hearing date if served within the state or thirty days if served outside of this state.

      (3) If personal service on the parent or any alleged father, either within or without this state, cannot be given, notice shall be given: (a) By first class and registered mail, mailed at least ((twenty)) thirty days before the hearing to the person's last known address; and (b) by publication at least once a week for three consecutive weeks with the first publication date at least ((twenty-five)) thirty days before the hearing. Publication shall be in a legal newspaper in the city or town of the last known address within the United States and its territories of the parent or alleged father, whether within or without this state, or, if no address is known to the petitioner, publication shall be in the city or town of the last known whereabouts within the United States and its territories; or if no address or whereabouts are known to the petitioner or the last known address is not within the United States and its territories, in the city or town where the proceeding has been commenced.

      (3) Notice and appearance may be waived by the department, an agency, a parent, or an alleged father before the court or in a writing signed under penalty of perjury. The waiver shall contain the current address of the department, agency, parent, or alleged father. The face of the waiver for a hearing on termination of the parent-child relationship shall contain language explaining the meaning and consequences of the waiver and the meaning and consequences of termination of the parent-child relationship. A person or agency who has executed a waiver shall not be required to appear except in the case of an Indian child where consent to termination or adoption must be certified before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a).

      (4) If a person entitled to notice is known to the petitioner to be unable to read or understand English, all notices, if practicable, shall be given in that person's native language or through an interpreter.

      (5) Where notice to an Indian tribe is to be provided pursuant to this chapter and the department is not a party to the proceeding, notice shall be given to the tribe at least ten business days prior to the hearing by registered mail return receipt requested.

      Sec. 7. RCW 26.33.260 and 1984 c 155 s 26 are each amended to read as follows:

      (1) The entry of a decree of adoption divests any parent or alleged father who is not married to the adoptive parent or who has not joined in the petition for adoption of all legal rights and obligations in respect to the adoptee, except past-due child support obligations. The adoptee shall be free from all legal obligations of obedience and maintenance in respect to the parent. The adoptee shall be, to all intents and purposes, and for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, entitled to all rights and privileges, including the right of inheritance and the right to take under testamentary disposition, and subject to all the obligations of a natural child of the adoptive parent.

      (2) Any appeal of an adoption decree shall be decided on an accelerated review basis.

      (3) Except as otherwise provided in RCW 26.33.160(3) and (4)(h), no person may challenge an adoption decree on the grounds of:

      (a) A person claiming or alleging paternity subsequently appears and alleges lack of prior notice of the proceeding; or

      (b) The adoption proceedings were in any other manner defective.

      (4) It is the intent of the legislature that this section provide finality for adoptive placements and stable homes for children.

      NEW SECTION. Sec. 8. A new section is added to chapter 26.33 RCW to read as follows:

      An adoption shall not be delayed or denied on the basis of the race, color, or national origin of the adoptive parent or the child involved. However, when the department or an agency considers whether a placement option is in a child's best interests, the department or agency may consider the cultural, ethnic, or racial background of the child and the capacity of prospective adoptive parents to meet the needs of a child of this background. This provision shall not apply to or affect the application of the Indian Child Welfare Act of 1978, 25 U.S.C. Sec. 1901 et seq."

      On page 1, line 1 of the title, after "support;" strike the remainder of the title and insert "amending RCW 74.13.118, 74.13.121, 26.33.110, 26.33.310, and 26.33.260; adding a new section to chapter 26.33 RCW; and creating new sections.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Hargrove, Long, Fairley; Representatives Cooke, Stevens.


MOTION


      On motion of Senator Hargrove, the Senate adopted the Second Report of the Conference Committee on Engrossed House Bill No. 1173.


MOTION


      On motion of Senator Wood, Senator Sellar was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1173, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 1173, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Hochstatter, McCaslin and Sellar - 4.

      ENGROSSED HOUSE BILL NO. 1173, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTIONS


      On motion of Senator Loveland, Senators McAuliffe, Pelz and Owen were excused.


MESSAGE FROM THE HOUSE

April 21, 1995

MR. PRESIDENT:

      The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Fraser, the Senate insists on its position regarding the Senate amendment(s) to Engrossed Substitute House Bill No. 1724 and once again asks the House to concur therein.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5854 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


SSB 5854                                                                                                                                                                                        April 22, 1995


Includes "NEW ITEM": Yes


Requiring that health plans must allow women a choice of health care providers


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE SENATE BILL NO. 5854, requiring that health plans must allow women a choice of health care providers, have had the same under consideration and we recommend that:

      The House Health Care Committee amendment adopted on April 10, 1995, not be adopted and the following striking amendment by the Conference Committee be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 48.42 RCW to read as follows:

      (1) For purposes of this section, health care carriers includes disability insurers regulated under chapter 48.20 or 48.21 RCW, health care services contractors regulated under chapter 48.44 RCW, health maintenance organizations regulated under chapter 48.46 RCW, plans operating under the health care authority under chapter 41.05 RCW, the state health insurance pool operating under chapter 48.41 RCW, and insuring entities regulated under chapter 48.43 RCW.

      (2) For purposes of this section and consistent with their lawful scopes of practice, types of health care practitioners that provide women's health care services shall include, but need not be limited by a health care carrier to, the following: Any generally recognized medical specialty of practitioners licensed under chapter 18.57 or 18.71 RCW who provides women's health care services; practitioners licensed under chapters 18.57A and 18.71A RCW when providing women's health care services; and advanced registered nurse practitioner specialists in women's health and midwifery under chapter 18.79 RCW.

      (3) For purposes of this section, women's health care services shall include, but need not be limited by a health care carrier to, the following: Maternity care; reproductive health services; gynecological care; general examination; and preventive care as medically appropriate and medically appropriate follow-up visits for the services listed in this subsection.

      (4) Health care carriers shall ensure that enrolled female patients have direct access to timely and appropriate covered women's health care services from the type of health care practitioner of their choice in accordance with subsection (5) of this section.

      (5)(a) Health care carrier policies, plans, and programs written, amended, or renewed after the effective date of this act shall provide women patients with direct access to the type of health care practitioner of their choice for appropriate covered women's health care services without the necessity of prior referral from another type of health care practitioner.

      (b) Health care carriers may comply with this section by including all the types of health care practitioners listed in this section for women's health care services for women patients.

      (c) Nothing in this section shall prevent health care carriers from restricting women patients to seeing only health care practitioners who have signed participating provider agreements with the health care carrier."

      On page 1, line 1 of the title, after "care;" strike the remainder of the title and insert "and adding a new section to chapter 48.42 RCW.", and the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Haugen, Moyer, Fairley; Representatives Hymes, Kessler.


MOTION


      On motion of Senator Quigley, the Senate adopted the Report of the Conference Committee on Substitute Senate Bill No. 5854.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5854, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5854, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Hochstatter, McAuliffe, McCaslin, Owen and Pelz - 6.

      SUBSTITUTE SENATE BILL NO. 5854, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 13, 1995

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5127 with the following amendment:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 36.100.010 and 1989 1st ex.s. c 8 s 1 are each amended to read as follows:

      (1) A public facilities district may be created in any county ((with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center. A public facilities district)) and shall be coextensive with the boundaries of the county.

      (2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located ((and the city council of the largest city within such county)).

      (3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

      (4) No taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has validated the creation of the public facilities district at a general or special election. A single ballot proposition may both authorize the creation of a public facilities district and the imposition of the sales and use tax under RCW 82.14.048 or both the creation of a public facilities district and the imposition of the excise tax under RCW 36.100.040.

      (5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

      Sec. 2. RCW 36.100.020 and 1989 1st ex.s. c 8 s 2 are each amended to read as follows:

      A public facilities district shall be governed by a board of directors consisting of five or seven members as provided in this section. If the largest city in the county has a population that is at least forty percent of the total county population, the board of directors of the public facilities district shall consist of five members selected as follows: (1) Two members appointed by the county legislative authority to serve for four-year staggered terms; (2) two members appointed by the city council of the largest city in the county to serve for four-year staggered terms; and (3) one person to serve for a four-year term who is selected by the other directors. If the largest city in the county has a population of less than forty percent of the total county population, the county legislative authority shall establish in the resolution creating the public facilities district whether the board of directors of the public facilities district have either five or seven members, and the county legislative authority shall appoint the members of the board of directors to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county.

      At least one member on the board of directors shall be representative of the lodging industry in the public facilities district before the public facilities district imposes the excise tax under RCW 36.100.040.

      ((One of the initial members appointed by the county legislative authority shall have a term of office of two years and the other initial member appointed by the county legislative authority shall have a term of four years. One of the initial members appointed by the city council shall have a term of two years and the other initial member appointed by the city council shall have a term of four years.)) Members of the board of directors shall serve four-year terms of office, except that two of the initial five board members or three of the initial seven board members shall serve two-year terms of office.

      A vacancy shall be filled in the same manner as the original appointment was made and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed.

      A director may be removed from office for cause by action of at least two-thirds of the members of the county legislative authority.

      Sec. 3. RCW 36.100.030 and 1989 1st ex.s. c 8 s 3 are each amended to read as follows:

      A public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate sports ((and)) facilities, entertainment facilities, or convention facilities, or any combination of such facilities, together with contiguous parking facilities. The taxes that are provided for in this chapter may only be imposed for these purposes.

      A public facilities district may enter into agreements under chapter 39.34 RCW for the joint provision and operation of such facilities and may enter into contracts under chapter 39.34 RCW where any party to the contract provides and operates such facilities for the other party or parties to the contract.

      A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. ((The taxes that are provided for in this chapter may only be imposed for such purposes.))

      Sec. 4. RCW 36.100.040 and 1989 1st ex.s. c 8 s 4 are each amended to read as follows:

      A public facilities district may impose an excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than forty lodging units. However, if a public facilities district has not imposed such an excise tax prior to December 31, 1995, the public facilities district may only impose the excise tax if a ballot proposition authorizing the imposition of the tax has been approved by a simple majority vote of voters of the public facilities district voting on the proposition.

      The rate of the tax shall not exceed two percent and the proceeds of the tax shall only be used for the acquisition, design, ((and)) construction, remodeling, maintenance, equipping, reequipping, repairing, and operation of ((sports and entertainment)) its public facilities. This excise tax shall not be imposed until the district has approved the proposal to acquire, design, and construct the public facilities.

      A public facilities district may not impose the tax authorized in this section if, after the tax authorized in this section was imposed, the effective combined rate of state and local excise taxes, including sales and use taxes and excise taxes on lodging, imposed on the sale of or charge made for furnishing of lodging in any jurisdiction in the public facilities district exceeds eleven and one-half percent.

      Sec. 5. RCW 36.100.060 and 1989 1st ex.s. c 8 s 5 are each amended to read as follows:

      (1) To carry out the purpose of this chapter, a public facilities district may issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A facilities district additionally may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter.

      (2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.

      (3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district.

      (4) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for ((the sports and entertainment facility)) its public facilities.

      Sec. 6. RCW 82.14.048 and 1991 c 207 s 1 are each amended to read as follows:

      The governing board of a public facilities district under chapter 36.100 RCW may submit an authorizing proposition to the voters of the district, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

      The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district. The rate of tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

      Moneys received from any tax imposed under this section shall be used for the purpose of providing funds for the costs associated with the financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, and reequipping of ((sports or entertainment)) its public facilities ((and contiguous parking)).

      NEW SECTION. Sec. 7. The treasurer of the county in which a public facilities district is located shall be the ex officio treasurer of the district.

      NEW SECTION. Sec. 8. The board of directors of the public facilities district shall adopt a resolution that may be amended from time to time that shall establish the basic requirements governing methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. The resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses.

      NEW SECTION. Sec. 9. The board of directors of the public facilities district may authorize payment of actual and necessary expenses of officers and employees for lodging, meals, and travel-related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in the public interest and for public purposes. Officers and employees may be advanced sufficient sums to cover their anticipated expenses in accordance with rules adopted by the state auditor, which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210.

      NEW SECTION. Sec. 10. Each member of the board of directors of the public facilities district may receive compensation of fifty dollars per day for attending meetings or conferences on behalf of the district, not to exceed three thousand dollars per year. A director may waive all or a portion of his or her compensation under this section as to a month or months during his or her term of office, by a written waiver filed with the public facilities district. The compensation provided in this section is in addition to reimbursement for expenses paid to the directors by the public facilities district.

      NEW SECTION. Sec. 11. The board of directors of the public facilities district may purchase liability insurance with such limits as the directors may deem reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

      NEW SECTION. Sec. 12. Whenever an action, claim, or proceeding is instituted against a person who is or was an officer or employee of the public facilities district arising out of the performance of duties for or employment with the district, the public facilities district may grant a request by the person that the attorney of the district's choosing be authorized to defend the claim, suit, or proceeding, and the costs of defense, attorneys' fees, and obligation for payments arising from the action may be paid from the district's funds. Costs of defense or judgment or settlement against the person shall not be paid in a case where the court has found that the person was not acting in good faith or within the scope of employment with or duties for the public facilities district.

      NEW SECTION. Sec. 13. The board of directors of the public facilities district shall have authority to authorize the expenditure of funds for the public purposes of preparing and distributing information to the general public and promoting, advertising, improving, developing, operating, and maintaining facilities of the district. Nothing contained in this section may be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election.

      NEW SECTION. Sec. 14. The public facilities district shall have authority to create and fill positions, fix wages, salaries, and bonds therefor, pay costs involved in securing or arranging to secure employees, and establish benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health disability insurance, as approved by the board. Public facilities district board members, at their own expense, shall be entitled to medical, life, accident, or health disability insurance. Insurance for employees and board members shall not be considered compensation. District coverage for the board is not to exceed that provided public facilities district employees.

      NEW SECTION. Sec. 15. The public facilities district may secure services by means of an agreement with a service provider. The public facilities district shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by district resolution.

      NEW SECTION. Sec. 16. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in RCW 43.19.1906 and 43.19.1911 for all purchases, contracts for purchase, and sales.

      NEW SECTION. Sec. 17. (1) A public facilities district may issue revenue bonds to fund revenue generating facilities, or portions of facilities, which it is authorized to provide or operate. Whenever revenue bonds are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are funded by the revenue bonds. This amount or proportion shall be a lien and charge against these revenues, subject only to operating and maintenance expenses. The board shall have due regard for the cost of operation and maintenance of the public improvements, projects, or facilities, or additions, that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged. The board may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold.

      (2) Revenue bonds issued pursuant to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of a revenue bond or any interest coupon issued pursuant to this section shall not have any claim against the district arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued pursuant to this section.

      (3) Revenue bonds with a maturity in excess of thirty years shall not be issued. The board of directors of the district shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued.

      NEW SECTION. Sec. 18. Sections 7 through 17 of this act are each added to chapter 36.100 RCW.

      NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Haugen, the Senate concurred in the House amendment to Substitute Senate Bill No. 5127.


POINT OF INQUIRY


      Senator Rinehart: "Senator West, Section 2 of the House amendment to Substitute Senate Bill No. 5127 provides for the appointment of members to the board of directors of the public facility districts. There has been some concern expressed about what the relationship would be between cities and the counties in these particular projects. Can you tell me how the appointments are made and what assurance cities will have of their participation?"

      Senator West: "Senator Rinehart, Section 2 of the amendment provides that the appointments are made by the county legislative authority and the city council of the largest city in the county. However, per the House amendment, if the largest city has a population of less than forty percent of the county, all of the appointments are made by the county legislative authority. In the case of charter counties, existing law provides that the appointing authority is the county executive. In either case, the appointments are required by Section 2 of the amendment to reflect the interests of the cities and towns in the counties, and it is expected that the appointing authority will consult with and act on the recommendations of the cities and towns."

      Senator Rinehart: "Thank you, Senator West."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5127, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5127, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McDonald, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.

      Voting nay: Senator Morton - 1.

      Excused: Senators Anderson, C., Hochstatter, McAuliffe, McCaslin, Owen and Pelz - 6.

      SUBSTITUTE SENATE BILL NO. 5127, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 11, 1995

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5800 with the following amendment:

      On page 1, line 15, after "be" insert "unidentified or", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Snyder, the Senate concurred in the House amendment to Substitute Senate Bill No. 5800.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5800, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5800, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Hochstatter, McAuliffe, McCaslin, Owen and Pelz - 6.

      SUBSTITUTE SENATE BILL NO. 5800, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 1250,

      HOUSE BILL NO. 1445,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,

      SUBSTITUTE HOUSE BILL NO. 1560.

TIMOTHY A. MARTIN, Chief Clerk

MESSAGE FROM THE HOUSE

April 22, 1995

MR. PRESIDENT:

      Under the suspension of the rules, SENATE BILL NO. 5655 was returned to second reading for purpose of amendment. The following amendments were adopted and the bill passed the House, as amended:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 47.76.200 and 1993 c 224 s 1 are each amended to read as follows:

      The legislature finds that a balanced multimodal transportation system is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The state's freight rail system((s are)), including branch lines, mainlines, rail corridors, terminals, yards, and equipment, is an important element((s)) of this multimodal system. Washington's economy relies heavily upon the freight rail system to ensure movement of the state's agricultural, chemical, and natural resources and manufactured products to local, national, and international markets and thereby contributes to the economic vitality of the state.

      Since 1970, Washington has lost ((nearly)) over one-third of its ((five thousand two hundred)) rail miles to abandonment and bankruptcies((, leaving approximately three thousand four hundred rail miles.

      Abandonment of rail lines and rail freight service)). The combination of rail abandonments and rail system capacity constraints may alter the delivery to market of many commodities. In addition, the resultant motor vehicle freight traffic increases the burden on state highways and county roads. In many cases, the cost of maintaining and upgrading the state highways and county roads exceeds the cost of maintaining rail freight service. Thus, the economy of the state will be best served by a policy of maintaining and encouraging a healthy rail freight system by creating ((a)) mechanisms ((which keeps)) that keep rail freight lines operating if the benefits of the service outweigh the cost.

      Recognizing the implications of this trend for freight mobility and the state's economic future, the legislature ((believes)) finds that better freight rail planning, better cooperation to preserve rail lines, and increased financial assistance from the state are necessary to maintain and improve the freight rail system within the state.

      Sec. 2. RCW 47.76.210 and 1990 c 43 s 2 are each amended to read as follows:

      The Washington state department of transportation shall implement a state freight rail program ((for rail coordination, planning, and technical assistance)) that supports the freight rail service objectives identified in the state's multimodal transportation plan required under chapter 47.06 RCW. The support may be in the form of projects and strategies that support branch lines and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail corridors and infrastructure.

      Sec. 3. RCW 47.76.220 and 1993 c 224 s 2 are each amended to read as follows:

      (1) The department of transportation shall prepare and periodically update a state rail plan, the objective of which is to identify, evaluate, and encourage essential rail services. The plan shall:

      (a) Identify and evaluate mainline capacity issues;

      (b) Identify and evaluate port-to-rail access and congestion issues;

      (c) Identify and evaluate those rail freight lines that may be abandoned or have recently been abandoned;

      (((b))) (d) Quantify the costs and benefits of maintaining rail service on those lines that are likely to be abandoned; ((and

      (c))) (e) Establish priorities for determining which rail lines should receive state support. The priorities should include the anticipated benefits to the state and local economy, the anticipated cost of road and highway improvements necessitated by the abandonment or capacity constraints of the rail line, the likelihood the rail line receiving funding can meet operating costs from freight charges, surcharges on rail traffic, and other funds authorized to be raised by a county or port district, and the impact of abandonment or capacity constraints on changes in energy utilization and air pollution;

      (f) Identify and describe the state's rail system;

      (g) Prepare a state freight rail system map;

      (h) Identify and evaluate rail commodity flows and traffic types;

      (i) Identify lines and corridors that have been rail banked or preserved; and

      (j) Identify and evaluate other issues affecting the state's rail traffic.

      (2) The state rail plan may be prepared in conjunction with the rail plan prepared by the department pursuant to the federal Railroad Revitalization and Regulatory Reform Act.

      Sec. 4. RCW 47.76.230 and 1990 c 43 s 3 are each amended to read as follows:

      (1) The department of transportation shall continue its responsibility for the development and implementation of the state rail plan and programs, and the utilities and transportation commission shall continue its responsibility for intrastate rates, service, and safety issues.

      (2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers shall be obtained to the extent that such information is available.

      (3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following:

      (a) ((Abandonment)) Rail project cost-benefit analyses((, to include the public and private costs and benefits of maintaining the service, providing alternative service including necessary road improvement costs, or of taking no action)) conducted in accordance with methodologies recommended by the Federal Railroad Administration;

      (b) Assistance in the formation of county rail districts and port districts; and

      (c) Feasibility studies for rail service continuation and/or rail service assistance.

      (4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of community, trade, and economic development, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters. ((The following agencies and jurisdictions shall be involved in the process:

      (a) The state departments of community development and trade and economic development;

      (b) Local jurisdictions and local economic development agencies; and

      (c) Other interested public and private organizations.))

      Sec. 5. RCW 47.76.240 and 1993 c 224 s 3 are each amended to read as follows:

      The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines ((which)) that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector.

      State funding for rail service ((or)), rail preservation, and corridor preservation projects must benefit the state's interests((, which include)). The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety((, and)). State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects the department shall seek federal, local, and private funding and participation to the greatest extent possible.

      (1) The department of transportation shall continue to monitor the status of the state's ((light density line system)) mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.

      (2) The utilities and transportation commission shall intervene in interstate commerce commission proceedings on abandonments, when necessary, to protect the state's interest.

      (3) ((As conditions warrant, the following criteria shall be used for identifying the state's essential rail system:

      (a) Established regional and short-line carriers excluding private operations which are not common carriers;

      (b) Former state project lines, which are lines that have been studied and have received funds from the state and federal governments;

      (c) Lines serving major agricultural and forest product areas or terminals, with such terminals generally being within a fifty-mile radius of producing areas, and sites associated with commodities shipped by rail;

      (d) Lines serving ports, seaports, and navigable river ports;

      (e) Lines serving power plants or energy resources;

      (f) Lines used for passenger service;

      (g) Mainlines connecting to the national and Canadian rail systems;

      (h) Major intermodal service points or hubs; and

      (i) The military's strategic rail network)) The department of transportation, in consultation with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and corridors of significance to the state.

      (4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.

      (5) The department of transportation shall continue to monitor projects for which it provides assistance.

      Sec. 6. RCW 47.76.250 and 1993 c 224 s 4 are each amended to read as follows:

      (1) The essential rail assistance account is created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.

      (2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts, counties, economic development councils, and port districts for the purpose of:

      (a) Acquiring, rebuilding, rehabilitating, or improving ((branch)) rail lines;

      (b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;

      (c) Constructing railroad improvements to mitigate port access or mainline congestion;

      (d) Construction of ((transloading)) loading facilities to increase business on light density lines or to mitigate the impacts of abandonment; ((or

      (d))) (e) Preservation, including operation, of ((viable)) light density lines, as identified by the Washington state department of transportation, in compliance with this chapter; or

      (f) Preserving rail corridors for future rail purposes by purchase of rights of way. The department shall first pursue transportation enhancement program funds, available under the federal surface transportation program, to the greatest extent practicable to preserve rail corridors. Purchase of rights of way may include track, bridges, and associated elements, and must meet the following criteria:

      (i) The right of way has been identified and evaluated in the state rail plan prepared under this chapter;

      (ii) The right of way may be or has been abandoned; and

      (iii) The right of way has potential for future rail service.

      (3) The department or the participating local jurisdiction is responsible for maintaining any right of way acquired under this chapter, including provisions for drainage management, fire and weed control, and liability associated with ownership.

      (4) Nothing in this section impairs the reversionary rights of abutting landowners, if any, without just compensation.

      (((3))) (5) The department, cities, county rail districts, counties, and port districts may grant franchises to private railroads for the right to operate on lines acquired under this chapter.

      (((4))) (6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter.

      (((5))) (7) If rail lines or rail rights of way are used by county rail districts, port districts, state agencies, or other public agencies for the purposes of rail operations and are later abandoned, the rail lines or rail rights of way cannot be used for any other purposes without the consent of the underlying fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or reversionary rights holder.

      (((6) Projects should be prioritized on the basis)) (8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum eligibility requirements for state assistance under RCW 47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory committee. Project criteria should consider the level of local financial commitment to the project as well as cost/benefit ratio. Counties, local communities, railroads, shippers, and others who benefit from the project should participate financially to the greatest extend practicable.

      (((7))) (9) Moneys received by the department from franchise fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined before the distribution of the moneys.

      (((8))) (10) The state shall maintain a contingent interest in ((a line)) any equipment, property, rail line, or facility that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage, or use it in any other manner subordinating the state's interest without permission from the department.

      (11) Moneys distributed under this chapter should be provided as loans wherever practicable. For improvements on or to privately owned railroads, railroad property, or other private property, moneys distributed shall be provided solely as loans.

      Sec. 7. RCW 47.76.270 and 1993 c 224 s 6 are each amended to read as follows:

      (1) The essential rail banking account is ((created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes specified in this section.

      (2) Moneys in the account may be used by the department to:

      (a) Acquire rail rights of way;

      (b) Provide funding to cities, port districts, counties, and county rail districts to acquire rail rights of way; or

      (c) Provide for essential corridor maintenance including drainage management and fire and weed control when necessary.

      (3) Use of the moneys pursuant to subsection (2) of this section shall be for rights of way that meet the following criteria:

      (a) The right of way has been identified and evaluated in the state rail plan prepared pursuant to this chapter;

      (b) The right of way may be or has been abandoned; and

      (c) The right of way has potential for future rail service. The department of transportation shall immediately report any expenditure of essential rail banking account funds on rail banking projects to the legislative transportation committee. The report shall include a description of the project, the project's rank in relation to other potential projects, the amount of funds expended, the terms and parties to the transaction, and any other information that the legislative transportation committee may require.

      (4) The department may also expend funds from the receipt of a donation of funds sufficient to cover the property acquisition and management costs. The department may receive donations of funds for this purpose, which shall be conditioned upon, and made in consideration for the repurchase rights contained in RCW 47.76.280.

      (5) The department or the participating local jurisdiction shall be responsible for maintaining the right of way, including provisions for drainage management, for fire and weed control, and for liability associated with ownership.

      (6) Nothing in this section and in RCW 47.76.260 and 47.76.250 shall be interpreted or applied so as to impair the reversionary rights of abutting landowners, if any, without just compensation.

      (7) The department shall develop guidelines for expenditure of essential rail banking funds in the best interest of the state.

      (8) Moneys loaned under this section must be repaid to the state by the city, port district, county, or county rail district. The repayment must occur within a period not longer than fifteen years, as set by the department, of the distribution of the moneys and deposited in the essential rail banking account. The repayment schedule and rate of interest, if any, must be set at the time of the distribution of the moneys.

      (9) The state shall maintain a contingent interest in any property that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, and associated elements for salvage, or use the line in any other manner subordinating the state's interest without permission from the department)) merged into the essential rail assistance account created under RCW 47.76.250. Any appropriations made to the essential rail banking account are transferred to the essential rail assistance account, and are subject to the restrictions of that account.

      Sec. 8. RCW 47.76.280 and 1993 c 224 s 7 are each amended to read as follows:

      The department may sell or lease property acquired under this chapter to a county rail district established under chapter 36.60 RCW, a county, a port district, or any other public or private entity authorized to operate rail service. Any public or private entity ((which)) that originally donated funds to the department under this chapter shall receive credit against the purchase price for the amount donated to the department, less management costs, in the event such public or private entity purchases the property from the department.

      If no county rail district, county, port district, or other public or private entity authorized to operate rail service purchases or leases the property within six years after its acquisition by the department, the department may sell or lease such property in the manner provided in RCW 47.76.290. Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.300 or 47.76.320.

      NEW SECTION. Sec. 9. A new section is added to chapter 47.76 RCW to read as follows:

      The department of transportation shall convene a Washington state freight rail policy advisory committee from time to time as necessary to accomplish the purposes of this chapter. The committee shall consist of representatives from large and small railroads, agriculture, rural regional transportation planning organizations, urban metropolitan planning organizations, select department of transportation regions, the transportation commission, port districts, cities, counties, organized rail labor, and other parties with an interest in the vitality of freight rail. The purpose of this committee will be to provide policy direction and program oversight.

      NEW SECTION. Sec. 10. RCW 47.76.260 and 1993 c 224 s 5 & 1990 c 43 s 5 are each repealed."

      On line 1 of the title, after "service;" strike the remainder of the title and insert "amending RCW 47.76.200, 47.76.210, 47.76.220, 47.76.230, 47.76.240, 47.76.250, 47.76.270, and 47.76.280; adding a new section to chapter 47.76 RCW; and repealing RCW 47.76.260.", and the same are herewith transmitted.

TIMOTHY A MARTIN, Chief Clerk


MOTION


      Senator Rasmussen moved that the Senate do concur in the House amendments to Senate Bill No. 5655.

      Debate ensued.

      The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate do concur in the House amendments to Senate Bill No. 5655.

      The motion by Senator Rasmussen carried and the Senate concurred in the House amendments to Senate Bill No. 5655.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5655, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5655, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 44.

      Voting nay: Senator Wojahn - 1.

      Excused: Senators Anderson, C., Hochstatter, McCaslin and Owen - 4.

       SENATE BILL NO. 5655, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 4:39 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 5:55 p.m. by President Pritchard.



MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


E2SSB 5439                                                                                                                                                                                   April 22, 1995


Includes "NEW ITEM": YES


Revising procedures for nonoffender at-risk youth and their families


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439, revising procedures for nonoffender at-risk youth and their families, have had the same under consideration and we recommend that all previous amendments not be adopted and the following Conference Committee striking amendment and the Conference Committee amendment to the striking amendment be adopted:


Amendment to striking amendment

      On page 70, beginning on line 13 of the conference report, strike all of section 75 and insert the following:

      "Sec. 75. RCW 28A.225.110 and 1990 c 33 s 228 are each amended to read as follows:

      Notwithstanding the provisions of RCW 10.82.070, fifty percent of all fines except as otherwise provided in RCW 28A.225.010 through 28A.225.140 shall ((inure and)) be applied to the support of the public schools in the school district where such offense was committed: PROVIDED, That all fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW ((as now exists or is later amended)), and fifty percent shall be paid to the county treasurer who shall deposit such amount to the credit of the courts in the county for the exclusive purpose of enforcing the provisions of RCW 28A.225.010 through 28A.225.140."



      Strike everything after the enacting clause and insert the following:

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

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

      The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.

      The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.

      The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.

      The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.

      The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth including services and assessments conducted under chapter 13.32A RCW and RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.

      The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.

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

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

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

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

      (1) "At-risk youth" means a juvenile:

      (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

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

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

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

      (3) "Child in need of services" means a juvenile:

      (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

      (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and

      (i) Has exhibited a serious substance abuse problem; or

      (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

      (c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;

      (ii) Who lacks access, or has declined, to utilize these services; and

      (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

      (4) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

      (5) "Custodian" means the person or entity who has the legal right to the custody of the child.

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

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

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

      (8) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

      (9) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

      (10) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

      (11) "Parent" means the ((legal)) parent or parents who have the legal right to custody of the child. "Parent" includes custodian(((s))) or guardian(((s) of a child;)).

      (((4))) (12) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

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

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

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

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

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

      (14) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

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

      Whenever a child in need of services petition is filed by a youth pursuant to RCW 13.32A.130, or the department pursuant to RCW 13.32A.150, the youth or the department shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.

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

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

      Sec. 6. RCW 13.32A.050 and 1994 sp.s. c 7 s 505 are each amended to read as follows:

      (1) A law enforcement officer shall take a child into custody:

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

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

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

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

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

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

      (3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody.

      (4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

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

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

      (7) No child may be placed in a secure facility except as provided in this chapter.

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

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

      (a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community. The parent may direct the officer to take the child to the home of an adult extended family member, responsible adult, or a licensed youth shelter. The officer releasing a child into the custody of an adult extended family member, responsible adult, or a licensed youth shelter shall inform the child and the person receiving the child of the nature and location of appropriate services available in the community; or

      (b) After attempting to notify the parent, take the child to ((the home of an adult extended family member,)) a designated crisis residential ((center, or the home of a responsible adult after attempting to notify the parent or legal guardian)) center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:

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

      (ii) If it is not practical to transport the child to his or her home or place of the parent's employment; or

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

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

      (2) An officer taking a child into custody under RCW 13.32A.050 (((3))) (1) (c) or (((4))) (d) shall inform the child of the reason for custody((, and)). An officer taking a child into custody under RCW 13.32A.050(1)(c) shall take the child to a designated crisis residential center's secure facility or, if not available or located within a reasonable distance, to a semi-secure facility within a crisis residential center, licensed by the department and established pursuant to chapter 74.13 RCW. ((However,)) An officer taking a child into custody under RCW 13.32A.050(((4))) (1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility. The department shall ensure that all ((the)) law enforcement authorities are informed on a regular basis as to the location of ((the)) all designated secure and semi-secure facilities within crisis residential center or centers in their ((judicial district)) jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

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

      Sec. 8. RCW 13.32A.070 and 1986 c 288 s 2 are each amended to read as follows:

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

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

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

      NEW SECTION. Sec. 9. A new section is added to chapter 13.32A RCW to read as follows:

      The parents of a child placed in a crisis residential center shall contribute fifty dollars per day, for not more than five consecutive days, for the expense of the child's placement. However, the secretary may establish a payment schedule that requires a lesser payment based on a parent's ability to pay. The payment shall be made to the department. No child may be denied placement in, or removed from, a crisis residential center based solely on the income of the parent.

      Sec. 10. RCW 13.32A.090 and 1990 c 276 s 6 are each amended to read as follows:

      (1) The person in charge of a designated crisis residential center or the department ((pursuant to RCW 13.32A.070)) shall perform the duties under subsection (2) of this section:

      (a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 13.32A.060;

      (b) Upon admitting a child who has run away from home or has requested admittance to the center;

      (c) Upon learning from a person under RCW 13.32A.080(3) that the person is providing shelter to a child absent from home; or

      (d) Upon learning that a child has been placed with a responsible adult pursuant to RCW ((13.32A.070)) 13.32A.060.

      (2) When any of the circumstances under subsection (1) of this section are present, the person in charge of a center shall perform the following duties:

      (a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;

      (b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;

      (c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state;

      (d) Arrange transportation for the child to the residence of the parent, as soon as practicable, at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses to be assumed by the department, when the child and his or her parent agrees to the child's return home or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home;

      (e) Arrange transportation for the child to an ((alternative residential)) out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department;

(f) Immediately notify the department of the placement.

      Sec. 11. RCW 13.32A.120 and 1990 c 276 s 7 are each amended to read as follows:

      (1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an ((alternative residential)) out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

      (2) If a child and his or her parent cannot agree to an ((alternative residential)) out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve an ((alternative residential)) out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

      (3) If a child and his or her parent cannot agree to the continuation of an ((alternative residential)) out-of-home placement arrived at under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve an ((alternative residential)) out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

      Sec. 12. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:

      (1) A child admitted to a secure facility within a crisis residential center ((under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in the placement under the rules established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter)) shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission.

      (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child can be safely admitted to a semi-secure facility and may transfer the child to a semi-secure facility. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

      (ii) In making the determination the administrator shall include consideration of the following information if known: (A) A child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away which has endangered the health, safety, and welfare of the child; and (F) the child's willingness to cooperate in conducting the assessment.

      (b) If the administrator determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

      (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

      (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever the administrator reasonably believes that the child is likely to leave the semi-secure facility and not return.

      (3) If no parent is available or willing to remove the child during the five-day period, the department shall consider the filing of a petition under RCW 13.32A.140.

      (4) The requirements of this section shall not apply to a child who is: (a) Returned to the home of his or her parent; (b) placed in a semi-secure facility within a crisis residential center pursuant to a temporary out-of-home placement order authorized under section 44 of this act; (c) placed in an out-of-home placement; or (d) is subject to a petition under section 25 of this act.

      (5) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department may remove the child whenever a dependency petition is filed under chapter 13.34 RCW.

      (6) Crisis residential center staff shall make ((a concerted)) reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of (((1))) (a) the availability of counseling services; (((2))) (b) the right to file a child in need of services petition for an ((alternative residential)) out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; and (((3))) (d) the right to request a review of any ((alternative residential)) out-of-home placement.

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

      (8) A crisis residential center and its administrator or his or her designee acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

      NEW SECTION. Sec. 13. A new section is added to chapter 13.32A RCW to read as follows:

      (1)(a) The administrator of a crisis residential center may convene a multidisciplinary team, which is to be locally based and administered, at the request of a child placed at the center or the child's parent.

      (b) If the administrator has reasonable cause to believe that a child is a child in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team.

      (c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless a petition has been filed under RCW 13.32A.140. If a petition has been filed the parent may not disband the team until the hearing is held under section 20 of this act. The court may allow the team to continue if an out-of-home placement is ordered under section 20(3) of this act. Upon the filing of an at-risk youth or dependency petition the team shall cease to exist, unless the parent requests continuation of the team or unless the out-of-home placement was ordered under section 20(3) of this act.

      (2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery of services through the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each crisis residential center.

      (3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.

      (4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.

      (5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.

      (6) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible. The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

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

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

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

      (d) With the parent's consent, work with them to achieve reconciliation of the child and family.

      NEW SECTION. Sec. 14. A new section is added to chapter 13.32A RCW to read as follows:

      (1) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.

      (2) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.

      (3) The coordinator of the multidisciplinary team may assist in filing a child in need of services petition when requested by the parent or child or an at-risk youth petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.

      (4) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.

      Sec. 15. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:

      The department shall file a child in need of services petition to approve an ((alternative residential)) out-of-home placement on behalf of a child under any of the following sets of circumstances:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      If the department files a petition under this section, the department shall submit in a supporting affidavit any information provided under section 38 of this act.

      Sec. 16. RCW 13.32A.150 and 1992 c 205 s 208 are each amended to read as follows:

      (1) Except as otherwise provided in this ((section)) chapter, the juvenile court shall not accept the filing of ((an alternative residential placement)) a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department. The family assessment provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040, if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under ((subsection (3) of this)) section 25 of this act.

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

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

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

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

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

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

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

      Sec. 17. RCW 13.32A.160 and 1990 c 276 s 11 are each amended to read as follows:

      (1) When a proper child in need of services petition to approve an ((alternative residential)) out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a) Schedule a ((date for a)) fact-finding hearing to be held within three judicial days; notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving an ((alternative residential)) out-of-home placement petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit on application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (((e))) (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

      (2) Upon filing of ((an alternative residential placement)) a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department.

      (3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the ((alternative residential placement)) petition by the court. Any placement may be reviewed by the court within three ((court)) judicial days upon the request of the juvenile or the juvenile's parent.

      Sec. 18. RCW 13.32A.170 and 1989 c 269 s 3 are each amended to read as follows:

      (1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition ((and may approve or deny alternative residential placement)), giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

      (a) The petition is not capricious;

      (b) The petitioner, if a ((parent or the)) child, has made a reasonable effort to resolve the conflict;

      (c) The conflict ((which exists)) cannot be resolved by delivery of services to the family during continued placement of the child in the parental home;

      (d) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

      (e) A suitable out-of-home placement resource is available.

      The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

      (2) ((The order approving out-of-home placement shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to reunite the family and resolve the family conflict. Such plan shall delineate any conditions or limitations on parental involvement. In making the order, the court shall further direct the department to make recommendations, as to which agency or person should have physical custody of the child, as to which parental powers should be awarded to such agency or person, and as to parental visitation rights. The court may direct the department to consider the cultural heritage of the child in making its recommendations.

      (3) The hearing to consider the recommendations of the department for a three-month disposition plan shall be set no later than fourteen days after the approval of the court of a petition to approve alternative residential placement. Each party shall be notified of the time and place of such disposition hearing.

      (4) If the court approves or denies a petition for an alternative residential placement, a written statement of the reasons shall be filed. If the court denies a petition requesting that a child be placed in a residence other than the home of his or her parent, the court shall enter an order requiring the child to remain at or return to the home of his or her parent.

      (5) If the court denies the petition, the court shall impress upon the party filing the petition of the legislative intent to restrict the proceedings to situations where a family conflict is so great that it cannot be resolved by the provision of in-home services.

      (6) A child who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the day of the order.

      (7) The department may request, and the juvenile court may grant, dismissal of an alternative residential placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

      (a) The child has been absent from court approved placement for thirty consecutive days or more;

      (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

      (c) The department has exhausted all available and appropriate resources that would result in reunification.))

      Following the fact-finding hearing the court shall: (a) Enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under section 20(2) of this act; (b) approve an at-risk youth petition filed by the parents; (c) dismiss the petition; or (d) order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

      Sec. 19. RCW 13.32A.175 and 1987 c 435 s 13 are each amended to read as follows:

      In any proceeding in which the court approves an ((alternative residential)) out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving ((alternative residential)) out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.

      NEW SECTION. Sec. 20. A new section is added to chapter 13.32A RCW to read as follows:

      (1) A hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified of the time and place of the hearing.

      (2) At the commencement of the hearing the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1)(e). If the court approves or denies a child in need of services petition, a written statement of the reasons shall be filed. At the conclusion of the hearing the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents; (c) approve a voluntary out-of-home placement requested by the parents; (d) order any conditions set forth in RCW 13.32A.196(2); or (e) order the department to file a petition for dependency under chapter 13.34 RCW.

      (3) At the conclusion of the hearing, if the court has not taken action under subsection (2) of this section it may, at the request of the child or department, enter an order for out-of-home placement for not more than ninety days. The court may only enter an order under this subsection if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the conflict; (v) the conflict cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety. If the court has entered an order under this section, it may order any conditions set forth in RCW 13.32A.196(2).

      (4) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

      (5) The parents or the department may request, and the court may grant, dismissal of a placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

      (a) The child has been absent from court approved placement for thirty consecutive days or more;

      (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

      (c) The department has exhausted all available and appropriate resources that would result in reunification.

      (6) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

      NEW SECTION. Sec. 21. A new section is added to chapter 13.32A RCW to read as follows:

      The crisis residential center administrator shall notify parents and the appropriate law enforcement agency immediately as to any unauthorized leave from the center by a child placed at the center.

      Sec. 22. RCW 13.32A.177 and 1988 c 275 s 14 are each amended to read as follows:

      A determination of ((child)) support payments ordered under RCW 13.32A.175 shall be based upon ((the child support schedule and standards adopted under)) chapter 26.19 RCW ((26.19.040)).

      Sec. 23. RCW 13.32A.180 and 1979 c 155 s 32 are each amended to read as follows:

      (1) ((At a dispositional hearing held to consider the three-month dispositional plan presented by the department the court shall consider all such recommendations included therein. The court, consistent with the stated goal of resolving the family conflict and reuniting the family, may modify such plan and shall make its dispositional order for)) If the court orders a three-month out-of-home placement for the child((.)), the court ((dispositional order)) shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.

      (2) No placement made pursuant to this section may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974 ((and clarifying interpretations and regulations promulgated thereunder)).

      Sec. 24. RCW 13.32A.190 and 1989 c 269 s 5 are each amended to read as follows:

      (1) Upon making a dispositional order under ((RCW 13.32A.180)) section 20 of this act, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in ((mediation)) programs for reconciliation of their conflict.

      (2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with ((the goal of resolving the conflict and reuniting the family which governed the initial approval)) this chapter. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court ((is authorized to)) shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have ((displayed concerted)) made reasonable efforts to ((utilize services and)) resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

      (3) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order ((that)) the child to return to the home of the parent at the expiration of the placement. If ((continued)) an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring ((that)) the child to return to the home of the child's parent.

      (4) The parents and the department may request, and the juvenile court may grant, dismissal of an ((alternative residential)) out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

      (a) The child has been absent from court approved placement for thirty consecutive days or more;

      (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

      (c) The department has exhausted all available and appropriate resources that would result in reunification.

      (5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to section 20(3) of this act.

      NEW SECTION. Sec. 25. A new section is added to chapter 13.32A RCW to read as follows:

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

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

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

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

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

      (2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.

      (3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.

      Sec. 26. RCW 13.32A.192 and 1990 c 276 s 12 are each amended to read as follows:

      (1) When a proper at-risk youth petition is filed by a child's parent under ((RCW 13.32A.120 or 13.32A.150)) this chapter, the juvenile court shall:

      (a) Schedule a fact-finding hearing to be held within three judicial days and notify the parent and the child of such date;

      (b) Notify the parent of the right to be represented by counsel at the parent's own expense;

      (c) Appoint legal counsel for the child;

      (d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and

      (e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.

      (2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an ((alternative residential)) out-of-home placement requested by the parent or child and approved by the parent. ((Upon request by the parent, the court may enter a court order requiring the child to reside in the home of his or her parent or an alternative residential placement approved by the parent.))

      (3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center ((licensed by the department and established pursuant to chapter 74.13 RCW)). If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

      (4) If both ((an alternative residential placement)) a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated ((for purposes of fact-finding)) as an at-risk youth petition. Pending a fact-finding hearing regarding the petition, the child may be placed((,)) in the parent's home or in an out-of-home placement if not already placed((,)) in ((an alternative residential)) a temporary out-of-home placement ((as provided in RCW 13.32A.160 unless the court has previously entered an order requiring the child to reside in the home of his or her parent)). The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home. ((At the review the court, in its discretion, may order the child placed in the parent's home or in an alternative residential placement pending the hearing.))

      Sec. 27. RCW 13.32A.194 and 1990 c 276 s 13 are each amended to read as follows:

      (1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court ((may)) shall grant the petition and enter an order finding the child to be an at-risk youth if the allegations in the petition are established by a preponderance of the evidence((. The court shall not enter such an order if the court has approved an alternative residential placement petition regarding the child or if)), unless the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or ((in an alternative residential placement approved by the parent)) in an out-of-home placement as provided in RCW 13.32A.192(2).

      (2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.

      (3) A dispositional hearing shall be held no later than fourteen days after the court has granted an at-risk youth petition. Each party shall be notified of the time and date of the hearing.

      (4) If the court grants or denies an at-risk youth petition, a statement of the written reasons shall be entered into the records. If the court denies an at-risk youth petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.

      Sec. 28. RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:

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

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

      (a) Regular school attendance;

      (b) Counseling;

      (c) Participation in a substance abuse or mental health outpatient treatment program;

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

      (e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.

      (3) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

      (4) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

      (5) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless: (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under section 20 of this act; or (c) an order has been entered under section 20(3) of this act and the court retains jurisdiction under that subsection. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

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

      Sec. 29. RCW 13.32A.250 and 1990 c 276 s 16 are each amended to read as follows:

      (1) In all ((alternative residential placement)) child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. The court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

      (2) Failure by a party to comply with an order entered under this chapter is a contempt of court as provided in chapter 7.21 RCW, subject to the limitations of subsection (((2))) (3) of this section.

      (3) The court may impose a fine of up to one hundred dollars and ((imprisonment)) confinement for up to seven days, or both for contempt of court under this section.

      (4) A child ((imprisoned)) placed in confinement for contempt under this section shall be ((imprisoned)) placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

      (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

      NEW SECTION. Sec. 30. A new section is added to chapter 13.32A RCW to read as follows:

      (1) This section contains special provisions to deal with the extraordinary dangers to children who are habitual runaways and to assist families to cope with the acute problems presented by such children.

      (2) In disposition proceedings involving a child in need of services or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the child involved in those proceedings is an habitual runaway. The court may include in its dispositional orders a requirement that the child be placed, for up to one hundred eighty consecutive days, in a facility that the court finds operates with a level of security adequate to prevent the child from leaving the facility without authorization and that will provide for the child's participation in a program designed to remedy his or her behavior difficulties. The court may not include this requirement unless, at the disposition hearing, it finds that the placement is clearly necessary in order to protect the child and that less-restrictive orders not requiring such placement would be inadequate to protect the child, given the child's age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again. The orders shall also contain provisions providing for periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement. Prior to each review hearing, the court shall advise the parents of their right to counsel and shall have appointed counsel to represent the child. At each review hearing the court shall review the orders to determine the progress of the child and whether the orders are still necessary for the protection of the child and whether a less-restrictive order of placement would be adequate. The court shall make such modifications in its orders as it finds necessary to protect the child. Unless the court provides to the contrary, review hearings of orders adopted under this section shall be held exclusively under this section and shall not be subject to the review provisions applicable under this chapter to disposition orders pertaining to a child in need of services or to at-risk youth.

      (3) In disposition proceedings involving a child in need of services or an at-risk youth, the court may impose the following additional sanction on an habitual runaway for violation of any court order: The court may order the department of licensing to suspend the child's driver's license for ninety days.

      (4) For purposes of this section, a child is an "habitual runaway" if the child, on three or more separate occasions within the twelve-month period before the commencement of the disposition proceedings, has been absent from the parent's home, or other residence lawfully prescribed for the child, for more than seventy-two consecutive hours without consent of the parent; or if the child during such twelve-month period has been absent from such home or residence without consent of the parent for more than thirty consecutive days.

      (5) State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.

      NEW SECTION. Sec. 31. A new section is added to chapter 46.20 RCW to read as follows:

      When the department of licensing is provided with a court order under section 30 of this act, the department shall suspend for ninety days all driving privileges of the juvenile identified in the order.

      NEW SECTION. Sec. 32. A new section is added to chapter 13.32A RCW to read as follows:

      No superior court may refuse to accept for filing a properly completed and presented child in need of services petition or an at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

      NEW SECTION. Sec. 33. A new section is added to chapter 13.32A RCW to read as follows:

      (1) If any child under the age of ten has remained in out-of-home placement for a period exceeding nine months pursuant to a court order entered under this chapter, the court shall schedule a hearing to take place no later than one year after the initial placement. For a child over ten who has remained in out-of-home placement for a period exceeding fifteen months, the court shall schedule a hearing to take place no later than eighteen months after the initial placement.

      (2) At the hearing the court shall determine whether the case should be referred to the department for the purpose of considering the filing of a dependency petition under chapter 13.34 RCW. In determining whether to refer the case to the department, the court shall determine whether it is in the child's or family's best interest to begin permanency planning as required under chapter 13.34 RCW.

      (3) If the court refers the case to the department, it may identify one of the following outcomes as the primary goal for the referral and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; or, where age-appropriate, independent living or emancipation.

      (4) If the court does not refer the case to the department under subsection (2) of this section, the court shall continue to review the case every six months, for as long as the child remains out-of-home under a court order.

      NEW SECTION. Sec. 34. A new section is added to chapter 13.32A RCW to read as follows:

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

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

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

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

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

      NEW SECTION. Sec. 35. A new section is added to chapter 13.32A RCW to read as follows:

      Violation of section 34 of this act is a misdemeanor.

      NEW SECTION. Sec. 36. A new section is added to chapter 13.32A RCW to read as follows:

      If a person provides the notice required in section 34 of this act, he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.

      NEW SECTION. Sec. 37. A new section is added to chapter 13.32A RCW to read as follows:

      Whenever a law enforcement agency receives a report from a parent that his or her child, or child over whom the parent has custody, has without permission of the parent left the home or residence lawfully prescribed for the child under circumstances where the parent believes that the child has run away from the home or the residence, the agency shall provide for placing information identifying the child in files under RCW 43.43.510.

      NEW SECTION. Sec. 38. A new section is added to chapter 13.32A RCW to read as follows:

      Upon the admissions of a child to a crisis residential center the administrator of the facility shall request the department to provide: (1) The name of any sibling of the child who has been: (a) Placed under the jurisdiction of the juvenile rehabilitation administration; or (b) subject to a proceeding under chapter 13.34 RCW; and (2) information regarding whether the child has run away multiple times.

      The department shall provide the information as soon as feasible. The administrator may utilize the information in assessing the needs of the child but a petition filed under this chapter may not be based solely on this information.

      Sec. 39. RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

      (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

      (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

      (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

      (d) To approve or disapprove ((alternative residential)) out-of-home placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

      (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

      (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

      (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

      If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

      (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

      (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; and

      (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

      (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

      (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

      Sec. 40. RCW 13.04.040 and 1983 c 191 s 14 are each amended to read as follows:

      The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:

      (1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW ((13.34.040, 13.34.180, and)) or RCW 13.40.070 ((as now or hereafter amended, and RCW 13.32A.150));

      (2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;

      (3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, ((as now or hereafter amended,)) and ensure that the requirements of such agreements are met except as otherwise provided in this title;

      (4) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130, ((as now or hereafter amended,)) and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department ((of social and health services)) for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department ((of social and health services)) unless otherwise ordered by the court; and

      (5) Supervise court orders of disposition to ensure that all requirements of the order are met.

      All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.

      The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.

      The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.

      The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080((, as now or hereafter amended)).

      The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

      Sec. 41. RCW 13.04.093 and 1991 c 363 s 11 are each amended to read as follows:

      It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings as provided in chapter 71.34 RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under RCW 26.33.100 or approving or disapproving ((alternative residential)) out-of-home placement: PROVIDED, That in each county with a population of less than two hundred ten thousand, the attorney general may contract with the prosecuting attorney of the county to perform ((said)) the duties of the attorney general under this section.

      NEW SECTION. Sec. 42. The department of social and health services shall develop a plan for the development of an intensive treatment system for children whose behavior puts them at serious risk of harm to themselves or others. In developing this plan, the department shall work with service providers, community leaders, representatives of different cultural communities, businesses, educational institutions, community networks, and others to propose a continuum of services, including placement alternatives, for children who might otherwise be on the street.

      In developing this plan, the department shall identify existing local and state services and barriers to those services for children. The plan for intensive treatment services, to the extent possible, shall build upon those existing resources.

      The plan shall be presented to the legislature and the governor no later than December 1, 1995.

      NEW SECTION. Sec. 43. A new section is added to chapter 13.32A RCW to read as follows:

      Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.

      NEW SECTION. Sec. 44. A new section is added to chapter 13.32A RCW to read as follows:

      In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.

      Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.

      Sec. 45. RCW 43.43.510 and 1967 ex.s. c 27 s 2 are each amended to read as follows:

      As soon as is practical and feasible there shall be established, by means of data processing, files listing stolen and wanted vehicles, outstanding warrants, identifying children whose parents, custodians, or legal guardians have reported as having run away from home or the custodial residence, identifiable stolen property, and such other files as may be of general assistance to law enforcement agencies.

      Sec. 46. RCW 70.96A.090 and 1990 c 151 s 5 are each amended to read as follows:

      (1) The department shall adopt rules establishing standards for approved treatment programs, the process for the review and inspection program applying to the department for certification as an approved treatment program, and fixing the fees to be charged by the department for the required inspections. The standards may concern the health standards to be met and standards of services and treatment to be afforded patients.

      (2) The department may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

      (3) No treatment program may advertise or represent itself as an approved treatment program if approval has not been granted, has been denied, suspended, revoked, or canceled.

      (4) Certification as an approved treatment program is effective for one calendar year from the date of issuance of the certificate. The certification shall specify the types of services provided by the approved treatment program that meet the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.

      (5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which the approved treatment program has not been certified. Approved treatment programs may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.

      (6) The department periodically shall inspect approved public and private treatment programs at reasonable times and in a reasonable manner.

      (7) The department shall maintain and periodically publish a current list of approved treatment programs.

      (8) Each approved treatment program shall file with the department on request, data, statistics, schedules, and information the department reasonably requires. An approved treatment program that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may be removed from the list of approved treatment programs, and its certification revoked or suspended.

      (9) The department shall use the data provided in subsection (8) of this section to evaluate each program that admits children to inpatient treatment upon application of their parents. The evaluation shall be done at least once every twelve months. In addition, the department shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.

      (10) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment program refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.

      Sec. 47. RCW 70.96A.095 and 1991 c 364 s 9 are each amended to read as follows:

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

      (2) The parent of any minor child may apply to an approved treatment program for the admission of his or her minor child for purposes authorized in this chapter. The consent of the minor child shall not be required for the application or admission. The approved treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to an approved treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.

      NEW SECTION. Sec. 48. A new section is added to chapter 70.96A RCW to read as follows:

      (1) The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission. The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

      (2) The department shall ensure a review is conducted no later than sixty days following admission to determine whether it is medically appropriate to continue the child's treatment on an inpatient basis. The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

      If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

      (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.

      Sec. 49. RCW 70.96A.140 and 1993 c 362 s 1 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      NEW SECTION. Sec. 50. A new section is added to chapter 70.96A RCW to read as follows:

      Any provider of treatment in an approved treatment program who provides treatment to a minor under RCW 70.96A.095(1) must provide notice of the request for treatment to the minor's parents. The notice must be made within forty-eight hours of the request for treatment, excluding Saturdays, Sundays, and holidays, and must contain the same information as required under RCW 71.34.030(2)(b).

      NEW SECTION. Sec. 51. A new section is added to chapter 70.96A RCW to read as follows:

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

      Sec. 52. RCW 71.34.030 and 1985 c 354 s 3 are each amended to read as follows:

      (1) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.

      (b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

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

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

      (4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.

      Sec. 53. RCW 71.34.050 and 1985 c 354 s 5 are each amended to read as follows:

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

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

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

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

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

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

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

      Sec. 54. RCW 71.34.070 and 1985 c 354 s 7 are each amended to read as follows:

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

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

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

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

      (i) The name and address of the petitioner;

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

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

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

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

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

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

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

      NEW SECTION. Sec. 55. A new section is added to chapter 71.34 RCW to read as follows:

      Any provider of treatment at an evaluation and treatment facility who provides treatment to a minor under RCW 71.34.030(1) must provide notice of the request for treatment to the minor's parents. The notice must be made within forty-eight hours of the request for treatment, excluding Saturdays, Sundays, and holidays, and must contain the same information as required under RCW 71.34.030(2)(b).

      NEW SECTION. Sec. 56. A new section is added to chapter 71.34 RCW to read as follows:

      (1) The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission. The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

      (2) The department shall ensure a review is conducted lo later than sixty days following admission to determine whether it is medically appropriate to continue the child's treatment on an inpatient basis. The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

      If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

      (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.

      NEW SECTION. Sec. 57. A new section is added to chapter 71.34 RCW to read as follows:

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

      NEW SECTION. Sec. 58. A new section is added to chapter 71.34 RCW to read as follows:

      The department shall randomly select and review the information on children who are admitted to in-patient treatment on application of the child's parent. The review shall determine whether the children reviewed were appropriately admitted into treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.

      Sec. 59. RCW 74.13.031 and 1990 c 146 s 9 are each amended to read as follows:

      The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

      (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

      (2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, ((i.e.)) including homes for children of ethnic minority, ((including)) Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the ((house and senate committees on social and health services)) legislature. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

      (3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency((: PROVIDED, That an)). No investigation is ((not)) required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If ((the)) an investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

      (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

      (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the ((house and senate committees on social and health services)) legislature.

      (6) Have authority to accept custody of children from parents and ((to accept custody of children from)) juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

      (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

      (8) Have authority to purchase care for children((;)) and ((shall follow in general the policy of using)) use properly approved private agency services for the ((actual)) care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

      (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, adoption, and related services ((related thereto)). At least one-third of the membership shall be ((composed of)) child care providers, and at least one member shall represent the adoption community.

      (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

      (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order((; and)). The purchase of such care ((shall be)) is subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

      Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section, all services to be provided by the department of social and health services under subsections (4)((,)) and (6)((, and (7))) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

      Sec. 60. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

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

      (2) Within available funds appropriated for this purpose, the department shall establish, by contracts with private vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.

      (3) The department shall, in addition to the ((regional)) facilities established under subsections (1) and (2) of this section, establish ((not less than thirty)) additional crisis residential centers pursuant to contract with licensed private group care ((or specialized foster home)) facilities.

      (4) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

      (5) The secure facilities located within crisis residential ((facilities)) centers shall be operated ((as semi-secure facilities)) to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no more than three adult staff members to every eight children. The staffing ratio shall continue to ensure the safety of the children.

      (6) A center with secure facilities created under this section may not be located within, or on the same grounds as, other secure structures including jails, juvenile detention facilities operated by the state, or units of local government. However, the secretary may, following consultation with the appropriate county legislative authority, make a written finding that location of a center with secure facilities on the same grounds as another secure structure is the only practical location for a secure facility. Upon the written finding a secure facility may be located on the same grounds as the secure structure. Where a center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.

      NEW SECTION. Sec. 61. A new section is added to chapter 74.13 RCW to read as follows:

      No contract may provide reimbursement or compensation to a crisis residential center's secure facility for any service delivered or provided to a resident child after five consecutive days of residence.

      Sec. 62. RCW 74.13.033 and 1992 c 205 s 213 are each amended to read as follows:

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

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

      (a) Interview the juvenile as soon as possible;

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

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

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

      (e) Convene, when appropriate, a multidisciplinary team.

      (3) Based on the assessments done under subsection (2) of this section the facility staff may refer any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive, or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW, to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is deemed appropriate and consistent with law.

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

      Sec. 63. RCW 74.13.034 and 1992 c 205 s 214 are each amended to read as follows:

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

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

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

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

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

      Sec. 64. RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

      Crisis residential centers shall compile ((yearly)) quarterly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year. Such information shall include but shall not be limited to the following:

      (1) The number, county of residency, age, and sex of children admitted to custody;

      (2) Who brought the children to the center;

      (3) Services provided to children admitted to the center;

      (4) The circumstances which necessitated the children being brought to the center;

      (5) The ultimate disposition of cases;

      (6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;

      (7) Length of stay.

The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.

      The department shall report to the legislature within one year of the initial contracts establishing crisis residential centers operated as a secure facility. The report shall evaluate and compare the information required to be compiled in this section for the secure and semi-secure facilities of crisis residential centers. The department shall include plans for establishing secure facilities as funds are appropriated.

      A center may, in addition to being licensed as such, also be licensed as a ((family foster home or)) group care facility and may house on the premises juveniles assigned for temporary out-of-home placement or foster or group care.

      Sec. 65. RCW 74.13.036 and 1989 c 175 s 147 are each amended to read as follows:

      (1) The department of social and health services shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters. The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state.

      (2) The department shall((, by January 1, 1986,)) develop a plan and procedures, in cooperation with the state-wide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW. Such plan and procedures shall include but are not limited to:

      (a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the ((alternative residential)) child in need of services placement process;

      (b) Procedures for designating department staff responsible for family reconciliation services;

      (c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and 13.32A.250; and

      (d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.

      ((The plan and procedures required under this subsection shall be submitted to the appropriate standing committees of the legislature by January 1, 1986.))

      There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable. Local and regional differences shall be taken into consideration in the development of procedures required under this subsection.

      (3) In addition to its other oversight duties, the department shall:

      (a) Identify and evaluate resource needs in each region of the state;

      (b) Disseminate information collected as part of the oversight process to affected groups and the general public;

      (c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW;

      (d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and

      (e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.

      (4) The secretary shall submit a quarterly report to the appropriate local government entities.

      (((5) Where appropriate, the department shall request opinions from the attorney general regarding correct construction of these laws.))

      NEW SECTION. Sec. 66. A new section is added to chapter 28A.225 RCW to read as follows:

      For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. The local school district boards of directors may create a community truancy board. Members of the board shall be selected from representatives of the community. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance.

      Sec. 67. RCW 28A.225.020 and 1992 c 205 s 202 are each amended to read as follows:

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

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

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

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

      Sec. 68. RCW 28A.225.030 and 1992 c 205 s 203 are each amended to read as follows:

      If the actions taken by a school ((pursuant to)) district under RCW 28A.225.020 ((is)) are not successful in substantially reducing ((a)) an enrolled student's absences from school, ((any of the following actions may be taken after five or more)) upon the fifth unexcused absence((s)) by a child within any month during the current school year or upon the tenth unexcused absence during the current school year((: (1) The attendance officer of)) the school district ((through its attorney may)) shall file a petition with the juvenile court ((to assume jurisdiction under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of)) alleging a violation of RCW 28A.225.010: (1) By the parent; ((or)) (2) ((a petition alleging a violation of RCW 28A.225.010 by a)) by the child ((may be filed with the juvenile court by the parent of such child or by the attendance officer of the school district through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply)); or (3) by the parent and the child.

      If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.

      NEW SECTION. Sec. 69. A new section is added to chapter 28A.225 RCW to read as follows:

      (1) A petition under RCW 28A.225.030 shall consist of a written notification to the court alleging that:

      (a) The child has five or more unexcused absences within any month during the current school year or ten or more unexcused absences in the current school year;

      (b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

      (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

      (2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

      (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.

      (4) When a petition is filed under RCW 28A.225.030, the juvenile court may:

      (a) Schedule a fact-finding hearing at which the court shall consider the petition;

      (b) Separately notify the child, the parent of the child, and the school district of the fact-finding hearing;

      (c) Notify the parent and the child of their rights to present evidence at the fact-finding hearing; and

      (d) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

      (5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.

      (6) The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.

      (7) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

      Sec. 70. RCW 36.18.020 and 1993 c 435 s 1 are each amended to read as follows:

      Clerks of superior courts shall collect the following fees for their official services:

      (1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time ((said)) the paper is filed, a fee of one hundred ten dollars except in proceedings filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing fee of twenty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee, or an unlawful detainer action under chapter 59.18 or 59.20 RCW where the plaintiff shall pay a filing fee of thirty dollars. If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay, prior to proceeding with the unlawful detainer action, an additional eighty dollars which shall be considered part of the filing fee. The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

      (2) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when ((said)) the paper is filed, a fee of one hundred ten dollars.

      (3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.

      (4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.

      (5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.

      (6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of fifty dollars; if the demand is for a jury of twelve the fee shall be one hundred dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors.

      (7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect twenty dollars.

      (8) For preparing, transcribing or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.

      (9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

      (10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of twenty dollars shall be charged.

      (11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

      (12) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars: PROVIDED, HOWEVER, A fee of twenty dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection (13) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.

      (13) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of one hundred ten dollars.

      (14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.

      (15) For the preparation of a passport application the clerk may collect an execution fee as authorized by the federal government.

      (16) For clerks' special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

      (17) For duplicated recordings of court's proceedings there shall be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

      (18) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.

      (19) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

      (20) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

      NEW SECTION. Sec. 71. A new section is added to chapter 28A.225 RCW to read as follows:

      In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under RCW 28A.225.030, 28A.225.090, and section 69 of this act and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under RCW 28A.225.030, 28A.225.090, and section 69 of this act and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

      NEW SECTION. Sec. 72. A new section is added to chapter 28A.225 RCW to read as follows:

      (1) Each school shall document the actions taken under RCW 28A.225.020 and 28A.225.030 and report this information at the end of each grading period to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.

      (2) The reports under subsection (1) of this section shall include:

      (a) The number of enrolled students and the number of excused and unexcused absences;

      (b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020;

      (c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year;

      (d) Documentation of success by the school district in substantially reducing enrolled student absences for students with five or more absences in any month or ten or more unexcused absences in any school year;

      (e) The number of petitions filed by a school district or a parent with the juvenile court; and

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

      (3) A report required under this section shall not disclose the name or other identification of a child or parent.

      (4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year.

      Sec. 73. RCW 28A.225.060 and 1990 c 33 s 223 are each amended to read as follows:

      Any ((attendance officer)) school district official, sheriff, deputy sheriff, marshal, police officer, or any other officer authorized to make arrests, ((shall)) may take into custody without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend school((, such child then being a truant from instruction at the school which he or she is lawfully required to attend)) and is absent from school without an approved excuse, and shall ((forthwith)) deliver ((a child so detained either)) the child to: (1) ((to)) The custody of a person in parental relation to the child ((or)); (2) ((to)) the school from which the child is ((then a truant)) absent; or (3) a program designated by the school district.

      Sec. 74. RCW 28A.225.090 and 1992 c 205 s 204 are each amended to read as follows:

      Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined. If the child fails to comply with the court order to attend school, the court may: (1) Order the child be punished by detention; or ((may)) (2) impose alternatives to detention such as community service hours or participation in dropout prevention programs or referral to a community truancy board, if available. Failure by a child to comply with an order issued under this section shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the ((juvenile's)) child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service at the child's school instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the ((juvenile)) child in a supervised plan for the ((juvenile's)) child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

      ((Attendance officers)) School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the ((superior or district)) juvenile court.

      Sec. 75. RCW 28A.225.110 and 1990 c 33 s 228 are each amended to read as follows:

      Notwithstanding the provisions of RCW 10.82.070, all fines except as otherwise provided in RCW 28A.225.010 through 28A.225.140 shall ((inure and be applied to the support of the public schools in the school district where such offense was committed: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended)) be paid to the county treasurer who shall deposit the fine to the credit of the courts in the county for the exclusive purpose of enforcing the provisions of RCW 28A.225.010 through 28A.225.140.

      NEW SECTION. Sec. 76. A new section is added to chapter 28A.225 RCW to read as follows:

      (1) Prior to the beginning of each new semester, quarter, or other academic period followed by a district, each district shall prepare a list of its enrolled students who, during the previous one hundred eighty days, have substantially failed to carry out their school attendance responsibility under RCW 28A.225.010(1). The list shall be effective for the duration of the new semester, quarter, or other academic period. A student shall be considered to have "substantially failed" to carry out this responsibility if the student has been absent from school without excuse for five or more school days during the one hundred eighty school days preceding the date on which the list is published. For purposes of this subsection, the number of "school days" absent without excuse shall be determined by dividing the number of hours the student was absent without excuse by the number of hours in the student's average school day.

      (2) No student on the district's list prepared under subsection (1) of this section shall be permitted to enroll in a traffic safety education course offered by a school district or offered by a driver training school under chapter 46.82 RCW or shall be permitted to obtain an application for a driver's license under chapter 46.20 RCW. A school district shall provide the notice specified under section 79 of this act, resulting in the suspension of the student's driving privilege.

      NEW SECTION. Sec. 77. A new section is added to chapter 46.82 RCW to read as follows:

      A driver training school may not provide instruction in the operation of an automobile to a minor who is subject to section 76 of this act, unless the driver training school is provided with a statement by the principal of the minor's school that the minor is not on the school district's list of students who have substantially failed to carry out their school attendance responsibilities.

      Sec. 78. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:

      The department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license or the issuance of a motorcycle endorsement for a particular category unless:

      (1) The application is also signed by a parent or guardian having the custody of such minor, or in the event a minor under the age of eighteen has no father, mother, or guardian, then a driver's license shall not be issued to the minor unless his or her application is also signed by the minor's employer; ((and))

      (2) If the applicant is a student subject to section 76 of this act, the department is provided with proof that the applicant is not on the district's list of students who have substantially failed to carry out their school attendance responsibilities.

      (3) The applicant has satisfactorily completed a traffic safety education course as defined in RCW 28A.220.020, conducted by a recognized secondary school, that meets the standards established by the office of the state superintendent of public instruction or the applicant has satisfactorily completed a traffic safety education course, conducted by a commercial driving instruction enterprise, that meets the standards established by the office of the superintendent of public instruction and is officially approved by that office on an annual basis: PROVIDED, HOWEVER, That the director may upon a showing that an applicant was unable to take or complete a driver education course waive that requirement if the applicant shows to the satisfaction of the department that a need exists for the applicant to operate a motor vehicle and he or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property, under rules to be promulgated by the department in concert with the supervisor of the traffic safety education section, office of the superintendent of public instruction. For a person under the age of eighteen years to obtain a motorcycle endorsement, he or she must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

      The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection.

      NEW SECTION. Sec. 79. A new section is added to chapter 46.20 RCW to read as follows:

      Upon receipt of a notice from a school district that a juvenile is on the district's list of students who have substantially failed to carry out their school attendance responsibilities under section 76 of this act, the department shall suspend for ninety days all driving privileges of such student. The department shall adopt rules to implement this section.

      NEW SECTION. Sec. 80. The superintendent of public instruction, in consultation with school districts and the department of licensing, shall develop necessary forms and procedures for demonstrating that juveniles are not on the school district's list of students who have substantially failed to carry out their school attendance responsibilities. The procedures shall be established and operational by September 1, 1996.

      NEW SECTION. Sec. 81. (1) The Washington state institute for public policy shall review and evaluate the process of filing petitions under RCW 28A.225.030 and section 69 of this act, including:

      (a) The number of petitions filed by school districts;

      (b) The disposition of petitions filed;

      (c) The frequency of penalties and fines ordered by the courts;

      (d) The frequency of contempt orders issued to enforce court orders; and

      (e) The effectiveness of the petition process in reducing unexcused absences.

      The institute shall submit a report of its findings to the legislature by January 1, 1998.

      (2) The institute, in consultation with the superintendent of public instruction and other members of the education community, shall review and evaluate the need to develop a state-wide definition of excused and unexcused absences. The institute shall submit a report of its findings to the legislature by January 1, 1996.

      (3) The institute, in consultation with the superintendent of public instruction, the state board of education, and other members of the education community, shall review and evaluate the need to prohibit school districts from suspending or expelling students as disciplinary measures in response to unexcused absences of the students. The institute shall submit a report of its findings to the legislature by January 1, 1996.

      (4) If specific funding for the purpose of this section is not provided by June 30, 1995, in the omnibus appropriations act, this section is null and void.

      NEW SECTION. Sec. 82. A new section is added to chapter 28A.600 RCW to read as follows:

      School district boards of directors shall review school district policies regarding access and egress by students from secondary school grounds during school hours. Each school district board of directors shall adopt a policy specifying any restrictions on students leaving secondary school grounds during school hours.



      Sec. 83. RCW 82.14.300 and 1990 2nd ex.s. c 1 s 1 are each amended to read as follows:

      The legislature finds and declares that local government criminal justice systems are in need of assistance. Many counties and cities are unable to provide sufficient funding for additional police protection, mitigation of congested court systems, public safety education, and relief of overcrowded jails.

      In order to ensure public safety, it is necessary to provide fiscal assistance to help local governments to respond immediately to these criminal justice problems, while initiating a review of the criminal justice needs of cities and counties and the resources available to address those needs.

      To provide for a more efficient and effective response to these problems, the legislature encourages cities and counties to coordinate strategies against crime and use multijurisdictional and innovative approaches in addressing criminal justice problems.

      ((The legislature intends to provide fiscal assistance to counties and cities in the manner provided in this act until the report of the task force created under RCW 82.14.301 is available for consideration by the legislature.))

      Sec. 84. RCW 82.14.320 and 1993 sp.s. c 21 s 2 are each amended to read as follows:

      (1) The municipal criminal justice assistance account is created in the state treasury.

      (2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:

      (a) The city has a crime rate in excess of one hundred twenty-five percent of the state-wide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;

      (b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(3) at the maximum rate; and

      (c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the state-wide average per capita yield for all cities from such local sales and use tax.

      (3) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed at such times as distributions are made under RCW 82.44.150. The distributions shall be made as follows:

      (a) Unless reduced by this subsection, thirty percent of the moneys shall be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than one hundred seventy-five percent of the state-wide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a) but, if a city distribution is reduced as a result of exceeding the fifty percent limitation, the amount not distributed shall be distributed under (b) of this subsection.

      (b) The remainder of the moneys, including any moneys not distributed in subsection (2)(a) of this section, shall be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.

      (4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.

      (5) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.

      (6) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and publications and public educational efforts designed to provide information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.

      NEW SECTION. Sec. 85. (1) Section 71 of this act shall take effect September 1, 1995.

      (2) Section 82 of this act shall take effect September 1, 1996.

      NEW SECTION. Sec. 86. The following acts or parts of acts are each repealed:

      (1) RCW 28A.225.040 and 1990 c 33 s 221 & 1969 ex.s. c 223 s 28A.27.030;

      (2) RCW 28A.225.050 and 1990 c 33 s 222, 1986 c 132 s 4, 1975 1st ex.s. c 275 s 56, 1971 c 48 s 9, 1969 ex.s. c 176 s 105, & 1969 ex.s. c 223 s 28A.27.040;

      (3) RCW 28A.225.070 and 1990 c 33 s 224, 1975 1st ex.s. c 275 s 57, 1969 ex.s. c 176 s 106, & 1969 ex.s. c 223 s 28A.27.080;

      (4) RCW 28A.225.100 and 1990 c 33 s 227, 1987 c 202 s 190, 1975 1st ex.s. c 275 s 58, & 1970 ex.s. c 15 s 14;

      (5) RCW 28A.225.120 and 1990 c 33 s 229, 1986 c 132 s 6, 1979 ex.s. c 201 s 7, & 1969 ex.s. c 223 s 28A.27.110;

      (6) RCW 28A.225.130 and 1990 c 33 s 230, 1987 c 202 s 192, & 1969 ex.s. c 223 s 28A.27.120; and

      (7) RCW 28A.225.150 and 1992 c 205 s 205, 1990 c 33 s 232, & 1986 c 132 s 7.

      NEW SECTION. Sec. 87. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void."

      On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "amending RCW 13.32A.010, 13.32A.030, 13.32A.040, 13.32A.050, 13.32A.060, 13.32A.070, 13.32A.090, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.250, 13.04.030, 13.04.040, 13.04.093, 43.43.510, 70.96A.090, 70.96A.095, 70.96A.140, 71.34.030, 71.34.050, 71.34.070, 74.13.031, 74.13.032, 74.13.033, 74.13.034, 74.13.035, 74.13.036, 28A.225.020, 28A.225.030, 36.18.020, 28A.225.060, 28A.225.090, 28A.225.110, 46.20.100, 82.14.300, and 82.14.320; adding new sections to chapter 13.32A RCW; adding new sections to chapter 46.20 RCW; adding new sections to chapter 70.96A RCW; adding new sections to chapter 71.34 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 28A.225 RCW; adding a new section to chapter 46.82 RCW; adding a new section to chapter 28A.600 RCW; creating new sections; repealing RCW 28A.225.040, 28A.225.050, 28A.225.070, 28A.225.100, 28A.225.120, 28A.225.130, and 28A.225.150; prescribing penalties; and providing effective dates.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Hargrove, Long, Kohl; Representatives Carrell, Cooke, Wolfe.


MOTION


      On motion of Senator Hargrove, the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5439.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5439, as recommended by the Conference Committee.

      Debate ensued.


PERSONAL PRIVILEGE


      Senator Long: "A point of personal privilege, Mr. President. I would like to thank our staff. They are the unsung heros; they worked half the night on numerous occasions and without them, we wouldn't have a bill before us. I know everyone else feels the same way. Thank you very much."


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5439, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senator Fairley - 1.

      Absent: Senator Fraser - 1.

      Excused: Senators Anderson, C. and McCaslin - 2.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the Senate amendment(s) to HOUSE BILL NO. 1296 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Bauer, the Senate insists on its position regarding the Senate amendment(s) to House Bill No. 1296 and asks the House to concur therein.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the Senate amendment(s) to HOUSE BILL NO. 1436 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Rinehart, the Senate insists on its position regarding the Senate amendment(s) to House Bill No. 1436 and once again asks the House to concur therein.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5653 and again asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Quigley, the Senate insists on its position regarding the House amendment(s) to Substitute Senate Bill No. 5653 and once again asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 22, 1995

      The House has passed SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008 with the following amendments:

      On page 1, line 9, after "Taiwan" strike ", the Republic of China"

      On page 1, line 11, after "Taiwan" strike ", the Republic of China,"

      On page 1, line 16, after "Taiwan" strike ", the Republic of China"

      On page 2, line 5, after "Taiwan" strike ", the Republic of China,"

      On page 2, line 11, after "Taiwan" strike ", the Republic of China,", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Pelz, the Senate concurred in the House amendments to Substitute Senate Joint Memorial No. 8008.


MOTION


      On motion of Senator Kohl, Senators Fairley, Fraser, Gaspard and Rinehart were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8008, as amended by the House.




ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8008, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 2; Absent, 1; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.

      Voting nay: Senators Heavey and Strannigan - 2.

      Absent: Senator Owen - 1.

      Excused: Senators Anderson, C., Fairley, Fraser, Gaspard, McCaslin and Rinehart - 6.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008, as amended by the House, having received the constitutional majority, was declared passed.


MESSAGE FROM THE HOUSE


April 21, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the House amendment(s) to ENGROSSED SENATE BILL NO. 5269 and once again asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Rasmussen, the Senate insists on its position regarding the House amendment(s) to Engrossed Senate Bill No. 5269 and once again asks the House to recede therefrom.



MOTION


      At 6:25 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 7:41 p.m. by President Pritchard


MESSAGES FROM THE HOUSE


April 23, 1995


MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5119,

      SUBSTITUTE SENATE BILL NO. 5567,

      SENATE BILL NO. 5677, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995


MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 1117,

      SECOND ENGROSSED HOUSE BILL NO. 1130,

      HOUSE BILL NO. 1193,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209,

      SUBSTITUTE HOUSE BILL NO. 1237,

      SUBSTITUTE HOUSE BILL NO. 1336,

      SUBSTITUTE HOUSE BILL NO. 1383,

      HOUSE BILL NO. 1725,

      SUBSTITUTE HOUSE BILL NO. 1756,

      ENGROSSED HOUSE BILL NO. 1770,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922, and the same are herewith transmitted.


TIMOTHY A. MARTIN, Chief Clerk





April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1524 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE BILL NO. 1117,

      SECOND ENGROSSED HOUSE BILL NO. 1130,

      HOUSE BILL NO. 1193,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209,

      SUBSTITUTE HOUSE BILL NO. 1237,

      SUBSTITUTE HOUSE BILL NO. 1336,

      SUBSTITUTE HOUSE BILL NO. 1383,

      HOUSE BILL NO. 1725,

      SUBSTITUTE HOUSE BILL NO. 1756,

      ENGROSSED HOUSE BILL NO. 1770,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922.


      There being no objection, the President advanced the Senate to the eighth order of business.


MOTION


      On motion of Senator Hargrove, the following resolution was adopted:


SENATE RESOLUTION 1995-8657


By Senator Hargrove


      WHEREAS, Russell H. Barker, a Washington State Department of Transportation maintenance worker, was killed while trying to save the State Route 101 Bogachiel River Bridge from washing out during a violent rainstorm on December 14, 1979; and

      WHEREAS, The family of Russell H. Barker has requested that the replacement structure over the Bogachiel River be identified as a memorial for him; and

      WHEREAS, The City Council of the city of Forks, Washington, has unanimously recommended that a Russ Barker Memorial be located on the Bogachiel River Bridge; and

      WHEREAS, The Department of Transportation has considered the requests from the Barker family and the city of Forks and has concluded that it is highly appropriate to name the bridge which replaced the one that Russ Barker was trying to save in his honor; and

      WHEREAS, The Transportation Commission may designate a structure as a memorial in appropriate circumstances;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby requests that the Transportation Commission rename the Bogachiel River Bridge on State Route 101 as the Russell Barker Memorial Bridge in honor of his ultimate sacrifice and to remember his faithful service to the people of the state of Washington.


      There being no objection, the President returned the Senate to the fourth order of business.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5244 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


ESSB 5244                                                                                                                                                                                     April 23, 1995


Includes "NEW ITEM": YES


Revising the definition of "dependent child" for purposes of aid to families with dependent children


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5244, Revising the definition of "dependent child" for purposes of aid to families with dependent children, have had the same under consideration and we recommend that all previous amendments not be adopted; that the following striking amendment by the Conference Committee be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 74.12.010 and 1992 c 136 s 2 are each amended to read as follows:

      For the purposes of the administration of aid to families with dependent children assistance, the term "dependent child" means any child in need under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of the parent, and who is living with a relative as specified under federal aid to families with dependent children program requirements, in a place of residence maintained by one or more of such relatives as his or their homes.

      Neither the definition of "dependent child" under this section nor any other provision under this chapter shall limit the requirements of the department to provide notification to parents under section 2 of this act or limit the right of a responsible parent to be excused from providing support for a dependent child under sections 4 and 5 of this act.

      The term a "dependent child" shall, notwithstanding the foregoing, also include a child who would meet such requirements except for his removal from the home of a relative specified above as a result of a judicial determination that continuation therein would be contrary to the welfare of such child, for whose placement and care the state department of social and health services or the county office is responsible, and who has been placed in a licensed or approved child care institution or foster home as a result of such determination and who: (1) Was receiving an aid to families with dependent children grant for the month in which court proceedings leading to such determination were initiated; or (2) would have received aid to families with dependent children for such month if application had been made therefor; or (3) in the case of a child who had been living with a specified relative within six months prior to the month in which such proceedings were initiated, would have received aid to families with dependent children for such month if in such month he had been living with such a relative and application had been made therefor, as authorized by the Social Security Act: PROVIDED, That to the extent authorized by the legislature in the biennial appropriations act and to the extent that matching funds are available from the federal government, aid to families with dependent children assistance shall be available to any child in need who has been deprived of parental support or care by reason of the unemployment of a parent or stepparent liable under this chapter for support of the child.

      "Aid to families with dependent children" means money payments, services, and remedial care with respect to a dependent child or dependent children and the needy parent or relative with whom the child lives and may include another parent or stepparent of the dependent child if living with the parent and if the child is a dependent child by reason of the physical or mental incapacity or unemployment of a parent or stepparent liable under this chapter for the support of such child.

      NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:

      (1) Whenever the department receives an application for assistance on behalf of a child under this chapter and an employee of the department has reason to believe that the child has suffered abuse or neglect, the employee shall cause a report to be made as provided under chapter 26.44 RCW.

      (2) Whenever the department approves an application for assistance on behalf of a child under this chapter, the department shall make a reasonable effort to determine whether the child is living with a parent of the child. Whenever the child is living in the home of a relative other than a parent of the child, the department shall make reasonable efforts to notify the parent with whom the child has most recently resided that an application for assistance on behalf of the child has been approved by the department and shall advise the parent of his or her rights under sections 2 through 5 of this act, unless good cause exists not to do so based on a substantiated claim that the parent has abused or neglected the child.

      (3) Upon written request of the parent, the department shall notify the parent of the address and location of the child, unless there is a current investigation or pending case involving abuse or neglect by the parent under chapter 13.34 RCW.

      (4) The department shall notify and advise the parent of the provisions of the family reconciliation act under chapter 13.32A RCW.

      NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:

      The department shall make reasonable efforts to notify the parent under section 2(2) of this act as soon as reasonably possible, but no later than seven days after approval of the application by the department.

      NEW SECTION. Sec. 4. A new section is added to chapter 74.12 RCW to read as follows:

      A parent may be excused from providing support for a dependent child receiving assistance as provided under section 5 of this act.

      NEW SECTION. Sec. 5. A new section is added to chapter 74.20A RCW to read as follows:

      (1) For the purpose of this title or Title 26 RCW, a responsible parent shall be excused from providing support for a dependent child receiving public assistance, if the responsible parent is the legal custodian of the child and the parent meets the requirements under this section. The responsible parent shall only be excused for any period during which the parent meets the requirements. In order to be excused, the responsible parent must establish:

      (a) He or she is the legal custodian of the child;

      (b) When there is a question or dispute regarding the parent having legal custody of the child, a court or administrative tribunal of competent jurisdiction has entered an order providing legal and physical custody of the child to the responsible parent;

      (c) When a custody order is required under (b) of this subsection, the custody order has not been modified, superseded, or dismissed;

      (d) The child receiving public assistance left the home of the responsible parent without that parent's consent and there is no current investigation, pending case, or court order involving abuse or neglect by the parent under chapter 13.34 RCW; and

      (e) Within a reasonable time after the child's absence from the home, he or she has exerted reasonable efforts to regain physical custody of the child.

      (2) The department shall adopt rules to implement the requirements of this section.

      NEW SECTION. Sec. 6. By October 1, 1995, the department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any sections of this act. By October 1, 1995, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver. By January 1 of each year, the department shall report to the legislature on the status of its efforts to obtain any federal statutory or regulatory waivers provided in this section. If all federal statutory or regulatory waivers necessary to fully implement this act have not been obtained, the department shall report the extent to which this act can be implemented without receipt of such waivers. The reporting requirement under this section shall terminate upon a report from the department that all waivers necessary to implement this act have been obtained.

      NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      On page 1, line 2 of the title, after "children;" strike the remainder of the title and insert "amending RCW 74.12.010; adding new sections to chapter 74.12 RCW; adding a new section to chapter 74.20A RCW; and creating a new section.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Owen, Palmer, Fairley; Representatives Boldt, Buck, Thibaudeau.


MOTION


      On motion of Senator Owen, the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5244.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5244, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5244, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 43.

      Absent: Senators Haugen, Prentice and Sutherland - 3.

      Excused: Senators Anderson, C., Fraser and McCaslin - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5244, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


E2SSB 5448                                                                                                                                                                                   April 22, 1995


Includes "NEW ITEM": YES


Modifying provisions for public water system regulation


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448, Modifying provisions for public water system regulation, have had the same under consideration and we recommend that the House striking amendment adopted April 13, 1995, be adopted with the following changes:

      On page 5, beginning on line 17, strike all of section 5

On page 8, line 35, after "monitoring" strike "or water quality standards," and insert ", or water quality standards which would put the public health at risk,"

      On page 12, line 13, after "connection," strike all material down to and including "In" on line 19 and insert "or, in"

      On page 19, after line 35, insert the following:

      "NEW SECTION. Sec. 17. A new section is added to chapter 70.119A RCW to read as follows:

      An individual well serving a group domestic use shall be allowed to provide water service connections for up to a number equal to the approved maximum daily withdrawal amount for the well as determined by the water right divided by four hundred. The department may approve a greater number of service connections based on a factor of less than four hundred gallons per day delivered to each residence."

      Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title., and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Sutherland, Fraser, Swecker; Representatives Chandler, McMorris, Sheldon.


MOTION


      On motion of Senator Sutherland, the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute Senate Bill No. 5448.


MOTIONS


      On motion of Senator West, Senator Sellar was excused.

      On motion of Senator Loveland, Senator Haugen was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5448, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5448, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Excused: Senators Anderson, C., Fraser, Haugen, McCaslin and Sellar - 5.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 13, 1995

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5943 with the following amendments:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The governing body of a city, while not required by legislative mandate to do so, may, after July 1, 1995, by resolution or ordinance for the purposes authorized under sections 5 and 7 of this act, fix and impose a sales tax on the charge for rooms to be used for lodging by transients in accordance with the terms of chapter . . ., Laws of 1995 (this act). Such tax shall be collected from those persons who are taxable by the state under RCW 67.40.090, but only those taxable persons located within the boundaries of the city imposing the tax. The rate of such tax imposed by a city shall be two percent of the charge for rooms to be used for lodging by transients. Any such tax imposed under this section shall not be collected prior to January 1, 2000. The tax authorized under this section shall be levied and collected in the same manner as those taxes authorized under chapter 82.14 RCW. Penalties, receipts, abatements, refunds, and all other similar matters relating to the tax shall be as provided in chapter 82.08 RCW.

      (2) The tax levied under this section shall remain in effect and not be modified for that period for which the principal and interest obligations of state bonds issued to finance the expansion of the state convention and trade center under RCW 67.40.030 remain outstanding.

      (3) As used in this section, the term "city" means a municipality that has within its boundaries a convention and trade facility as defined in RCW 67.40.020.

      NEW SECTION. Sec. 2. When remitting sales tax receipts to the state under RCW 82.14.050, the city treasurer, or its designee, shall at the same time remit the sales taxes collected under section 1 of this act for the municipality. The sum so collected and paid over on behalf of the municipality shall be credited against the amount of the tax otherwise due to the state from those same taxpayers under RCW 82.08.020(1).

      NEW SECTION. Sec. 3. (1) The cities shall contract, prior to the effective date of a resolution or ordinance imposing a sales tax under section 1 of this act, the administration and collection of the local option sales tax to the state department of revenue at no cost to the municipality. The tax authorized by chapter . . ., Laws of 1995 (this act) which is collected by the department of revenue shall be deposited by the state into the account created under RCW 67.40.040 in the state treasury.

      (2) The sales tax authorized under section 1 of this act shall be due and payable in the same manner as those taxes authorized under RCW 82.14.030.

      NEW SECTION. Sec. 4. The state sales tax on construction performed under section 5 of this act collected by the department of revenue under chapter 82.08 RCW shall be deposited by the state into the account created under RCW 67.40.040 in the state treasury.

      NEW SECTION. Sec. 5. All taxes levied and collected under section 1 of this act shall be credited to the state convention and trade center account in the state treasury and used solely by the corporation formed under RCW 67.40.020 for the purpose of paying all or any part of the cost associated with: The financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of convention center facilities related to the expansion recommended by the convention center expansion and city facilities task force created under section 148, chapter 6, Laws of 1994 sp. sess.; the acquisition, construction, and relocation costs of replacement housing; and the repayment of loans and advances from the state, including loans authorized previously under this chapter, or to pay or secure the payment of all or part of the principal of or interest on any state bonds issued for purposes authorized under this chapter.

      NEW SECTION. Sec. 6. Upon the effective date of this act, the corporation may proceed with preliminary design and planning activities, environmental studies, and real estate appraisals for convention center improvements. No other expenditures may be made in support of the expansion project recommended by the convention center expansion and city facilities task force created under section 148, chapter 6, Laws of 1994 sp. sess. prior to acceptance by the board of directors of the corporation of an irrevocable commitment for funding from public or private participants consistent with the expansion development study task force recommendations report dated December 1994.

      NEW SECTION. Sec. 7. (1) Moneys received from any tax imposed under section 1 of this act shall be used for the purpose of providing funds to the corporation for the costs associated with paying all or any part of the cost associated with: The financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of convention center facilities; the acquisition, construction, and relocation costs of replacement housing; and repayment of loans and advances from the state, including loans authorized previously under this chapter, or to pay or secure the payment of all or part of the principal of or interest on any state bonds issued for purposes authorized under this chapter.

      (2) If any of the revenue from any local sales tax authorized under section 1 of this act shall have been encumbered or pledged by the state to secure the payment of any state bonds as authorized under RCW 67.40.030, then as long as that agreement or pledge shall be in effect, the legislature shall not withdraw from the municipality the authority to levy and collect the tax or the tax credit authorized under sections 1 and 2 of this act.

      Sec. 8. RCW 67.28.180 and 1991 c 363 s 139 and 1991 c 336 s 1 are each reenacted and amended to read as follows:

      (1) Subject to the conditions set forth in subsections (2) and (3) of this section, the legislative body of any county or any city, is authorized to levy and collect a special excise tax of not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property: PROVIDED, That it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

      (2) Any levy authorized by this section shall be subject to the following:

      (a) Any county ordinance or resolution adopted pursuant to this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed pursuant to this section upon the same taxable event.

      (b) In the event that any county has levied the tax authorized by this section and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such county shall be exempt from the provisions of (a) of this subsection, to the extent that the tax revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160: PROVIDED, That so much of such pledged tax revenues, together with any investment earnings thereon, not immediately necessary for actual payment of principal and interest on such bonds may be used: (i) In any county with a population of one million or more, for repayment either of limited tax levy general obligation bonds or of any county fund or account from which a loan was made, the proceeds from the bonds or loan being used to pay for constructing, installing, improving, and equipping stadium capital improvement projects, and to pay for any engineering, planning, financial, legal and professional services incident to the development of such stadium capital improvement projects, regardless of the date the debt for such capital improvement projects was or may be incurred; or (ii) in other counties, for county-owned facilities for agricultural promotion. A county is exempt under this subsection in respect to city revenue or general obligation bonds issued after April 1, 1991, only if such bonds mature before January 1, 2013.

      As used in this subsection (2)(b), "capital improvement projects" may include, but not be limited to a stadium restaurant facility, restroom facilities, artificial turf system, seating facilities, parking facilities and scoreboard and information system adjacent to or within a county owned stadium, together with equipment, utilities, accessories and appurtenances necessary thereto. The stadium restaurant authorized by this subsection (2)(b) shall be operated by a private concessionaire under a contract with the county.

      (c) No city within a county exempt under subsection (2)(b) of this section may levy the tax authorized by this section so long as said county is so exempt: PROVIDED, That in the event that any city in such county has levied the tax authorized by this section and has, prior to June 26, 1975, authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160, such city may levy the tax so long as ((and to the extent that)) the tax revenues are pledged for payment of principal and interest on bonds issued at any time pursuant to the provisions of RCW 67.28.150 through 67.28.160.

      (3) Any levy authorized by this section by a county that has levied the tax authorized by this section and has, prior to June 26, 1975, either pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued revenue or general obligation bonds pursuant to the provisions of RCW 67.28.150 through 67.28.160 shall be subject to the following:

      (a) Taxes collected under this section in any calendar year in excess of five million three hundred thousand dollars shall only be used as follows:

      (i) Seventy-five percent from January 1, 1992, through December 31, 2000, and seventy percent from January 1, 2001, through December 31, 2012, for art museums, cultural museums, heritage museums, the arts, and the performing arts. Moneys spent under this subsection (3)(a)(i) shall be used for the purposes of this subsection (3)(a)(i) in all parts of the county.

      (ii) Twenty-five percent from January 1, 1992, through December 31, 2000, and thirty percent from January 1, 2001, through December 31, 2012, for the following purposes and in a manner reflecting the following order of priority: Stadium capital improvements, as defined in subsection (2)(b) of this section; acquisition of open space lands; youth sports activities; and tourism promotion.

      (b) At least seventy percent of moneys spent under (a)(i) of this subsection for the period January 1, 1992, through December 31, 2000, shall be used only for the purchase, design, construction, and remodeling of performing arts, visual arts, heritage, and cultural facilities, and for the purchase of fixed assets that will benefit art, heritage, and cultural organizations. For purposes of this subsection, fixed assets are tangible objects such as machinery and other equipment intended to be held or used for ten years or more. Moneys received under this subsection (3)(b) may be used for payment of principal and interest on bonds issued for capital projects. Qualifying organizations receiving moneys under this subsection (3)(b) must be financially stable and have at least the following:

      (i) A legally constituted and working board of directors;

      (ii) A record of artistic, heritage, or cultural accomplishments;

      (iii) Been in existence and operating for at least two years;

      (iv) Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses;

      (v) Demonstrated ability to sustain operational capacity subsequent to completion of projects or purchase of machinery and equipment; and

      (vi) Evidence that there has been independent financial review of the organization.

      (c) At least forty percent of the revenues distributed pursuant to (a)(i) of this subsection for the period January 1, 2001, through December 31, 2012, shall be deposited in an account and shall be used to establish an endowment. Principal in the account shall remain permanent and irreducible. The earnings from investments of balances in the account may only be used for the purposes of (a)(i) of this subsection.

      (d) School districts and schools shall not receive revenues distributed pursuant to (a)(i) of this subsection.

      (e) Moneys distributed to art museums, cultural museums, heritage museums, the arts, and the performing arts, and moneys distributed for tourism promotion shall be in addition to and may not be used to replace or supplant any other funding by the legislative body of the county.

      (f) As used in this section, "tourism promotion" includes activities intended to attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional, and amateur sports events. Moneys allocated to tourism promotion in a class AA county shall be allocated to nonprofit organizations formed for the express purpose of tourism promotion in the county. Such organizations shall use moneys from the taxes to promote events in all parts of the class AA county.

      (g) No taxes collected under this section may be used for the operation or maintenance of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged. Expenditures for operation or maintenance include all expenditures other than expenditures that directly result in new fixed assets or that directly increase the capacity, life span, or operating economy of existing fixed assets.

      (h) No ad valorem property taxes may be used for debt service on bonds issued for a public stadium that is financed by bonds to which the tax is pledged, unless the taxes collected under this section are or are projected to be insufficient to meet debt service requirements on such bonds.

      (i) If ((a substantial part of the operation and management of a public stadium that is financed directly or indirectly by bonds to which the tax is pledged is performed by a nonpublic entity or if)) a public stadium is sold that is financed directly or indirectly by bonds to which the tax is pledged, any bonds to which the tax is pledged shall be retired.

      (j) The county shall not lease a public stadium that is financed directly or indirectly by bonds to which the tax is pledged to, or authorize the use of the public stadium by, a professional major league sports franchise unless the sports franchise gives the right of first refusal to purchase the sports franchise, upon its sale, to local government. This subsection (3)(j) does not apply to contracts in existence on April 1, 1986.

      If a court of competent jurisdiction declares any provision of this subsection (3) invalid, then that invalid provision shall be null and void and the remainder of this section is not affected.

      Sec. 9. RCW 67.28.182 and 1987 c 483 s 2 are each amended to read as follows:

      (1) The legislative body of ((Pierce)) any county with a population of over five hundred thousand but less than one million, within which is a national park, and the ((councils)) legislative bodies of cities in ((Pierce county)) these counties are each authorized to levy and collect a special excise tax of not to exceed ((two)) five percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

      (2) Any county ordinance or resolution adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed under this section upon the same taxable event.

      (3) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county or city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.

      (4) All taxes levied and collected under this section shall be credited to a special fund in the treasury of the county or city. Such taxes shall be levied ((only)) as follows: (a) At least two percent for the purpose of visitor and convention promotion and development, including marketing of local convention facilities; and (b) at least three percent for the acquisition, construction, expansion, marketing, management, and financing of convention facilities, and facilities necessary to support major tourism destination attractions that serve a minimum of one million visitors per year. Until withdrawn for use, the moneys accumulated in such fund may be invested in interest bearing securities by the county or city treasurer in any manner authorized by law.

      Sec. 10. RCW 67.28.240 and 1993 sp.s. c 16 s 3 are each amended to read as follows:

      (1) The legislative body of a county that qualified under RCW 67.28.180(2)(b) other than a county with a population of one million or more and the legislative bodies of cities in the qualifying county are each authorized to levy and collect a special excise tax of three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

      (2) No ((city may impose the special excise tax authorized in subsection (1) of this section during the time the city is imposing the tax under RCW 67.28.180, and no)) county may impose the special excise tax authorized in subsection (1) of this section until such time as those cities within the county containing at least one-half of the total incorporated population have imposed the tax.

      (3) Any county ordinance or resolution adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed under this section upon the same taxable event.

      (4) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county or city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.

      NEW SECTION. Sec. 11. RCW 67.28.250 and 1992 c 156 s 2 & 1988 ex.s. c 1 s 22 are each repealed.

      Sec. 12. RCW 67.40.020 and 1993 c 500 s 9 are each amended to read as follows:

      (1) The governor is authorized to form a public nonprofit corporation in the same manner as a private nonprofit corporation is formed under chapter 24.03 RCW. The public corporation shall be an instrumentality of the state and have all the powers and be subject to the same restrictions as are permitted or prescribed to private nonprofit corporations, but shall exercise those powers only for carrying out the purposes of this chapter and those purposes necessarily implied therefrom. The governor shall appoint a board of nine directors for the corporation who 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. After January 1, 1991, at least one position on the board shall be filled by a member representing management in the hotel or motel industry subject to taxation under RCW 67.40.090. The directors may provide for the payment of their expenses. The corporation may ((cause a state convention and trade center with an overall size of approximately three hundred thousand square feet to be designed and constructed on a site in the city of Seattle. In acquiring, designing, and constructing the state convention and trade center, the corporation shall consider the recommendations and proposals issued on December 11, 1981, by the joint select committee on the state convention and trade center)) acquire, construct, expand, and improve the state convention and trade center within the city of Seattle. Notwithstanding the provisions of subsection (2) of this section, the corporation may acquire, lease, sell, or otherwise encumber property rights, including but not limited to development or condominium rights, deemed by the corporation as necessary for facility expansion.

      (2) The corporation may acquire and transfer real and personal property by lease, sublease, purchase, or sale, and further acquire property by condemnation of privately owned property or rights to and interests in such property pursuant to the procedure in chapter 8.04 RCW. However, acquisitions and transfers of real property, other than by lease, may be made only if the acquisition or transfer is approved by the director of financial management in consultation with the chairpersons of the appropriate fiscal committees ((on ways and means)) of the senate and house of representatives. The corporation may accept gifts or grants, request the financing provided for in RCW 67.40.030, cause the state convention and trade center facilities to be constructed, and do whatever is necessary or appropriate to carry out those purposes. Upon approval by the director of financial management in consultation with the chairpersons of the ((ways and means)) appropriate fiscal committees of the house of representatives and the senate, the corporation may enter into lease and sublease contracts for a term exceeding the fiscal period in which these lease and sublease contracts are made. The terms of sale or lease of properties acquired by the corporation on February 9, 1987, pursuant to the property purchase and settlement agreement entered into by the corporation on June 12, 1986, including the McKay parcel which the corporation is contractually obligated to sell under that agreement, shall also be subject to the approval of the director of financial management in consultation with the chairpersons of the ((ways and means)) appropriate fiscal committees of the house of representatives and the senate. No approval by the director of financial management is required for leases of individual retail space, meeting rooms, or convention-related facilities. In order to allow the corporation flexibility to secure appropriate insurance by negotiation, the corporation is exempt from RCW 48.30.270. The corporation shall maintain, operate, promote, and manage the state convention and trade center.

      (3) In order to allow the corporation flexibility in its personnel policies, the corporation is exempt from chapter 41.06 RCW, chapter 41.05 RCW, RCW 43.01.040 through 43.01.044, chapter 41.04 RCW and chapter 41.40 RCW.

      Sec. 13. RCW 67.40.040 and 1991 sp.s. c 13 s 11 are each amended to read as follows:

      (1) The proceeds from the sale of the bonds authorized in RCW 67.40.030, proceeds of the ((tax)) taxes imposed under RCW 67.40.090 and section 1 of this act, and all other moneys received by the state convention and trade center from any public or private source which are intended to fund the acquisition, design, construction, expansion, exterior cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, purchase of the land and building known as the McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized under section 5 of this act shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by the directors of the corporation.

      (2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the following purposes in the following priority:

      (a) For reimbursement of the state general fund under RCW 67.40.060;

      (b) After appropriation by statute:

      (i) For payment of expenses incurred in the issuance and sale of the bonds issued under RCW 67.40.030;

      (ii) For expenditures authorized in section 5 of this act;

      (iii) For acquisition, design, and construction of the state convention and trade center; and

      (((iii))) (iv) For reimbursement of any expenditures from the state general fund in support of the state convention and trade center; and

      (c) For transfer to the state convention and trade center operations account.

      (3) The corporation shall identify with specificity those facilities of the state convention and trade center that are to be financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income for federal income tax purposes. The corporation shall not permit the extent or manner of private business use of those bond-financed facilities to be inconsistent with treatment of such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.

      (4) In order to ensure consistent treatment of bonds authorized under RCW 67.40.030 with applicable provisions of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond proceeds deposited in the state convention and trade center account in the state treasury shall be retained in the account, and shall be expended by the corporation for the purposes authorized under chapter . . ., Laws of 1995 (this act) and in a manner consistent with applicable provisions of the Internal Revenue Code of 1986, as amended.

      Sec. 14. RCW 67.40.045 and 1993 sp.s. c 12 s 9 are each amended to read as follows:

      (1) The director of financial management, in consultation with the chairpersons of the ((ways and means)) appropriate fiscal committees of the senate and house of representatives, may authorize temporary borrowing from the state treasury for the purpose of covering cash deficiencies in the state convention and trade center account resulting from project completion costs. Subject to the conditions and limitations provided in this section, lines of credit may be authorized at times and in amounts as the director of financial management determines are advisable to meet current and/or anticipated cash deficiencies. Each authorization shall distinctly specify the maximum amount of cash deficiency which may be incurred and the maximum time period during which the cash deficiency may continue. The total amount of borrowing outstanding at any time shall never exceed the lesser of:

      (a) $58,275,000; or

      (b) An amount, as determined by the director of financial management from time to time, which is necessary to provide for payment of project completion costs.

      (2) Unless the due date under this subsection is extended by statute, all amounts borrowed under the authority of this section shall be repaid to the state treasury by June 30, ((1997)) 1999, together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are borrowed. Borrowing may be authorized from any excess balances in the state treasury, except the agricultural permanent fund, the Millersylvania park permanent fund, the state university permanent fund, the normal school permanent fund, the permanent common school fund, and the scientific permanent fund.

      (3) As used in this section, "project completion" means:

      (a) All remaining development, construction, and administrative costs related to completion of the convention center; and

      (b) Costs of the McKay building demolition, Eagles building rehabilitation, development of low-income housing, and construction of rentable retail space and an operable parking garage.

      (4) It is the intent of the legislature that project completion costs be paid ultimately from the following sources:

      (a) $29,250,000 to be received by the corporation under an agreement and settlement with Industrial Indemnity Co.;

      (b) $1,070,000 to be received by the corporation as a contribution from the city of Seattle;

      (c) $20,000,000 from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

      (d) $4,765,000 for contingencies and project reserves from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

      (e) $13,000,000 for conversion of various retail and other space to meeting rooms, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

      (f) $13,300,000 for expansion at the 900 level of the facility, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

      (g) $10,400,000 for purchase of the land and building known as the McKay Parcel, for development of low-income housing, for development, construction, and administrative costs related to completion of the state convention and trade center, including settlement costs related to construction litigation, and for partially refunding obligations under the parking garage revenue note issued by the corporation to Industrial Indemnity Company in connection with the agreement and settlement identified in (a) of this subsection, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090. All proceeds from any sale of the McKay parcel shall be deposited in the state convention and trade center account and shall not be expended without appropriation by law;

      (h) $300,000 for Eagles building exterior cleanup and repair, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090; and

      (i) The proceeds of the sale of any properties owned by the state convention and trade center that are not planned for use for state convention and trade center operations, with the proceeds to be used for development, construction, and administrative costs related to completion of the state convention and trade center, including settlement costs related to construction litigation.

      (5) The borrowing authority provided in this section is in addition to the authority to borrow from the general fund to meet the bond retirement and interest requirements set forth in RCW 67.40.060. To the extent the specific conditions and limitations provided in this section conflict with the general conditions and limitations provided for temporary cash deficiencies in RCW 43.88.260 (section 7, chapter 502, Laws of 1987), the specific conditions and limitations in this section shall govern.

      (6) For expenditures authorized under section 5 of this act, the corporation may use the proceeds of the special excise tax authorized under RCW 67.40.090, the sales tax authorized under section 1 of this act, contributions to the corporation from public or private participants, and investment earnings on any of the funds listed in this subsection.

      Sec. 15. RCW 67.40.090 and 1991 c 2 s 3 are each amended to read as follows:

      (1) Commencing April 1, 1982, there is imposed, and the department of revenue shall collect, in King county a special excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than sixty lodging units. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes rental or lease of real property and not a mere license to use or enjoy the same. The legislature on behalf of the state pledges to maintain and continue this tax until the bonds authorized by this chapter are fully redeemed, both principal and interest.

      (2) The rate of the tax imposed under this section shall be as provided in this subsection.

      (a) From April 1, 1982, through December 31, 1982, inclusive, the rate shall be three percent in the city of Seattle and two percent in King county outside the city of Seattle.

      (b) From January 1, 1983, through June 30, 1988, inclusive, the rate shall be five percent in the city of Seattle and two percent in King county outside the city of Seattle.

      (c) From July 1, 1988, through December 31, 1992, inclusive, the rate shall be six percent in the city of Seattle and two and four-tenths percent in King county outside the city of Seattle.

      (d) From January 1, 1993, and until ((the change date)) bonds and all other borrowings authorized under RCW 67.40.030 are retired, the rate shall be seven percent in the city of Seattle and two and eight-tenths percent in King county outside the city of Seattle.

      (e) Except as otherwise provided in (d) of this subsection, on and after the change date, the rate shall be six percent in the city of Seattle and two and four-tenths percent in King county outside the city of Seattle.

      (f) As used in this section, "change date" means the October 1st next occurring after certification occurs under (g) of this subsection.

      (g) On August 1st of 1998 and of each year thereafter until certification occurs under this subsection, the state treasurer shall determine whether seventy-one and forty-three one-hundredths percent of the revenues actually collected and deposited with the state treasurer for the tax imposed under this section during the twelve months ending June 30th of that year, excluding penalties and interest, exceeds the amount actually paid in debt service during the same period for bonds issued under RCW 67.40.030 by at least two million dollars. If so, the state treasurer shall so certify to the department of revenue.

      (3) The proceeds of the special excise tax shall be deposited as provided in this subsection.

      (a) Through June 30, 1988, inclusive, all proceeds shall be deposited in the state convention and trade center account.

      (b) From July 1, 1988, through December 31, 1992, inclusive, eighty-three and thirty-three one-hundredths percent of the proceeds shall be deposited in the state convention and trade center account. The remainder shall be deposited in the state convention and trade center operations account.

      (c) From January 1, 1993, until the change date, eighty-five and seventy-one-hundredths percent of the proceeds shall be deposited in the state convention and trade center account. The remainder shall be deposited in the state convention and trade center operations account.

      (d) On and after the change date, eighty-three and thirty-three one-hundredths percent of the proceeds shall be deposited in the state convention and trade center account. The remainder shall be deposited in the state convention and trade center operations account.

      (4) Chapter 82.32 RCW applies to the tax imposed under this section.

      NEW SECTION. Sec. 16. Sections 1 through 7 of this act are each added to chapter 67.40 RCW.

      NEW SECTION. Sec. 17. 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. 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 immediately."

      On page 1, line 1 of the title, after "centers;" strike the remainder of the title and insert "amending RCW 67.28.182, 67.28.240, 67.40.020, 67.40.040, 67.40.045, and 67.40.090; reenacting and amending RCW 67.28.180; adding new sections to chapter 67.40 RCW; repealing RCW 67.28.250; and declaring an emergency.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Rinehart, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5943.


MOTION


      On motion of Senator Wood, Senator Johnson was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5943, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5943, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 17; Absent, 0; Excused, 6.

      Voting yea: Senators Deccio, Drew, Fairley, Finkbeiner, Gaspard, Hale, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Moyer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Swecker, Winsley and Wood - 26.

      Voting nay: Senators Anderson, A., Bauer, Cantu, Franklin, Hargrove, Morton, Newhouse, Oke, Owen, Palmer, Quigley, Snyder, Spanel, Strannigan, Sutherland, West and Wojahn - 17.

      Excused: Senators Anderson, C., Fraser, Haugen, Johnson, McCaslin and Sellar - 6.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5943, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1461, except in the amendment to page 2, line 16, and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Owen, the Senate insists on its position regarding the Senate amendment on page 2, line 16, to Engrossed House Bill No. 1461 and once again asks the House to concur therein.


MESSAGE FROM THE HOUSE

April 14, 1995

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5606 with the following amendments:

      On page 2, line 6, after "of" strike everything down to and including "This" on page 6, line 14, and insert "salvaged water by local communities and individuals for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent salvaged water is appropriate and available for beneficial uses, it should be used where feasible to supplement existing water supplies without threatening existing resources or public health in order to preserve potable water for drinking purposes and encourage water conservation practices.

      The legislature further finds and declares that the use of salvaged water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW, nor is it inconsistent with the state's relinquishment statutes, chapter 90.48 RCW.

      It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state. It is also the intent of the legislature that the relationship between reclaimed water and other salvaged water be clarified to allow for the maximum use of current water conservation technologies and promote efficient administration of this limited resource.

      The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW.

      Sec. 2. RCW 90.46.010 and 1992 c 204 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) "Greywater" means ((sewage)) wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters.

      (2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement for residential, business, and governmental purposes.

      (3) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever.

      (4) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a ((direct)) beneficial use or a controlled use that would not otherwise occur.

      (5) "Sewage" means water-carried human wastes((, including kitchen, bath, and laundry waste)) from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present.

      (6) "User" means any person who uses reclaimed water.

      (7) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system.

      (8) "Beneficial use," as used in this chapter, means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose.

      (9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water.

      (10) "Ground water recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW.

      (11) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface percolation.

      (12) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health.

      (13) "Salvaged water" means water reclaimed under this chapter and water made surplus through efficiencies in use and related activities.

      (14) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands.

      (15) "Surface percolation" means the controlled application of water to the ground surface for the purpose of recharging ground water.

      (16) "Wetland or wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. No agency shall use a delineation process for what constitutes a wetland that is more stringent than that adopted by the United States army corps of engineers.

      (17) "Man-made wetlands" means a wetland intentionally created from a nonwetland site to produce or replace natural habitat.

      NEW SECTION. Sec. 3. A new section is added to chapter 90.46 RCW to read as follows:

      (1) Reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the ground water recharge criteria as measured in ground water beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

      (2) If the state ground water recharge criteria as defined in RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter.

      (3) Reclaimed water that does not meet the ground water recharge criteria may be beneficially used for surface percolation where the department of ecology has specifically authorized such use at such lower standard.

      NEW SECTION. Sec. 4. A new section is added to chapter 90.46 RCW to read as follows:

      (1) Reclaimed water may be beneficially used for discharge into man-made wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

      (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into man-made wetlands where the department of ecology has specifically authorized such use at lower standards.

      NEW SECTION. Sec. 5. A new section is added to chapter 90.46 RCW to read as follows:

      Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable.

      NEW SECTION. Sec. 6. A new section is added to chapter 90.46 RCW to read as follows:

      The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality considerations and avoidance of property damage from excessive recharge.

      NEW SECTION. Sec. 7. A new section is added to chapter 90.46 RCW to read as follows:

      The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands.

      NEW SECTION. Sec. 8. A new section is added to chapter 90.46 RCW to read as follows:

      On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local governments and local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound region and chapter 372-32 WAC.

      NEW SECTION. Sec. 9. The department of ecology and the department of health shall report on the progress of the implementation of this act to the members of the agriculture and ecology committee of the house of representatives and the members of the ecology and parks committee of the senate by December 15, 1995.

      Sec. 10. RCW 90.46.050 and 1992 c 204 s 6 are each amended to read as follows:

      (1) The department of health shall, before ((May 1, 1992)) July 1, 1995, form an advisory committee, in coordination with the department of ecology and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter. Such committee shall be composed of individuals from the public water and wastewater utilities, landscaping enhancement industry, commercial and industrial application community, and any other persons deemed technically helpful by the department of health.

      (2) ((The department of health shall report to the joint select committee on water resource policy by December 1, 1992, on the fee structure which has been recommended under RCW 90.46.030(3) and review fees authorized under RCW 90.46.040(3).)) The advisory committee shall: Review and make recommendations regarding the relationship between the right to use reclaimed water and the abandonment and relinquishment statutes, chapter 90.48 RCW; examine the anomaly in water allocation law posed by statutes calling for the issuance of permits under the water pollution control laws, chapter 90.48 RCW, rather than permits issued under the state's water allocation laws which govern other salvaged water; analyze whether the administration of use permits for reclaimed water should be transferred to the water allocation laws; and identify administrative barriers to the use of practices or technologies that will result in water being made surplus because of greater efficiencies.

      NEW SECTION. Sec. 11. Sections 1 through 10 of this"

      Correct internal references accordingly and correct the title.


      On page 6, after line 18, insert the following:

      "Sec. 12. RCW 90.03.380 and 1991 c 347 s 15 are each amended to read as follows:

      (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That ((said)) the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and ((said)) the application shall not be granted until notice of ((said)) the application ((shall be)) is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

      (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

      (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district.

      (4) Subsections (1), (2), and (3) of this section do not apply to a change regarding a portion of the water governed by a water right that is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in crops grown under the water right. The use within an irrigation district of water supplied by the district and made surplus as provided in this subsection shall be regulated solely as provided by the board of directors of the irrigation district except as follows: Such a use requires the approval of the board of directors of the irrigation district or must otherwise be authorized by the board; the board may approve or authorize such a use only if the use does not impair the financial or operational integrity of the district; and water made surplus through a change in the crops grown with district-supplied water is not available for use as a matter of right by the individual water user making the change, but may be used by the board for the benefit of the district generally. The district's board of directors may approve or otherwise authorize under this subsection uses of such surplus water that result in the total irrigated acreage within the district exceeding the irrigated acreage recorded with the department for the district's water right if the board notifies the department of the change in the irrigated acreage within the district. Such a notification provides a change in the district's water right and, upon receiving the notification, the department shall revise its records for the district's right to reflect the change. A change or use authorized by or under this subsection shall be made without loss of priority of the right. The use of water other than irrigation district-supplied water that is made surplus as provided in this subsection is governed by section 13 of this act.

      (5) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

      NEW SECTION. Sec. 13. A new section is added to chapter 90.03 RCW to read as follows:

      If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in the crops grown under the water right, the right to use the surplus water may be changed to use on other lands owned by the holder of the water right that are contiguous to the lands upon which the use of the water was authorized by the right before such a change. Such a change shall be made without loss of priority of the right. The holder of the water right shall notify the department of such a change. The notification provides a change in the holder's water right and, upon receiving the notification, the department shall revise its records for the water right to reflect the change.

      This section does not apply to water supplied by an irrigation district.

      Sec. 14. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows:

      (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing his priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or he may change the manner or the place of use of the water((: PROVIDED, HOWEVER, That such)). An amendment shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (((1))) (a) The additional or substitute well or wells shall tap the same body of public ground water as the original well or wells; (((2))) (b) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; (((3))) (c) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (((4))) (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

      (2) This section does not apply to a change in use of a portion of the water governed by a ground water right that is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance technologies, which are more efficient or more water use efficient than those under which the right was perfected or through a change in the crops grown under the water right. RCW 90.03.380(4) and section 13 of this act apply to water made surplus as provided in this subsection.

      Sec. 15. RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows:

      When an application complying with the provisions of this chapter and with the rules and regulations of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public. If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit. The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.

      This section does not apply to changes made under section 13 of this act or to changes made under RCW 90.03.380(4) or 90.44.100(2).

      Sec. 16. RCW 90.44.445 and 1993 c 99 s 1 are each amended to read as follows:

      In any acreage expansion program adopted by the department as an element of a ground water management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years. The department may require annual certification that the certificate holder has complied with all requirements of the program. The department may terminate the authority of a certificate holder to participate in the program for one calendar year if the certificate holder fails to comply with the requirements of the program.

      This section applies only in an area with a ground water area or subarea management program in effect on the effective date of this section. The provisions of section 13 of this act, RCW 90.03.380, and 90.44.100 apply to transfers, changes, amendments to permits or rights for the beneficial use of ground water in any other area."

      Renumber the remaining section consecutively, correct internal references accordingly, and correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


POINT OF ORDER


      Senator Fraser: "A point of order, Mr. President. I feel that the House amendments to Substitute Senate Bill No. 5606 exceed the scope and object of the bill. Basically, the bill that passed the Senate relates solely to reclaimed water, which is a water quality subject and the bill allows additional uses of reclaimed water, subject to health and environmental standards. Both of the House amendments relate to a separate and new subject, that of water quantity. The House amendments create a new definition called salvaged water and includes within it both reclaimed water and surplus water. Now, surplus water is a definition--a concept--in the water quantity statutes that relates to property rights to use water and the circumstances under which water rights are relinquished. The other water quantity amendment deals with transfers and changes in water rights. The amendments do not relate to reclaimed water, so I do feel that these amendments exceed the scope and object of the bill."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5606.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SENATE BILL NO. 5770 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


ESB 5770                                                                                                                                                                                       April 23, 1995


Includes "NEW ITEM": YES


Providing for unemployment insurance claimant profiling


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SENATE BILL NO. 5770, providing for unemployment insurance claimant profiling, have had the same under consideration and we recommend that:

      All previous amendments not be adopted, and the following striking amendment by the Conference Committee be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 50.20.010 and 1981 c 35 s 3 are each amended to read as follows:

      An unemployed individual shall be eligible to receive waiting period credits or benefits with respect to any week in his or her eligibility period only if the commissioner finds that:

      (1) He or she has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulation as the commissioner may prescribe, except that the commissioner may by regulation waive or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which ((he or she)) the commissioner finds that the compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this title;

      (2) He or she has filed an application for an initial determination and made a claim for waiting period credit or for benefits in accordance with the provisions of this title;

      (3) He or she is able to work, and is available for work in any trade, occupation, profession, or business for which he or she is reasonably fitted. To be available for work an individual must be ready, able, and willing, immediately to accept any suitable work which may be offered to him or her and must be actively seeking work pursuant to customary trade practices and through other methods when so directed by the commissioner or ((his)) the commissioner's agents;

      (4) He or she has been unemployed for a waiting period of one week; ((and))

      (5) He or she participates in reemployment services if the individual has been referred to reemployment services pursuant to the profiling system established by the commissioner under section 2 of this act, unless the commissioner determines that:

      (a) The individual has completed such services; or

      (b) There is justifiable cause for the claimant's failure to participate in such services; and

      (6) As to weeks beginning after March 31, 1981, which fall within an extended benefit period as defined in RCW 50.22.010(((1), as now or hereafter amended)), the individual meets the terms and conditions of RCW 50.22.020((, as now or hereafter amended,)) with respect to benefits claimed in excess of twenty-six times the individual's weekly benefit amount.

      An individual's eligibility period for regular benefits shall be coincident to his or her established benefit year. An individual's eligibility period for additional or extended benefits shall be the periods prescribed elsewhere in this title for such benefits.

      NEW SECTION. Sec. 2. A new section is added to chapter 50.20 RCW to read as follows:

      (1) The commissioner shall establish and use a profiling system for new claimants for regular compensation under this title that identifies permanently separated workers who are likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment. The profiling system shall use a combination of individual characteristics and labor market information to assign each individual a unique probability of benefit exhaustion. Individuals identified as likely to exhaust benefits shall be referred to reemployment services, such as job search assistance services, to the extent such services are available at public expense.

      (2) The profiling system shall include collection and review of follow-up information relating to the services received by individuals under this section and the employment outcomes for the individuals following receipt of the services. The information shall be used in making profiling identifications.

      (3) In carrying out reviews of individuals receiving services, the department may contract with public or private entities and may disclose information or records necessary to permit contracting entities to assist in the operation and management of department functions. Any information or records disclosed to public or private entities shall be used solely for the purposes for which the information was disclosed and the entity shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized disclosure of information or records deemed private and confidential under chapter 50.13 RCW by any person or organization to which access is permitted by this section shall subject the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.

      Sec. 3. RCW 50.20.043 and 1985 c 40 s 1 are each amended to read as follows:

      (1) No otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with respect to any week in which the individual is satisfactorily progressing in a training program with the approval of the commissioner by reason of the application of RCW 50.20.010(3), 50.20.015, 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work.

      (2) An individual shall be considered to be in training with the approval of the commissioner if the individual is one who:

      (a)(i) The commissioner determines to be a dislocated worker as defined by RCW 50.04.075; or

      (ii) Fits the department's profile of unemployed workers who are likely to exhaust their benefits; and ((who))

      (b) Is satisfactorily progressing in a training program approved by the commissioner ((shall be considered to be in training with the approval of the commissioner)).

      (3) At the time of filing for an initial determination, individuals determined to be dislocated workers as defined in RCW 50.04.075 or who fit the department's profile of unemployed workers who are likely to exhaust their benefits shall be provided with information concerning the opportunity, if the individual is otherwise eligible, to receive benefits while satisfactorily progressing in training approved by the commissioner.

      NEW SECTION. Sec. 4. The commissioner may adopt rules as necessary to implement the 1995 c ... ss 1 and 3 (sections 1 and 3 of this act) amendments to RCW 50.20.010 and 50.20.043 and section 2 of this act, including but not limited to definitions, eligibility standards, program review criteria and procedures, and provisions necessary to comply with applicable federal laws and regulations that are a condition to receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

      NEW SECTION. Sec. 5. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

      NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      On page 1, line 1 of the title, after "profiling;" strike the remainder of the title and insert "amending RCW 50.20.010 and 50.20.043; adding a new section to chapter 50.20 RCW; creating new sections; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Pelz, Newhouse; Representatives Lisk, Thompson, Romero.


MOTION


      On motion of Senator Pelz, the Senate adopted the Report of the Conference Committee on Engrossed Senate Bill No. 5770.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5770, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5770, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 2; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Heavey and Sheldon - 2.

      Absent: Senators Deccio and Owen - 2.

      Excused: Senators Anderson, C. and McCaslin - 2.

      ENGROSSED SENATE BILL NO. 5770, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5885 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


ESSB 5885                                                                                                                                                                                     April 22, 1995

Includes "NEW ITEM": YES


Modifying services to families


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5885, modifying services to families, have had the same under consideration and we recommend that all previous amendments not be adopted; that the following striking amendment by the Conference Committee be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 74.14C.005 and 1992 c 214 s 1 are each amended to read as follows:

      (1) ((It is the intent of the legislature to make available, within available funds, intensive services to children and families that are designed to prevent the unnecessary imminent placement of children in foster care, and designed to facilitate the reunification of the children with their families.)) The legislature believes that protecting the health and safety of children is paramount. The legislature recognizes that the number of children entering out-of-home care is increasing and that a number of children receive long-term foster care protection. Reasonable efforts by the department to shorten out-of-home placement or avoid it altogether should be a major focus of the child welfare system. It is intended that providing up-front services decrease the number of children entering out-of-home care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.

      Within available funds, the legislature directs the department to focus child welfare services on protecting the child, strengthening families and, to the extent possible, providing necessary services in the family setting, while drawing upon the strengths of the family. The legislature intends services be locally based and offered as early as possible to avoid disruption to the family, out-of-home placement of the child, and entry into the dependency system. The legislature also intends that these services be used for those families whose children are returning to the home from out-of-home care. These services are known as family preservation services and intensive family preservation services and are characterized by the following values, beliefs, and goals:

      (a) Safety of the child is always the first concern;

      (b) Children need their families and should be raised by their own families whenever possible;

      (c) Interventions should focus on family strengths and be responsive to the individual ((family)) family's cultural values and needs; ((and))

      (d) Participation should be voluntary; and

      (e) Improvement of family functioning is essential in order to promote the child's health, safety, and welfare and thereby allow the family to remain intact and allow children to remain at home.

      (2) Subject to the availability of funds for such purposes, the legislature intends for ((family preservation)) these services to be made available to all eligible families on a state-wide basis through a phased-in process. Except as otherwise specified by statute, the department of social and health services shall have the authority and discretion to implement and expand ((family preservation)) these services ((according to a plan and time frame determined by the department)) as provided in this chapter. The department shall consult with the community public health and safety networks when assessing a community's resources and need for services.

      (3) It is the legislature's intent that, within available funds, the department develop services in accordance with this chapter.

      (4) Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision of ((family)) preservation services to any person or family ((where)) if the ((department has determined that such)) services are unavailable or unsuitable or that the child or family are not eligible for such services.

      Sec. 2. RCW 74.14C.010 and 1992 c 214 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) "Department" means the department of social and health services.

      (2) (("Family preservation services" means services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for unnecessary imminent foster care placement, and that have all of the characteristics delineated in RCW 74.14C.020.

      (3) "Foster care" means placement of a child by the department or a licensed child placing agency in a home or facility licensed pursuant to chapter 74.15 RCW, or in a home or facility that is not required to be licensed pursuant to chapter 74.15 RCW.

      (4))) "Family preservation services" means in-home or community-based services drawing on the strengths of the family and its individual members while addressing family needs to strengthen and keep the family together where possible and may include:

      (a) Respite care of children to provide temporary relief for parents and other caregivers;

      (b) Services designed to improve parenting skills with respect to such matters as child development, family budgeting, coping with stress, health, safety, and nutrition; and

      (c) Services designed to promote the well-being of children and families, increase the strength and stability of families, increase parents' confidence and competence in their parenting abilities, promote a safe, stable, and supportive family environment for children, and otherwise enhance children's development.

      Family preservation services shall have the characteristics delineated in RCW 74.14C.020 (2) and (3).

      (3) "Imminent" means a decision has been made by the department that, without intensive family preservation services, a petition requesting the removal of a child from the family home will be immediately filed under chapter 13.32A or 13.34 RCW, or that a voluntary placement agreement will be immediately initiated.

      (4) "Intensive family preservation services" means community-based services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for unnecessary imminent out-of-home placement, and that have all of the characteristics delineated in RCW 74.14C.020 (1) and (3).

      (5) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

      (6) "Preservation services" means family preservation services and intensive family preservation services that consider the individual family's cultural values and needs.

      Sec. 3. RCW 74.14C.020 and 1992 c 214 s 3 are each amended to read as follows:

      (1) Intensive family preservation services shall have all of the following characteristics:

      (((1))) (a) Services are provided by specially trained ((caseworkers)) service providers who have received at least forty hours of training from recognized ((family preservation)) intensive in-home services experts. ((Caseworkers provide)) Service providers deliver the services in the family's home, and ((may provide some of the services in)) other ((natural)) environments of the family, such as their neighborhood or schools;

      (((2))) (b) Caseload size averages two families per ((caseworker)) service provider;

      (((3))) (c) The services to the family are provided by a single ((caseworker)) service provider, with backup ((caseworkers)) providers identified to provide assistance as necessary;

      (((4) Caseworkers have the authority and discretion to spend funds, up to a maximum amount specified by the department, to help families obtain necessary food, shelter, or clothing, or to purchase other goods or services that will enhance the effectiveness of intervention;

      (5))) (d) Services are available to the family within twenty-four hours following receipt of a referral to the program;

      (((6) Services are available to the family twenty-four hours a day and seven days a week;

      (7))) (e) Duration of service is limited to a maximum of forty days, unless the department authorizes an additional provision of service through an exception to policy((;

      (8) Services assist the family to improve parental and household management competence and to solve practical problems that contribute to family stress so as to effect improved parental performance and enhanced functioning of the family unit; and

      (9) Services help families locate and utilize additional assistance, including, but not limited to, counseling and treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public assistance, and other basic support services)).

      (2) Family preservation services shall have all of the following characteristics:

      (a) Services are delivered primarily in the family home or community;

      (b) Services are committed to reinforcing the strengths of the family and its members and empowering the family to solve problems and become self-sufficient;

      (c) Services are committed to providing support to families through community organizations including but not limited to school, church, cultural, ethnic, neighborhood, and business;

      (d) Services are available to the family within forty-eight hours of referral unless an exception is noted in the file;

      (e) Duration of service is limited to a maximum of ninety days, unless the department authorizes an additional provision of service through an exception to policy; and

      (f) Caseload size no more than ten families per service provider, which can be adjusted according to exceptions defined by the department.

      (3) Preservation services shall include the following characteristics:

      (a) Services protect the child and strengthen the family;

      (b) Service providers have the authority and discretion to spend funds, up to a maximum amount specified by the department, to help families obtain necessary food, shelter, or clothing, or to purchase other goods or services that will enhance the effectiveness of intervention;

      (c) Services are available to the family twenty-four hours a day and seven days a week;

      (d) Services enhance parenting skills, family and personal self-sufficiency, functioning of the family, and reduce stress on families; and

      (e) Services help families locate and use additional assistance including, but not limited to, counseling and treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public assistance, and other basic support services.

      Sec. 4. RCW 74.14C.030 and 1992 c 214 s 4 are each amended to read as follows:

      (1) The department shall be the lead administrative agency for ((family)) preservation services and may receive funding from any source for the implementation or expansion of such services. The department shall:

      (a) Provide coordination and planning with the advice of the community networks for the implementation and expansion of ((family)) preservation services; and

      (b) Monitor and evaluate such services to determine whether the programs meet measurable standards specified by this chapter and the department.

      (2) In carrying out the requirements ((of subsection (1)(a))) of this section, the department shall consult ((and coordinate with at least one)) with qualified ((private, nonprofit agency)) agencies that ((has)) have demonstrated expertise and experience in ((family)) preservation services.

      (3) The department may provide ((family)) preservation services directly and shall, within available funds, enter into outcome-based, competitive contracts with ((private, nonprofit)) social service agencies to provide preservation services, provided that such agencies meet measurable standards specified by this chapter and by the department. The standards shall include, but not be limited to, satisfactory performance in the following areas:

      (a) The number of families appropriately connected to community resources;

      (b) Avoidance of new referrals accepted by the department for child protective services or family reconciliation services within one year of the most recent case closure by the department;

      (c) Consumer satisfaction;

      (d) For reunification cases, reduction in the length of stay in out-of-home placement; and

      (e) Reduction in the level of risk factors specified by the department.

      (4)(a) The department shall not ((continue direct provision of)) provide intensive family preservation services unless it is demonstrated that provision of such services prevent((s foster care)) out-of-home placement in at least seventy percent of the cases served for a period of at least six months following termination of services. ((The department shall not renew a contract with a service provider unless the provider can)) The department's caseworkers may only provide preservation services if there is no other qualified entity willing or able to do so.

      (b) Contractors shall demonstrate that provision of intensive family preservation services prevent((s foster care)) out-of-home placement in at least seventy percent of the cases served for a period of ((at least)) no less than six months following termination of services. The department may increase the period of time based on additional research and data. If the contractor fails to meet the seventy percent requirement the department may: (i) Review the conditions that may have contributed to the failure to meet the standard and renew the contract if the department determines: (A) The contractor is making progress to meet the standard; or (B) conditions unrelated to the provision of services, including case mix and severity of cases, contributed to the failure; or (ii) reopen the contract for other bids.

      (c) The department shall cooperate with any person who has a contract under this section in providing data necessary to determine the amount of reduction in foster care. For the purposes of this subsection "prevent out-of-home placement" means that a child who has been a recipient of intensive family preservation services has not been placed outside of the home, other than for a single, temporary period of time not exceeding fourteen days.

      NEW SECTION. Sec. 5. A new section is added to chapter 74.14C RCW to read as follows:

      The department shall collect data regarding the rates at which intensive family preservation services prevent out-of-home placements over varying periods of time. The department shall make an initial report to the appropriate committees of the legislature of the data, and the proposed rules to implement this section, by December 1, 1995. The department shall present a report to the appropriate committees of the legislature on September 1st of each odd-numbered year, commencing on September 1, 1997.

      Sec. 6. RCW 74.14C.040 and 1992 c 214 s 5 are each amended to read as follows:

      (1) Intensive family preservation services may be provided to children and their families only when the department has determined that:

      (a) The child has been placed ((in foster care)) out-of-home or is at ((actual,)) imminent risk of ((foster care)) an out-of-home placement due to:

      (i) Child abuse or neglect;

      (ii) A serious threat of substantial harm to the child's health, safety, or welfare; or

      (iii) Family conflict; and

      (b) There are no other reasonably available services including family preservation services that will prevent ((foster care)) out-of-home placement of the child or make it possible to immediately return the child home.

      (2) The department shall refer eligible families to intensive family preservation services on a twenty-four hour intake basis. The department need not refer otherwise eligible families, and intensive family preservation services need not be provided, if:

      (a) The services are not available in the community in which the family resides;

      (b) The services cannot be provided because the program is filled to capacity and there are no current service openings;

      (c) The family refuses the services;

      (d) The department, or the agency that is supervising the foster care placement, has developed a case plan that does not include reunification of the child and family; or

      (e) The department or the ((contracted)) service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.

      (3) Nothing in this chapter shall prevent provision of intensive family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.

      NEW SECTION. Sec. 7. A new section is added to chapter 74.14C RCW to read as follows:

      (1) Family preservation services may be provided to children and their families only when the department has determined that without intervention, the child faces a substantial likelihood of out-of-home placement due to:

      (a) Child abuse or neglect;

      (b) A serious threat of substantial harm to the child's health, safety, or welfare; or

      (c) Family conflict.

      (2) The department need not refer otherwise eligible families and family preservation services need not be provided, if:

      (a) The services are not available in the community in which the family resides;

      (b) The services cannot be provided because the program is filled to capacity;

      (c) The family refuses the services; or

      (d) The department or the service provider determines that the safety of a child, a family member, or persons providing the services would be unduly threatened.

      (3) Nothing in this chapter shall prevent provision of family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or the child.

      NEW SECTION. Sec. 8. A new section is added to chapter 74.14C RCW to read as follows:

      Each department caseworker who refers a client for preservation services shall file a report with his or her direct supervisor stating the reasons for which the client was referred. The caseworker's supervisor shall verify in writing his or her belief that the family who is the subject of a referral for preservation services meets the eligibility criteria for services as provided in this chapter. The direct supervisor shall report monthly to the regional administrator on the provision of these services. The regional administrator shall report to the assistant secretary quarterly on the provision of these services for the entire region. The assistant secretary shall make a semiannual report to the secretary on the provision of these services on a state-wide basis.

      Sec. 9. RCW 74.14C.050 and 1992 c 214 s 6 are each amended to read as follows:

      (((1) The department shall, within available funds, conduct a family preservation services study in at least one region within the state. In developing and conducting the project, the department shall consult and coordinate with at least one qualified private, nonprofit agency that has demonstrated expertise and experience in family preservation services. The purpose of the study is to)) By December 1, 1995, the department, with the assistance of the family policy council, two urban and two rural public health and safety networks to be chosen by the family policy council, and two private, nonprofit agencies with expertise and experience in preservation services shall submit to the legislature an implementation and evaluation plan that identifies:

      (((a) Develop)) (1) A valid and reliable process that can be used by caseworkers for accurately identifying clients who are eligible for intensive family preservation services and family preservation services. The plan shall recognize the due process rights of families that receive preservation services and recognize that family preservation services are not intended to be investigative for purposes of chapter 13.34 RCW;

      (((b) Collect)) (2) Necessary data ((on)) by which ((to base)) program success will be measured, projections of service needs, budget requests, and long-range planning;

      (((c) Develop)) (3) Regional and state-wide projections of service needs;

      (((d) Develop)) (4) A cost estimate for state-wide implementation and expansion of ((family)) preservation services on a ((state-wide)) phased-in basis beginning no later than July 1, 1996;

      (((e) Develop a long-range)) (5) A plan and time frame for ((expanding the availability)) phased-in implementation of ((family)) preservation services ((and ultimately making such services available to all eligible families)) on a state-wide basis to be accomplished as soon as possible but no later than July 1, 1997; ((and

      (f) Collect)) (6) Data regarding the number of children in foster care, group care, ((and)) institutional placements, and other out-of-home placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and ((assess)) an assessment of the feasibility of ((expanding family)) providing preservation services ((eligibility)) to include all of these children;

      (7) Standards and outcome measures for the department when the department provides preservation services directly; and

      (8) A process to assess outcome measures identified in RCW 74.14C.030 for contractors providing preservation services.

      (((2) The department shall prepare a report to the legislature that addresses the objectives set forth in subsection (1) of this section. The report shall address the feasibility of expanding and implementing family preservation services on a state-wide basis. The report is due January 1, 1993.))

      Sec. 10. RCW 74.14C.060 and 1992 c 214 s 7 are each amended to read as follows:

      For the purpose of providing ((family)) preservation services ((to children who would otherwise be removed from their homes,)) the department may:

      (1) Solicit and use any available federal or private resources, which may include funds, in-kind resources, or volunteer services; and

      (2) Use any available state resources, which may include in-kind resources or volunteer services.

      Sec. 11. RCW 74.14C.070 and 1994 c 288 s 3 are each amended to read as follows:

      ((After July 1, 1993,)) The secretary of social and health services, or the secretary's regional designee, may transfer funds appropriated for foster care services to purchase ((family)) preservation services and other preventive services for children at imminent risk of ((foster care)) out-of-home placement or who face a substantial likelihood of out-of-home placement. This transfer may be made in those regions that lower foster care expenditures through efficient use of preservation services and permanency planning efforts. The transfer shall be equivalent to the amount of reduced foster care expenditures and shall be made in accordance with the provisions of this chapter and with the approval of the office of financial management. The secretary shall ((notify)) present an annual report to the ((appropriate committees of the senate and house of representatives of)) legislature regarding any transfers under this section. The secretary shall include caseload, expenditure, cost avoidance, identified improvements to the ((foster)) out-of-home care system, and outcome data related to the transfer in the ((notification)) report. The secretary shall also include in the report information regarding: (1) The percent of cases where a child is placed in out-of-home care after the provision of intensive family preservation services or family preservation services; (2) the average length of time before such child is placed out-of-home; (3) the average length of time such child is placed out-of-home; and (4) the number of families that refused the offer of either family preservation services or intensive family preservation services.

      NEW SECTION. Sec. 12. A new section is added to chapter 74.14C RCW to read as follows:

      (1) The department shall, within available funds, provide for ongoing training and consultation to department personnel to carry out their responsibilities effectively. Such training may:

      (a) Include the family unit as the primary focus of service; identifying family member strengths; empowering families; child, adult, and family development; stress management; and may include parent training and family therapy techniques;

      (b) Address intake and referral, assessment of risk, case assessment, matching clients to services, and service planning issues in the context of the home-delivered service model, including strategies for engaging family members, defusing violent situations, and communication and conflict resolution skills;

      (c) Cover methods of helping families acquire the skills they need, including home management skills, life skills, parenting, child development, and the use of community resources;

      (d) Address crisis intervention and other strategies for the management of depression, and suicidal, assaultive, and other high-risk behavior; and

      (e) Address skills in collaborating with other disciplines and services in promoting the safety of children and other family members and promoting the preservation of the family.

      (2) The department and the office of the administrator for the courts shall, within available funds, collaborate in providing training to judges, and others involved in the provision of services pursuant to this title, including service providers, on the function and use of preservation services.

      NEW SECTION. Sec. 13. The initial contracts under RCW 74.14C.030(3) shall be executed not later than July 1996 and shall expire June 30, 1997. Subsequent contracts shall be for periods not to exceed twenty-four months.

      NEW SECTION. Sec. 14. A new section is added to chapter 74.13 RCW to read as follows:

      If the department is denied lawful access to records or information, or requested records or information is not provided in a timely manner, the department may petition the court for an order compelling disclosure.

      (1) The petition shall be filed in the juvenile court for the county in which the record or information is located or the county in which the person who is the subject of the record or information resides. If the person who is the subject of the record or information is a party to or the subject of a pending proceeding under chapter 13.32A or 13.34 RCW, the petition shall be filed in such proceeding.

      (2) Except as otherwise provided in this section, the persons from whom and about whom the record or information is sought shall be served with a summons and a petition at least seven calendar days prior to a hearing on the petition. The court may order disclosure upon ex parte application of the department, without prior notice to any person, if the court finds there is reason to believe access to the record or information is necessary to determine whether the child is in imminent danger and in need of immediate protection.

      (3) The court shall grant the petition upon a showing that there is reason to believe that the record or information sought is necessary for the health, safety, or welfare of the child who is currently receiving child welfare services.

      Sec. 15. RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

      (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

      (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

      (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

      (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

      (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

      (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

      (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

      If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

      (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

      (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; ((and))

      (h) Relating to court validation of a voluntary consent to ((foster care)) an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and

      (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to section 14 of this act.

      (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

      (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

      Sec. 16. RCW 13.50.100 and 1990 c 246 s 9 are each amended to read as follows:

      (1) This section governs records not covered by RCW 13.50.050.

      (2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

      (3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system.

      (4) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

      (a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

      (b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or

      (c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported suspected child abuse or neglect.

      (5) A juvenile or his or her parent denied access to any records following an agency determination under subsection (4) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (4) (a) and (b) of this section.

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

      (7) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (4) of this section.

      (((8) Information concerning a juvenile or a juvenile's family contained in records covered by this section may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.))

      Sec. 17. RCW 26.44.030 and 1993 c 412 s 13 and 1993 c 237 s 1 are each reenacted and amended to read as follows:

      (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

      (b) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

      (c) The report shall be made at the first opportunity, but ((; and)) in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.

      (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.

      (3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

      (4) The department, upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.

      (5) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

      (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

      (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

      (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

      (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

      (10) Upon receiving reports of abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

      (11) Upon receiving a report of child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

      (12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

      (13) The department shall use a risk assessment process when investigating child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

      The department shall provide annual reports to the ((appropriate committees of the senate and house of representatives)) legislature on the effectiveness of the risk assessment process.

      (14) Upon receipt of a report of abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

      Sec. 18. RCW 74.15.020 and 1994 c 273 s 21 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

      (i) Any blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

      (ii) Stepfather, stepmother, stepbrother, and stepsister;

      (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

      (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even if a marriage is terminated; or

      (v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

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

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

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

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

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

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

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

      (i) Licensed physicians or lawyers;

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

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

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

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

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

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

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

      Sec. 19. RCW 13.34.130 and 1994 c 288 s 4 are each amended to read as follows:

      If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

      (1) The court shall order one of the following dispositions of the case:

      (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

      (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with ((a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin)) a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

      (i) There is no parent or guardian available to care for such child;

      (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

      (iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

      (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

      (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

      (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

      (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

      (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

      (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

      (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

      (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.

      (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

      (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.

      (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

      (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

      (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

      (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

      (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

      (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

      (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

      (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

      (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

      (b) If the child is not returned home, the court shall establish in writing:

      (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

      (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

      (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

      (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

      (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

      (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

      (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

      (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

      (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

      Sec. 20. RCW 13.34.145 and 1994 c 288 s 5 are each amended to read as follows:

      (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

      (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.

      (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

      (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

      (2)(a) For children ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

      (b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.

      (3) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve or eighteen months, as provided in subsection (2) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.

      (4) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

      (5) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

      (a)(i) Order the permanency plan prepared by the agency to be implemented; or

      (ii) Modify the permanency plan, and order implementation of the modified plan; and

      (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

      (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

      (6) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.

      (7) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

      (8) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

      (9) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

      (10) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

      (11) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

      Sec. 21. RCW 74.13.280 and 1991 c 340 s 4 are each amended to read as follows:

      (1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency may share information about the child and the child's family with the care provider and may consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

      (2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.

      (3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

      Sec. 22. RCW 74.15.120 and 1979 c 141 s 361 are each amended to read as follows:

      The secretary of social and health services may, at his or her discretion, issue ((a provisional)) an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license((, except that a provisional)). An initial license shall not be granted to any foster-family home except as specified in this section. An initial license may be granted to a foster-family home only if the following three conditions are met: (1) The license is limited so that the licensee is authorized to provide care only to a specific child or specific children; (2) the department has determined that the licensee has a relationship with the child, and the child is comfortable with the licensee, or that it would otherwise be in the child's best interest to remain or be placed in the licensee's home; and (3) the initial license is issued for a period not to exceed ninety days.

      Sec. 23. RCW 13.34.030 and 1994 c 288 s 1 are each amended to read as follows:

      For purposes of this chapter:

      (1) "Child" and "juvenile" means any individual under the age of eighteen years.

      (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

      (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

      (4) "Dependent child" means any child:

      (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has ((evidenced)) expressed either by statement or conduct, ((a settled)) an intent to forego, for an extended period, ((all)) parental rights or ((all)) parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

      (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

      (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

      (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

      (5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

      (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

      (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

      (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

      (9) "Preventive services" means ((family)) preservation services, as defined in ((RCW 74.14C.010)) chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

      Sec. 24. RCW 13.34.233 and 1994 c 288 s 8 are each amended to read as follows:

      (1) Any party may request the court to modify or terminate a dependency guardianship order under RCW 13.34.150. Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice shall in all cases be served upon the department of social and health services. If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to initiate a proceeding to modify or terminate a guardianship and the right to intervene at any stage of such a proceeding.

      (2) The guardianship may be modified or terminated upon the motion of any party or the department if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. ((Unless all parties agree to entry of an order modifying or terminating the guardianship,)) The court shall hold a hearing on the motion before modifying or terminating a guardianship.

      (3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

      (4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department of social and health services or a licensed child-placing agency for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in RCW 13.34.130(5) and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.

      Sec. 25. RCW 28A.225.330 and 1994 c 304 s 2 are each amended to read as follows:

      (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

      (a) Any history of placement in special educational programs;

      (b) Any past, current, or pending disciplinary action;

      (c) Any history of violent behavior;

      (d) Any unpaid fines or fees imposed by other schools; and

      (e) Any health conditions affecting the student's educational needs.

      (2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action. If the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, and records of disciplinary action. If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.




      (3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

      NEW SECTION. Sec. 26. A new section is added to chapter 74.13 RCW to read as follows:

      (1) The department, or agency responsible for supervising a child in out-of-home care, shall conduct a social study whenever a child is placed in out-of-home care under the supervision of the department or other agency. The study shall be conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to the circumstances of the case, the study shall be conducted as soon as possible following placement.

      (2) The social study shall include, but not be limited to, an assessment of the following factors:

      (a) The physical and emotional strengths and needs of the child;

      (b) The proximity of the child's placement to the child's family to aid reunification;

      (c) The possibility of placement with the child's relatives or extended family;

      (d) The racial, ethnic, cultural, and religious background of the child;

      (e) The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs; and

      (f) Compliance with RCW 13.34.260 regarding parental preferences for placement of their children.

      Sec. 27. RCW 13.34.110 and 1993 c 412 s 7 are each amended to read as follows:

      The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown. Unless there is reasonable cause to believe the safety or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (1) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (2) are known to the department as having been in contact with the family or child within the past twelve months; and (3) would be an appropriate placement for the child. The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement. The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

      All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. If a child resides in foster care or in the home of a relative pursuant to a disposition order entered under RCW 13.34.130, the court may allow the child's foster parent or relative care provider to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

      Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

      NEW SECTION. Sec. 28. RCW 74.14C.035 and 1992 c 214 s 8 are each repealed.

      NEW SECTION. Sec. 29. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void."

      On page 1, line 1 of the title, after "families;" strike the remainder of the title and insert "amending RCW 74.14C.005, 74.14C.010, 74.14C.020, 74.14C.030, 74.14C.040, 74.14C.050, 74.14C.060, 74.14C.070, 13.04.030, 13.50.100, 74.15.020, 13.34.130, 13.34.145, 74.13.280, 74.15.120, 13.34.030, 13.34.233, 28A.225.330, and 13.34.110; reenacting and amending RCW 26.44.030; adding new sections to chapter 74.14C RCW; adding new sections to chapter 74.13 RCW; creating new sections; repealing RCW 74.14C.035; and prescribing penalties.", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Hargrove, Prentice; Representatives Cooke, Lambert, Tokuda.


MOTION


      On motion of Senator Hargrove, the Senate adopted the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5885.


MOTIONS


      On motion of Senator Sheldon, Senator Quigley was excused.

      On motion of Senator Wood, Senator West was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5885, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5885, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 10; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Loveland, McAuliffe, Morton, Newhouse, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Wojahn and Wood - 34.

      Voting nay: Senators Cantu, Finkbeiner, Hochstatter, Long, McDonald, Moyer, Oke, Roach, Sellar and Winsley - 10.

      Absent: Senator Owen - 1.

      Excused: Senators Anderson, C., McCaslin, Quigley and West - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5885, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1589 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED HOUSE BILL NO. 1173 and has passed the bill as recommended by the Conference Committee.

TIMOTHY A. MARTIN, Chief Clerk

MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, SUBSTITUTE SENATE BILL NO. 5141 was returned to second reading for the purpose of an amendment. The following amendments were adopted and the bill passed the House as amended:

      Strike everything after the enacting clause and insert the following:


"PART I - IMPLIED CONSENT AND ADMINISTRATIVE REVOCATION


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

      (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the ((alcoholic content of)) alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.20.309 (as recodified by this act).

      (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration of 0.02 or more in his or her system and being under the age of twenty-one. However, in those instances where((: (a))) the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample((; or (b) as a result of a traffic accident)) or where the person is being treated ((for a medical condition)) in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that:

      (a) His or her license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test((, and (b) that));

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

      (c) His or her refusal to take the test may be used in a criminal trial.

      (3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person ((has been injured and there is a reasonable likelihood that such other person may die as a result of injuries sustained in the accident)), a breath or blood test may be administered without the consent of the individual so arrested.

      (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

      (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

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

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

      (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section;

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

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

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

      (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration of 0.02 or more;

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

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

      (7) The department of licensing, upon the receipt of a sworn report ((of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor and that the person had refused to submit to the test or tests upon the request of the law enforcement officer after being informed that refusal would result in the revocation of the person's privilege to drive)) or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, deny, or place in probationary status the person's license ((or)), permit, or privilege to drive or any nonresident operating privilege, as provided in section 3 of this act, such suspension, revocation, denial, or placement in probationary status to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

      (((7) Upon revoking the license or permit to drive or the nonresident operating privilege of any person, the department shall immediately notify the person involved in writing by personal service or by certified mail of its decision and the grounds therefor, and of the person's right to a hearing, specifying the steps he or she must take to obtain a hearing. Within fifteen days after the notice has been given, the person may, in writing, request a formal hearing. The person shall pay a fee of one hundred dollars as part of the request.))

      (8) A person receiving notification under subsection (6)(b) of this section may, within thirty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within thirty days after receipt of the notification. Upon timely receipt of such a request ((and such fee)) for a formal hearing, including receipt of the required one hundred dollar fee, the department shall afford the person an opportunity for a hearing ((as provided in)). Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of ((such)) the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person was age twenty-one or over at the time of the arrest, or was 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

      A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, denial, or placement in probationary status either be rescinded or sustained. ((Any decision by the department revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as provided in this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during pendency of the hearing and appeal.

      (8))) (9) If the suspension, revocation, denial, or placement in probationary status is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, denied, or placed in probationary status has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner ((provided in RCW 46.20.334)) as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, denial, or placement in probationary status. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, denial, or placement in probationary status as expeditiously as possible. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, denial, or placement in probationary status it may impose conditions on such stay.

      (10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, denied, or placed in probationary status under subsection (7) of this section, other than as a result of a breath test refusal, and who has not committed an offense within the last five years for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, denial, or placement in probationary status for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, denial, or placement in probationary status, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

      A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

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

      Sec. 2. RCW 46.20.309 and 1994 c 275 s 10 are each amended to read as follows:

      (1) Notwithstanding any other provision of this title, a person ((under the age of twenty-one may not drive, operate, or be in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or above.

      (2) A person under the age of twenty-one who drives or is in physical control of a motor vehicle within this state is deemed to have given consent, subject to the relevant portions of RCW 46.61.506, to be detained long enough, and be transported if necessary, to take a test or tests of that person's blood or breath for the purpose of determining the alcohol concentration in his or her system.

      (3) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver, has reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while having alcohol in his or her system.

      (4) The law enforcement officer requesting the test or tests under subsection (2) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person's driver's license or driving privilege being revoked.

      (5) If the person refuses testing, or submits to a test that discloses an alcohol concentration of 0.02 or more, the law enforcement officer shall:

      (a) Serve the person notice in writing on behalf of the department of licensing of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive;

      (b) Serve the person notice in writing on behalf of the department of licensing of the person's right to a hearing, specifying the steps required to obtain a hearing;

      (c) Confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit. The temporary license shall be valid for thirty days from the date of the traffic stop or until the suspension or revocation of the person's license or permit is sustained at a hearing as provided by subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit it replaces;

      (d) Notify the department of licensing of the traffic stop, and transmit to the department any confiscated license or permit and a sworn report stating:

      (i) That the officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state with alcohol in his or her system;

      (ii) That pursuant to this section a test of the person's alcohol concentration was administered or that the person refused to be tested;

      (iii) If administered, that the test indicated the person's alcohol concentration was 0.02 or higher; and

      (iv) Any other information that the department may require by rule.

      (6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of this section, the department shall suspend or revoke the driver's license or driving privilege beginning thirty days from the date of the traffic stop or beginning when the suspension, revocation, or denial is sustained at a hearing as provided by subsection (7) of this section. Within fifteen days after notice of a suspension or revocation has been given, the person may, in writing, request a formal hearing. If such a request is not made within the prescribed time the right to a hearing is waived. Upon receipt of such request, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the revocation of the person's driver's license or driving privilege, and, if the test or tests of the person's breath or blood was administered, whether the results indicated an alcohol concentration of 0.02 or more. The department shall order that the suspension or revocation of the person's driver's license or driving privilege either be rescinded or sustained. Any decision by the department suspending or revoking a person's driver's license or driving privilege is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the pendency of the hearing and appeal. If the suspension or revocation of the person's driver's license or driving privilege is sustained after the hearing, the person may file a petition in the superior court of the county of arrest to review the final order of suspension or revocation by the department in the manner provided in RCW 46.20.334.

      (7) The department shall suspend or revoke the driver's license or driving privilege of a person as required by this section as follows:

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

      (i) For a first refusal within five years, revocation for one year;

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

      (b) In the case of an incident where a person has submitted to a test or tests indicating an alcohol concentration of 0.02 or more:

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

      (ii) For a second or subsequent incident within five years, revocation for one year or until the person reaches age twenty-one whichever occurs later.

      (8) For purposes of this section, "alcohol concentration" means (a) grams of alcohol per two hundred ten liters of a person's breath, or (b) the percent by weight of alcohol in a person's blood)) is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person:

      (a) Is under the age of twenty-one;

      (b) Has, within two hours after operating the motor vehicle, an alcohol concentration of 0.02 or more, as shown by analysis of the person's breath or blood made under RCW 46.61.506.

      (2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.02 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

      (3) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.02 or more in violation of subsection (1) of this section.

      (4) A violation of this section is a misdemeanor.

      NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

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

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

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

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

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

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

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

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

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

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

      Sec. 4. RCW 46.20.355 and 1994 c 275 s 8 are each amended to read as follows:

      (1) Upon ((notification of a conviction under RCW 46.61.502 or 46.61.504 for which the issuance of a probationary driver's license is required)) placing a license, permit, or privilege to drive in probationary status under section 3(2)(a) of this act, or upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, the department of licensing shall order the person to surrender ((his or her)) any Washington state driver's license that may be in his or her possession. The department shall revoke the license, permit, or privilege to drive of any person who fails to surrender it as required by this section for one year, unless the license has been previously surrendered to the department, a law enforcement officer, or a court, or the person has completed an affidavit of lost, stolen, destroyed, or previously surrendered license, such revocation to take effect thirty days after notice is given of the requirement for license surrender.

      (2) ((Upon receipt of the surrendered license, and following the expiration of any period of license suspension or revocation, or following receipt of a sworn statement under RCW 46.20.365 that requires issuance of a probationary license, the department shall issue the person a probationary license if otherwise qualified. The probationary license shall be renewed on the same cycle as the person's regular license would have been renewed until five years after the date of its issuance.)) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060 or 46.20.308 for a period of five years from the date the probationary status is required to go into effect.

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

      (4) For each original issue or ((reissue)) renewal of a probationary license under this section, the department ((may)) shall charge ((the)) a fee ((authorized under RCW 46.20.311 for the reissuance of a license following a revocation for a violation of RCW 46.61.502 or 46.61.504)) of fifty dollars in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the fifty-dollar fee if the person has a probationary license in his or her possession at the time a new probationary license is required.

      (((4))) (5) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status((, including the period of that status, for a violation of RCW 46.61.502 or 46.61.504 or 46.20.365)). ((That)) The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.


PART II - CRIMINAL SANCTIONS


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

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

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one hundred twenty days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

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

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four hundred fifty days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

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

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

      (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

      (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

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

      (6)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

      (b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

      (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


PART III - TECHNICAL AMENDMENTS


      Sec. 7. RCW 3.62.090 and 1994 c 275 s 34 are each amended to read as follows:

      (1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.

      (2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under ((RCW 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.

      Sec. 8. RCW 35.21.165 and 1994 c 275 s 36 are each amended to read as follows:

      Except as limited by the maximum penalties authorized by law, no city or town may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act.

      Sec. 9. RCW 36.32.127 and 1994 c 275 s 37 are each amended to read as follows:

      No county may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act.

      Sec. 10. RCW 46.04.480 and 1994 c 275 s 38 are each amended to read as follows:

      "Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue: PROVIDED, That under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, ((46.61.5051, 46.61.5052, or 46.61.5053)) or section 5 of this act, and chapter 46.65 RCW the invalidation may last for a period other than one calendar year.

      Sec. 11. RCW 46.20.311 and 1994 c 275 s 27 are each amended to read as follows:

      (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

      (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by ((RCW 46.20.308 or 46.61.5052, 46.61.5053, or 46.20.365)) section 3 or 5 of this act; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504 ((or is the result of administrative action under RCW 46.20.365)), the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

      (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.

      Sec. 12. RCW 46.20.391 and 1994 c 275 s 29 are each amended to read as follows:

      (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504. ((No person may petition for, and the department shall not issue, an occupational driver's license if the person is ineligible for such a license under RCW 46.61.5052 or 46.61.5053.)) A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

      (2) An applicant for an occupational driver's license is eligible to receive such license only if:

      (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed ((of)) any (([committed any])) offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

      (b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

      (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and

      (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

      (3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

      Sec. 13. RCW 46.61.5054 and 1994 c 275 s 7 are each amended to read as follows:

      (1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and section 5 of this act thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.

      (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

      (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

      (2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:

      (a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.

      (b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.

      (c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.

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

      Sec. 14. RCW 46.61.5056 and 1994 c 275 s 9 are each amended to read as follows:

      (1) A person subject to alcohol assessment and treatment under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.

      (2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.

      (3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and health services. The department of social and health services shall periodically review the costs of alcohol information schools and treatment programs.

      (4) Any agency that provides treatment ordered under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of social and health services. Upon three such failures by an agency within one year, the department of social and health services shall revoke the agency's approval under this section.

      (5) The department of licensing and the department of social and health services may adopt such rules as are necessary to carry out this section.

      Sec. 15. RCW 46.61.5151 and 1994 c 275 s 39 are each amended to read as follows:

      A sentencing court may allow persons convicted of violating RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act shall be served consecutively unless suspended or deferred as otherwise provided by law.

      Sec. 16. RCW 46.63.020 and 1994 c 275 s 33 and 1994 c 141 s 2 are each reenacted and amended to read as follows:

      Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

      (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

      (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

      (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

      (4) RCW 46.10.130 relating to the operation of snowmobiles;

      (5) Chapter 46.12 RCW relating to certificates of ownership and registration;

      (6) RCW 46.16.010 relating to initial registration of motor vehicles;

      (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

      (8) RCW 46.16.160 relating to vehicle trip permits;

      (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

      (10) RCW 46.20.021 relating to driving without a valid driver's license;

      (11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

      (12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

      (13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

      (14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

      (15) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

      (16) RCW 46.25.170 relating to commercial driver's licenses;

      (17) Chapter 46.29 RCW relating to financial responsibility;

      (18) RCW 46.30.040 relating to providing false evidence of financial responsibility;

      (19) RCW 46.37.435 relating to wrongful installation of sunscreening material;

      (20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

      (21) RCW 46.48.175 relating to the transportation of dangerous articles;

      (22) RCW 46.52.010 relating to duty on striking an unattended car or other property;

      (23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

      (25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

      (26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

      (27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

      (28) RCW 46.55.035 relating to prohibited practices by tow truck operators;

      (29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

      (30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

      (31) RCW 46.61.022 relating to failure to stop and give identification to an officer;

      (32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

      (33) RCW 46.61.500 relating to reckless driving;

      (34) RCW 46.61.502((,)) and 46.61.504((, 46.61.5051, 46.61.5052, and 46.61.5053)) relating to persons under the influence of intoxicating liquor or drugs;

      (35) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

      (36) RCW 46.61.522 relating to vehicular assault;

      (37) RCW 46.61.525 relating to negligent driving;

      (38) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

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

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

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

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

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

      (44) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

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

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

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

      (48) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

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

      Sec. 17. RCW 46.04.015 and 1994 c 275 s 1 are each amended to read as follows:

      "Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) ((the percent by weight of alcohol in)) grams of alcohol per one hundred milliliters of a person's blood.

      Sec. 18. RCW 46.61.506 and 1994 c 275 s 26 are each amended to read as follows:

      (1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.10, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.

      (2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.

      (3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.

      (4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.

      (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

      (6) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.

      NEW SECTION. Sec. 19. A new section is added to chapter 46.04 RCW to read as follows:

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

      NEW SECTION. Sec. 20. RCW 46.20.309 is recodified as a section in chapter 46.61 RCW.

      NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:

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

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

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

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

      NEW SECTION. Sec. 22. 1994 c 275 s 44 (uncodified) is hereby repealed.

      NEW SECTION. Sec. 23. 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. 24. This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

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

TIMOTHY A. MARTIN, Chief Clerk

MOTION


      On motion of Senator Smith, the Senate concurred in the House amendments to Substitute Senate Bill No. 5141.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5141, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5141, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 44.

      Absent: Senator Strannigan - 1.

      Excused: Senators Anderson, C., McCaslin, Quigley and West - 4.

      SUBSTITUTE SENATE BILL NO. 5141, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 8:27 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 9:12 p.m. by President Pritchard.


MESSAGES FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107 and has passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8407, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, SUBSTITUTE SENATE BILL NO. 5053 was returned to second reading for the purpose of an amendment. The following amendments were adopted and the bill passed the House as amended:

      Strike everything after the enacting clause, set aside all previous amendments to the bill, and insert the following:

      "Sec. 1. RCW 64.06.010 and 1994 c 200 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, this chapter does not apply to the following transfers of residential real property:

      (((1))) (a) A foreclosure, deed-in-lieu of foreclosure, real estate contract forfeiture, or a sale by a lienholder who acquired the residential real property through foreclosure ((or)), deed-in-lieu of foreclosure, or real estate contract forfeiture;

      (((2))) (b) A gift or other transfer to a parent, spouse, or child of a transferor or child of any parent or spouse of a transferor;

      (((3))) (c) A transfer between spouses in connection with a marital dissolution;

      (((4))) (d) A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;

      (((5))) (e) A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter; ((and

      (6))) (f) A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy.

      (2) A transfer of residential real property by a seller to a buyer may be exempt from this chapter if:

      (a) The seller is registered under chapter 18.27 RCW and has constructed residential improvements on the real property;

      (b) The buyer is the first purchaser;

      (c) The dwelling has never been occupied; and

      (d) The seller provides the following statement to the buyer on or before the date the buyer is legally obligated to purchase the real property:

 

THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING OR INSTALLATION PERMIT(S) # . . . . ., ISSUED BY . . . . .

      Sec. 2. RCW 64.06.020 and 1994 c 200 s 3 are each amended to read as follows:

      (1) In a transaction for the sale of residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010, deliver to the buyer a completed real property transfer disclosure statement in the following ((form)) format and that contains, at a minimum, the following information:


INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than ((. . .)) five business days (((or five days if not filled in) of)), unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.

NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S), CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. YOU HAVE ((. . .)) THREE BUSINESS DAYS, ((OR THREE BUSINESS DAYS IF NOT FILLED IN)) UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO ((REVOKE YOUR OFFER)) RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF ((REVOCATION)) RESCISSION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN THE BUYER AND THE SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.


Seller . . . . is/ . . . . is not occupying the property.


                           I.        SELLER'S DISCLOSURES:


*If "Yes" attach a copy or explain. If necessary use an attached sheet.


                                                                      1. TITLE

[ ]Yes [ ]No [ ]Don't know            A. Do you have legal authority to sell the property?

[ ]Yes [ ]No [ ]Don't know            *B. Is title to the property subject to any of the following?

                                                                                                      (1) First right of refusal

                                                                                                      (2) Option

                                                                                                      (3) Lease or rental agreement

                                                                                                      (4) Life estate?

[ ]Yes [ ]No [ ]Don't know            *C. Are there any encroachments, boundary agreements, or boundary disputes?

[ ]Yes [ ]No [ ]Don't know            *D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property?

[ ]Yes [ ]No [ ]Don't know            *E. Are there any written agreements for joint maintenance of an easement or right of way?

[ ]Yes [ ]No [ ]Don't know            *F. Is there any study, survey project, or notice that would adversely affect the property?

[ ]Yes [ ]No [ ]Don't know            *G. Are there any pending or existing assessments against the property?

[ ]Yes [ ]No [ ]Don't know            *H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling?

[ ]Yes [ ]No [ ]Don't know            *I. Is there a boundary survey for the property?

[ ]Yes [ ]No [ ]Don't know            *J. Are there any covenants, conditions, or restrictions which affect the property?

 

                                                                      2. WATER

                                                      A. Household Water

(1) The source of the water is [ ]Public [ ]Community [ ]Private [ ]Shared

(2) Water source information:

[ ]Yes [ ]No [ ]Don't know                                            *a. Are there any written agreements for shared water source?

[ ]Yes [ ]No [ ]Don't know                                            *b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?

[ ]Yes [ ]No [ ]Don't know                                            *c. Are any known problems or repairs needed?

[ ]Yes [ ]No [ ]Don't know                                            *d. Does the source provide an adequate year round supply of potable water?

[ ]Yes [ ]No [ ]Don't know                            *(3) Are there any water treatment systems for the property? [ ]Leased [ ]Owned

                                                      B. Irrigation

[ ]Yes [ ]No [ ]Don't know                            (1) Are there any water rights for the property?

[ ]Yes [ ]No [ ]Don't know                            *(2) If they exist, to your knowledge, have the water rights been used during the last five-year period?

[ ]Yes [ ]No [ ]Don't know                            *(3) If so, is the certificate available?

                                                                                      C. Outdoor Sprinkler System

[ ]Yes [ ]No [ ]Don't know                            (1) Is there an outdoor sprinkler system for the property?

[ ]Yes [ ]No [ ]Don't know                            *(2) Are there any defects in the outdoor sprinkler system?


                                                                      3. SEWER/SEPTIC SYSTEM

                                                      A. The property is served by: [ ]Public sewer main, [ ]Septic tank system [ ]Other disposal system (describe)

                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            B. If the property is served by a public or community sewer main, is the house connected to the main?

                                                      C. Is the property currently subject to a sewer capacity charge?

                                                      D. If the property is connected to a septic system:

[ ]Yes [ ]No [ ]Don't know                            (1) Was a permit issued for its construction, and was it approved by the city or county following its construction?

(2) When was it last pumped:

                                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19. . .

[ ]Yes [ ]No [ ]Don't know                            *(3) Are there any defects in the operation of the septic system?

                             [ ]Don't know                    (4) When was it last inspected?

                                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19. . .

                                                                                                      By Whom: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                             [ ]Don't know                    (5) How many bedrooms was the system approved for?

                                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bedrooms

[ ]Yes [ ]No [ ]Don't know            *((D)) E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? If no, explain: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            *((E)) F. Are you aware of any changes or repairs to the septic system?

[ ]Yes [ ]No [ ]Don't know             ((F)) G. Is the septic tank system, including the drainfield, located entirely within the boundaries of the property?


                                                                      4. STRUCTURAL 

[ ]Yes [ ]No [ ]Don't know            *A. Has the roof leaked?

[ ]Yes [ ]No [ ]Don't know            If yes, has it been repaired?

[ ]Yes [ ]No [ ]Don't know            *B. Have there been any conversions, additions, or remodeling?

[ ]Yes [ ]No [ ]Don't know                            *1. If yes, were all building permits obtained?

[ ]Yes [ ]No [ ]Don't know                            *2. If yes, were all final inspections obtained?

[ ]Yes [ ]No [ ]Don't know            C. Do you know the age of the house? If yes, year of original construction:

                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            *D. Do you know of any settling, slippage, or sliding of the house or other improvements? If yes, explain:

                                                                                      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            *E. Do you know of any defects with the following: (Please check applicable items)




      □ Foundations                         □ Decks                                   □ Exterior Walls

      □ Chimneys                                             □ Interior Walls                       □ Fire Alarm

      □ Doors                                   □ Windows                              □ Patio

      □ Ceilings                                □ Slab Floors                           □ Driveways

      □ Pools                                    □ Hot Tub                               □ Sauna

      □ Sidewalks                                            □ Outbuildings                        □ Fireplaces

      □ Garage Floors                                                                      □ Walkways

      □ Other                                                                                    □ Wood Stoves

 

[ ]Yes [ ]No [ ]Don't know            *F. Was a pest or dry rot, structural or "whole house" inspection done? When and by whom was the inspection completed?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            *G. Since assuming ownership, has your property had a problem with wood destroying organisms and/or have there been any problems with pest control, infestations, or vermin?


                                                                      5. SYSTEMS AND FIXTURES

If the following systems or fixtures are included with the transfer, do they have any existing defects:

[ ]Yes [ ]No [ ]Don't know            *A. Electrical system, including wiring, switches, outlets, and service

[ ]Yes [ ]No [ ]Don't know            *B. Plumbing system, including pipes, faucets, fixtures, and toilets

[ ]Yes [ ]No [ ]Don't know            *C. Hot water tank

[ ]Yes [ ]No [ ]Don't know            *D. Garbage disposal

[ ]Yes [ ]No [ ]Don't know            *E. Appliances

[ ]Yes [ ]No [ ]Don't know            *F. Sump pump

[ ]Yes [ ]No [ ]Don't know            *G. Heating and cooling systems

[ ]Yes [ ]No [ ]Don't know            *H. Security system [ ] Owned [ ] Leased

                                                      *I. Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


                                                                      6. COMMON INTEREST

[ ]Yes [ ]No [ ]Don't know            A. Is there a Home Owners' Association? Name of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            B. Are there regular periodic assessments:

$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per [ ] Month [ ] Year

                                                                                      [ ] Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ]Yes [ ]No [ ]Don't know            *C. Are there any pending special assessments?

[ ]Yes [ ]No [ ]Don't know            *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?


                                                                      7. GENERAL

[ ]Yes [ ]No [ ]Don't know            *A. Is there any settling, soil, standing water, or drainage problems on the property?

[ ]Yes [ ]No [ ]Don't know            *B. Does the property contain fill material?

[ ]Yes [ ]No [ ]Don't know            *C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?

[ ]Yes [ ]No [ ]Don't know             D. Is the property in a designated flood plain?

(([ ]Yes [ ]No [ ]Don't know          E. Is the property in a designated flood hazard zone?))

[ ]Yes [ ]No [ ]Don't know            ((*F.)) *E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property?

[ ]Yes [ ]No [ ]Don't know            ((*G.)) *F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?

[ ]Yes [ ]No [ ]Don't know            ((*H.)) *G. Has the property ever been used as an illegal drug manufacturing site?


                                                                      8. FULL DISCLOSURE BY SELLERS

                                                      A. Other conditions or defects:

[ ]Yes [ ]No [ ]Don't know            *Are there any other material defects affecting this property or its value that a prospective buyer should know about?

                                                      B. Verification:

The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.


DATE . . . . . . . SELLER . . . . . . . . . SELLER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


                           II.       BUYER'S ACKNOWLEDGMENT

                                                      A.            As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

                                                      B.            Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

                                                      C.            Buyer (which term includes all persons signing the "buyer's acceptance" portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU, THE BUYER, HAVE ((. . .)) THREE BUSINESS DAYS (((OR THREE BUSINESS DAYS IF NOT FILLED IN))), UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO ((REVOKE YOUR OFFER)) RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF ((REVOCATION)) RESCISSION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT OF ((REVOCATION)) RESCISSION.



BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.

DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

      (2) The real property transfer disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential real property. The real property transfer disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.

      Sec. 3. RCW 64.06.030 and 1994 c 200 s 4 are each amended to read as follows:

      Unless the buyer has expressly waived the right to receive the disclosure statement, ((within)) not later than five business days or as otherwise agreed to, ((of)) after mutual acceptance of a written agreement between a buyer and a seller for the purchase and sale of residential real property, the seller shall deliver to the buyer a completed, signed, and dated real property transfer disclosure statement. Within three business days, or as otherwise agreed to, of receipt of the real property transfer disclosure statement, the buyer shall have the right to exercise one of the following two options: (1) Approving and accepting the real property transfer disclosure statement; or (2) rescinding the agreement for the purchase and sale of the property, which decision may be made by the buyer in the buyer's sole discretion. If the buyer elects to rescind the agreement, the buyer must deliver written notice of rescission to the seller within the three-business-day period, or as otherwise agreed to, and upon delivery of the written rescission notice the buyer shall be entitled to immediate return of all deposits and other considerations less any agreed disbursements paid to the seller, or to the seller's agent or an escrow agent for the seller's account, and the agreement for purchase and sale shall be void. If the buyer does not deliver a written recision notice to [the] seller within the three-business-day period, or as otherwise agreed to, the real property transfer disclosure statement will be deemed approved and accepted by the buyer.

      Sec. 4. RCW 64.06.040 and 1994 c 200 s 5 are each amended to read as follows:

      (1) If, after the date that a seller of residential real property completes a real property transfer disclosure statement, the seller becomes aware of additional information, or an adverse change occurs which makes any of the disclosures made inaccurate, the seller shall amend the real property transfer disclosure statement, and deliver the amendment to the buyer. No amendment shall be required, however, if the seller takes whatever corrective action is necessary so that the accuracy of the disclosure is restored, or the adverse change is corrected, at least three business days prior to the closing date. Unless the ((adverse change is corrected or repaired)) corrective action is completed by the seller prior to the closing date, the buyer shall have the right to exercise one of the following two options: (a) Approving and accepting the amendment, or (b) rescinding the agreement of purchase and sale of the property within three business days after receiving the amended real property transfer disclosure statement. Acceptance or recision shall be subject to the same procedures described in RCW 64.06.030. If the closing date provided in the purchase and sale agreement is scheduled to occur within the three-business-day rescission period provided for in this section, the closing date shall be extended until the expiration of the three-business-day rescission period. The buyer shall have no right of rescission if the seller takes whatever action is necessary so that the accuracy of the disclosure is restored at least three business days prior to the closing date.

      (2) In the event any act, occurrence, or agreement arising or becoming known after the closing of a residential real property transfer causes a real property transfer disclosure statement to be inaccurate in any way, the seller of such property shall have no obligation to amend the disclosure statement, and the buyer shall not have the right to rescind the transaction under this chapter.

      (3) If the seller in a residential real property transfer fails or refuses to provide to the prospective buyer a real property transfer disclosure statement as required under this chapter, the prospective buyer's right of rescission under this section shall apply until the earlier of three business days after receipt of the real property transfer disclosure statement or the date the transfer has closed, unless the buyer has otherwise waived the right of rescission in writing. Closing is deemed to occur when the buyer has paid the purchase price, or down payment, and the conveyance document, including a deed or real estate contract, from the seller has been delivered and recorded. After closing, the seller's obligation to deliver the real property transfer disclosure statement and the buyer's rights and remedies under this chapter shall terminate.

      Sec. 5. RCW 64.06.050 and 1994 c 200 s 6 are each amended to read as follows:

      (1) The seller of residential real property shall not be liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the seller had no ((personal)) actual knowledge of the error, inaccuracy, or omission. Unless the seller of residential real property has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the seller shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.

      (2) Any licensed real estate salesperson or broker involved in a residential real property transaction is not liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the licensee had no ((personal)) actual knowledge of the error, inaccuracy, or omission. Unless the salesperson or broker has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the salesperson or broker shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.

      Sec. 6. RCW 64.06.070 and 1994 c 200 s 8 are each amended to read as follows:

      Except as provided in RCW 64.06.050, nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract; nor shall anything in this chapter create any new right or remedy for a buyer of residential real property other than the right of recision exercised on the basis and within the time limits provided in this chapter.

      NEW SECTION. Sec. 7. Section 2 of this act shall apply to real property transfer disclosure statements completed by sellers of residential real property on or after the effective date of this act. Real property transfer disclosure statements completed by sellers of residential real property prior to the effective date of this act must comply with requirements of RCW 64.06.020 in effect at the time the transaction is started."

      On page 1, line 1 of the title, after "disclosure;" strike the remainder of the title and insert "amending RCW 64.06.010, 64.06.020, 64.06.030, 64.06.040, 64.06.050, and 64.06.070; and providing an effective date.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Haugen, the Senate adheres to its position regarding the House amendments to Substitute Senate Bill No. 5053 and asks the House to recede therefrom.




MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, ENGROSSED SENATE BILL NO. 5529, was returned to second reading for the purpose of an amendment. The following amendment was adopted and the bill passed the House as amended:

      Set aside all previous amendments and on page 3, line 24, after "levies" insert "approved before June 30, 1995, and", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION


      On motion of Senator McAuliffe, the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 5529 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House adheres to its position regarding the House amendment(s) to SENATE BILL NO. 5544 and again asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Drew, the Senate concurred in the House amendment(s) to Senate Bill No. 5544.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5544, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5544, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 2; Excused, 2.

      Voting yea: Senators Anderson, A., Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Newhouse and Prince - 2.

      Absent: Senators Bauer and Deccio - 2.

      Excused: Senators Anderson, C. and McCaslin - 2.

      SENATE BILL NO. 5544, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.




      There being no objection, the Senate resumed consideration of the Message from the House concerning the House amendments on page 2, line 6, and page 6, after line 18, to Substitute Senate Bill No. 5606, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Fraser to the House amendments to Substitute Senate Bill No. 5606, the President finds that Substitute Senate Bill No. 5606 is a measure which deals with permitted uses of water which is derived from sewage from wastewater treatment systems.

      "The House amendments, in addition, include a new definition of salvaged water to include water which is made surplus through efficiencies, and allowing, under certain circumstances, the use of such water on contiguous lands owned by the person holding the water right.

      "The President, therefore, finds that the House amendments do change the scope and object of the Senate Bill and the point of order is well taken."


      The House amendments on page 2, line 6, and page 6, after line 18, to Substitute Senate Bill No. 5606 were ruled out of order.


MOTION


      On motion of Senator Fraser, the Senate does not concur in the House amendments to Substitute Senate Bill No. 5606

 and asks the House to recede therefrom.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has adopted the Report of the Conference Committee on ENGROSSED SENATE BILL NO. 5873 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


CONFERENCE COMMITTEE REPORT


ESB 5873                                                                                                                                                                                       April 23, 1995


Includes "NEW ITEM": YES


Raising the fine for parking in places reserved for physically handicapped persons


MR. PRESIDENT:

MR. SPEAKER:

      We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SENATE BILL NO. 5873, raising the fine for parking in places reserved for physically handicapped persons, have had the same under consideration and we recommend that the House Committee on Law and Justice amendment(s) and floor amendment(s), adopted April 10, 1995, not be adopted and the bill be amended as follows:

On page 3, strike lines 32 and 33 and insert:

      "(7) It is a ((traffic)) parking infraction, with a monetary penalty of ((fifty)) one hundred seventy-five dollars for any person to park a vehicle in a parking"

On page 4, strike lines 4 through 6 and insert:

      "(8) The ((portion of a)) penalty imposed under subsection (7) of this section ((that is retained by a local jurisdiction under RCW 3.46.120, 3.50.100, 3.62.020, 3.62.040, or 35.20.220)) shall be used by that local", and that the bill do pass as recommended by the Conference Committee.

      Signed by: Senators Fairley, Sellar, Smith; Representatives Sheahan and Costa.


MOTION


      On motion of Senator Fairley, the Senate adopted the Report of the Conference Committee on Engrossed Senate Bill No. 5873.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5873, as recommended by the Conference Committee.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5873, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Absent: Senators Haugen and Newhouse - 2.

      Excused: Senators Anderson, C. and McCaslin - 2.

      ENGROSSED SENATE BILL NO. 5873, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5169,

      SENATE BILL NO. 5990, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, SECOND SUBSTITUTE SENATE BILL NO. 5574, was returned to second reading for the purpose of an amendment. The following amendment was adopted and the bill passed the House as amended:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that in the early 1900's and up through the 1930's, counties took possession of a number of forest land parcels as a result of tax delinquencies. In many cases, the timber had already been harvested from these lands prior to the forfeiture of the property to the counties. Since that time, the department of natural resources has reforested and managed these lands in conjunction with the state trust lands. Given changes in forest practices, recent fluctuation in income from the forest board lands, and questions about the management of the department of natural resources, the legislature directs that a study of the policies and an analysis of economic elements of the management of state forest board lands be conducted by the legislative budget committee, in consultation with the Washington state members of western states legislatures forestry task force and the chairs of the senate and house of representatives committees on natural resources.

      NEW SECTION. Sec. 2. The study under section 1 of this act shall include elements such as the following:

      (1) The role of forest board lands in the state's sustained yield calculations and the effect of removing all or part of those lands on income, yield, and management policies;

      (2) The economic and forest practice implications of separating the forest board lands from the total lands managed by the department of natural resources;

      (3) The effects of a transfer on public access, recreation, and the management of other public and private lands;

      (4) A comparison of forest management procedures and costs between Grays Harbor county and similar forest board and state trust lands; and

      (5) An examination of the best possible methods and procedures to transfer board lands to the counties.

      NEW SECTION. Sec. 3. The findings of the study, along with recommendations to the legislature, shall be submitted to the appropriate standing committees of the legislature by December 31, 1996.

      NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Drew, the Senate concurred in the House amendment to Second Substitute Senate Bill No. 5574.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5574, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5574, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senator Hale - 1.

      Absent: Senator Hochstatter - 1.

      Excused: Senators Anderson, C. and McCaslin - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5574, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, SENATE BILL NO. 5652, was returned to second reading for the purpose of an amendment. The following amendments were adopted and the bill passed the House as amended:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that welfare fraud damages the state's ability to use its limited resources to help those in need who legitimately qualify for assistance. In addition, it affects the credibility and integrity of the system, promoting disdain for the law.

      Persons convicted of committing such fraud should be barred, for a period of time, from receiving additional public assistance.

      Sec. 2. RCW 74.08.290 and 1959 c 26 s 74.08.290 are each amended to read as follows:

      The department is hereby authorized to suspend temporarily the public assistance granted to any person for any period during which such person is not in need thereof.

      If a recipient is convicted of any crime or offense, and punished by imprisonment, no payment shall be made during the period of imprisonment.

      If a recipient is convicted of unlawful practices under RCW 74.08.331, no payment shall be made for a period to be determined by the court, but in no event less than six months upon the first conviction and no less than twelve months for a second or subsequent violation. This suspension of public assistance shall apply regardless of whether the recipient is subject to complete or partial confinement upon conviction, or incurs some lesser penalty.

      Sec. 3. RCW 74.04.062 and 1973 c 152 s 2 are each amended to read as follows:

      Upon written request of a person who has been properly identified as an officer of the law with a felony arrest warrant or a properly identified United States immigration official with a warrant for an illegal alien the department shall disclose to such officer the current address and location of the person properly described in the warrant. However, this rule does not restrict in any manner whatsoever the disclosure of address and location information by the department pursuant to its implementation of the federal "systematic alien verification for entitlements" program or pursuant to section 4 of this act.

      NEW SECTION. Sec. 4. A new section is added to chapter 74.08 RCW to read as follows:

      The department shall implement the federal "systematic alien verification for entitlements" program, the "SAVE" program. The department shall:

      (1) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status;

      (2) Post at every community service office a sign letting applicants and recipients know that illegal aliens will be reported to the United States immigration and naturalization service and that the systematic alien verification for entitlements program is in use in the office; and

      (3) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.

      NEW SECTION. Sec. 5. The department shall have the SAVE program in full force and effect by September 30, 1995, and report to the fiscal committees of the house of representatives and senate by December 1, 1995, regarding the progress of implementation and outcomes by region of the program."

      On page 1, line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 74.08.290 and 74.04.062; adding a new section to chapter 74.08 RCW; and creating new sections.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Quigley, the Senate concurred in the House amendments to Senate Bill No. 5652.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5652, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5652, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Absent: Senators Deccio, Haugen and Hochstatter - 3.

      Excused: Senators Anderson, C. and McCaslin - 2.

      SENATE BILL NO. 5652, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 5466 was returned to second reading for the purpose of an amendment. The following amendment was adopted and the bill passed the House as amended:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. As used in sections 1 through 6 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise.

      (1) "Minor" means any person under the age of eighteen years.

      (2) "Harmful to minors" means any matter or live performance:

      (a) That the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and

      (b) That explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:

      (i) Ultimate sexual acts, normal or perverted, actual or simulated; or

      (ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or

      (iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

      (c) That, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.

      (3) "Matter" means a motion picture film, a publication, a sexual device, or any combination thereof.

      (4) "Motion picture film" means any:

      (a) Film or plate negative;

      (b) Film or plate positive;

      (c) Film designed to be projected on a screen for exhibition;

      (d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;

      (e) Video tape; or

      (f) Any other medium used to electronically transmit or reproduce images on a screen.

      (5) "Publication" means any book, magazine, article, pamphlet, writing, printing illustration, picture, sound recording, telephonic communication, or coin-operated machine.

      (6) "Sexual device" means any artificial device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals.

      (7) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, or by telephonic communication, with or without consideration.

      (8) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

      (9) "Knowledge of its character" means that the person has knowledge that the matter or performance contains, depicts, or describes activity or conduct that is patently offensive under subsection (2)(b) of this section. Such knowledge may be proved by direct or circumstantial evidence, or both.

      (10) "Knowledge" means knowledge as defined in RCW 9A.08.010(1)(b).

      (11) "Community" means the state-wide community.

      NEW SECTION. Sec. 2. No person shall with knowledge of its character:

      (1) Display matter that is harmful to minors, as defined in section 1(2) of this act, in such a way that minors, as part of the invited general public, will be exposed to view such matter; however, a person shall be deemed not to have displayed matter harmful to minors if the matter is kept behind devices commonly known as blinder racks so that the lower two-thirds of the matter is not exposed to view. In the case of on-line accessibility to information stored in an electronic form, a person shall be deemed not to have displayed matter harmful to minors if:

      (a) The matter is stored in a restricted area where access is allowed only to persons who are reasonably believed to be eighteen years of age or older based on information supplied as provided for in section 3(3) of this act and who have obtained a password or other authorization necessary for access to the matter; or

      (b) It is not reasonably possible to restrict access in the manner described in (a) of this subsection;

      (2) Sell, furnish, present, distribute, allow to view or hear, or otherwise disseminate to a minor, with or without consideration, any matter that is harmful to minors as defined in section 1(2) of this act; or

      (3) Present to a minor or participate in presenting to a minor, with or without consideration, any live performance that is harmful to minors as defined in section 1(2) of this act.

      NEW SECTION. Sec. 3. In any prosecution for violation of section 2 of this act, it shall be an affirmative defense that:

      (1) The matter or performance involved was displayed or otherwise disseminated to a minor by the minor's parent or legal guardian, for bona fide purposes;

      (2) The matter or performance involved was displayed or otherwise disseminated to a minor with the written permission of the minor's parent or legal guardian, for bona fide purposes; or

      (3) The person made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper, or copy thereof if supplied by mail or electronic facsimile when in-person production thereof is impractical, and not relying solely on the oral allegations or apparent age of the minor.

      NEW SECTION. Sec. 4. Any person who is convicted of violating any provision of section 2 of this act is guilty of a gross misdemeanor. Each day that any violation of section 2 of this act occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by section 2 of this act shall constitute a separate offense as to each item, issue, or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume, and number issue, or other such identical material shall constitute a single offense.

      NEW SECTION. Sec. 5. Nothing in this chapter shall apply to the official distribution of material by a recognized historical society or museum, a library of a college or university, or an archive or library under the supervision and control of the state, county, municipality, or other political subdivision of the state.

      NEW SECTION. Sec. 6. The state of Washington hereby fully occupies and preempts within the boundaries of the state the entire field of regulation and sanctions for displaying, selling, furnishing, presenting, or otherwise distributing matter or performances that are harmful to minors. Counties, cities, towns, or other municipalities may enact only those laws and ordinances relating to matter and performances harmful to minors that are consistent with this chapter. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of this chapter shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such county, city, town, or municipality.

      NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

      (1) RCW 9.68.015 and 1959 c 260 s 2;

      (2) RCW 9.68.050 and 1992 c 5 s 1 & 1969 ex.s. c 256 s 13;

      (3) RCW 9.68.060 and 1992 c 5 s 2 & 1969 ex.s. c 256 s 14;

      (4) RCW 9.68.070 and 1992 c 5 s 4 & 1969 ex.s. c 256 s 15;

      (5) RCW 9.68.080 and 1969 ex.s. c 256 s 16;

      (6) RCW 9.68.090 and 1992 c 5 s 3 & 1969 ex.s. c 256 s 17;

      (7) RCW 9.68.100 and 1969 ex.s. c 256 s 18;

      (8) RCW 9.68.110 and 1969 ex.s. c 256 s 19;

      (9) RCW 9.68.120 and 1969 ex.s. c 256 s 20;

      (10) RCW 9.68.130 and 1975 1st ex.s. c 156 s 1;

      (11) RCW 9.68A.140 and 1987 c 396 s 1;

      (12) RCW 9.68A.150 and 1987 c 396 s 2; and

      (13) RCW 9.68A.160 and 1987 c 396 s 3.

      NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 9.68 RCW.

      NEW SECTION. Sec. 9. 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. 10. 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.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      Senator Smith moved that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5466.

      Debate ensued.


POINT OF INQUIRY


      Senator Roach: "Senator Smith, it has been brought up in our floor debate that parents might not have a say as to whether or not their children can see the material, generally this is regarding written or printed material, what does the bill say about the parents and the involvement in this? Can you tell the body?"

      Senator Smith: "Well, I am going to have to assume what the debate is. The bill does not, in any way, prohibit parents from having total control over that. All this bill attempts to do is in those situations when parents cannot be around their kids--we all know parents can't be around their kids twenty-four hours a day--and what with the information that is being spread around out there merely offers protection when they are not around their parents. Obviously, when they are around their parents, the parents make the final call on that. It also exempts parents--a parent cannot be found to be giving 'harmful to minors material' if they are the ones controlling what their children see. I think that is what you were looking for."

      Senator Roach: "That is exactly right. Thank you, Senator Smith."

      Further debate ensued.

      The President declared the question before the Senate to be the motion by Senator Smith that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5466.

      The motion by Senator Smith carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5466.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5466, as amended by the House.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5466, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 2; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 38.

      Voting nay: Senators Fairley, Kohl, Pelz, Prentice, Rinehart, Spanel and Wojahn - 7.

      Absent: Senators Deccio and Hochstatter - 2.

      Excused: Senators Anderson, C. and McCaslin - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5466, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Ann Anderson, Senator Hochstatter was excused.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED HOUSE BILL NO. 1173,

      HOUSE BILL NO. 1225,

      SUBSTITUTE HOUSE BILL NO. 1250,

      HOUSE BILL NO. 1359,

      HOUSE BILL NO. 1445,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,

      HOUSE BILL NO. 1495,

      SUBSTITUTE HOUSE BILL NO. 1560,

      SUBSTITUTE HOUSE BILL NO. 1669,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821,

      SUBSTITUTE HOUSE BILL NO. 1871,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941,

      ENGROSSED HOUSE BILL NO. 2057,

      HOUSE CONCURRENT RESOLUTION NO. 4408, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED HOUSE BILL NO. 1173,

      HOUSE BILL NO. 1225,

      SUBSTITUTE HOUSE BILL NO. 1250,

      HOUSE BILL NO. 1359,

      HOUSE BILL NO. 1445,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,

      HOUSE BILL NO. 1495,

      SUBSTITUTE HOUSE BILL NO. 1560,

      SUBSTITUTE HOUSE BILL NO. 1669,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821,

      SUBSTITUTE HOUSE BILL NO. 1871,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941,

      ENGROSSED HOUSE BILL NO. 2057,

      HOUSE CONCURRENT RESOLUTION NO. 4408.


MOTION


      At 9:57 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:00 p.m. by President Pritchard.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SENATE BILL NO. 5011,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5244,

      SUBSTITUTE SENATE BILL NO. 5365,

      SENATE BILL NO. 5434,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5448,

      ENGROSSED SENATE BILL NO. 5770,

      SUBSTITUTE SENATE BILL NO. 5854,

      ENGROSSED SENATE BILL NO. 5873,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5885.


      There being no objection, the President reverted the Senate to the third order of business.


PROCLAMATION BY THE GOVERNOR


STATE OF WASHINGTON

OFFICE OF THE GOVERNOR

P. O. Box 40002, Olympia, Washington 98504-0002


      WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the 1995 Regular Session of the Legislature adjourned April 23, 1995, the 105th day of the session, without completing its work; and

      WHEREAS, it is therefore necessary for me to convene a Special Session for the purpose of addressing matters related to the Budgets, the Puget Sound Water Quality Authority, Juvenile Justice Reform, Personnel System Reform, and the Presidential Primary;

      NOW THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7, of the Washington State Constitution, do hereby convene the Legislature of the state of Washington on Monday, the 24th day of April, 1995, at 10:00 a.m. in Special Session in the Capitol at Olympia for the purpose stated herein.

 

(SEAL)                                                     IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this 23th day of April, A.D., nineteen hundred and ninety-five.

MIKE LOWRY,

Governor of Washington

BY THE GOVERNOR:


RALPH MUNRO

Secretary of State


      There being no objection, the President advanced the Senate to the fourth order of business.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House has passed HOUSE CONCURRENT RESOLUTION NO. 4414, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


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


INTRODUCTION AND FIRST READING OF HOUSE BILL

 

HCR 4414          by Representative Foreman

 

Extending cut-off for SB 5776.


MOTIONS


      On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4414 was advanced to second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4414 was advanced to third reading, the second reading considered the third and the resolution was placed on third reading and final passage.

      HOUSE CONCURRENT RESOLUTION NO. 4414 was adopted by voice vote.


MOTIONS


      On motion of Senator Haugen, the Senate advanced to the ninth order of business.

      On motion of Senator Haugen, the Committee on Government Operations was relieved of further consideration of Senate Bill No. 5776 and the bill was placed on the second reading calendar.


MOTION


      On motion of Senator Haugen, the Senate reverted to the sixth order of business.


SECOND READING

 

SB 5776             By Senator Fraser


      Integrating water resources and growth management.


      The bill was read the second time.


MOTIONS


      Senator Fraser moves that the following amendment by Senators Fraser, Swecker, Haugen and Ann Anderson be adopted:

      "Strike everything after the enacting clause and insert the following:

      Sec. 1. RCW 35.44.020 and 1987 c 242 s 4 are each amended to read as follows:

      There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof:

      (1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections;

      (2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer;

      (3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district;

      (4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;

      (5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement;

      (6) All cost of the acquisition of rights of way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner;

      (7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds.

      Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time.

      Sec. 2. RCW 43.21B.160 and 1990 c 65 s 5 are each amended to read as follows:

      There shall be included in the cost and expense of every local improvement for assessment against the property in the district created to pay the same, or any part thereof:

      (1) The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within the street intersections;

      (2) The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the city or town engineer;

      (3) The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district;

      (4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;

      (5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the city or town clerk and city or town treasurer in connection with the improvement;

      (6) All cost of the acquisition of rights of way, property, easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection with the local improvement, whether by eminent domain, purchase, gift, payment of connection charges, capacity charges, or other similar charges or in any other manner;

      (7) The cost for legal, financial, and appraisal services and any other expenses incurred by the city, town, or public corporation for the district or in the formation thereof, or by the city, town, or public corporation in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds and the cost of providing for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the payment of principal of and interest on such bonds.

      Any of the costs set forth in this section may be excluded from the cost and expense to be assessed against the property in such local improvement district and may be paid from any other moneys available therefor if the legislative body of the city or town so designates by ordinance at any time.   In all appeals ((involving a formal hearing)), the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be subject to all duties imposed upon, and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the hearings board, the hearings board, or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the director as the hearings board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of the director to the hearings board shall be presented only in an open hearing.

      Sec. 3. RCW 43.21B.170 and 1970 ex.s. c 62 s 47 are each amended to read as follows:

      All proceedings((, including both formal and informal hearings,)) before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.

      Sec. 4. RCW 43.21B.190 and 1994 c 253 s 7 are each amended to read as follows:

      Within thirty days after the final decision and order of the hearings board upon such an appeal has been communicated to the interested parties, such interested party aggrieved by the decision and order of the hearings board may appeal to the superior court. ((In all appeals involving a decision or an order of the hearings board after an informal hearing, the petition shall be filed in the superior court for the county of the petitioner's residence or principal place of business, or in the absence of a residence or principal place of business, for Thurston county. Such appeal may be perfected by filing with the clerk of the superior court a notice of appeal, and by serving a copy thereof by mail, or personally on the director, the air pollution control boards or authorities, established pursuant to chapter 70.94 RCW or on the board as the case may be. The hearings board shall serve upon the appealing party, the director, the air pollution control board or authorities established pursuant to chapter 70.94 RCW, or the board, as the case may be, and on any other party appearing at the hearings board's proceeding, and file with the clerk of the court before trial, a certified copy of the hearings board's decision and order. Appellate review of a decision of the superior court may be sought as in other civil cases. No bond shall be required on appeals to the superior court or on review by the supreme court unless specifically required by the judge of the superior court.))

      Sec. 5. RCW 34.05.518 and 1988 c 288 s 503 are each amended to read as follows:

      (1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals either (a) upon certification by the superior court pursuant to this section or (b) if the final decision is from an environmental board as defined in subsection (3) of this section, upon acceptance by the court of appeals after a certificate of appealability has been filed by the environmental board that rendered the final decision.

      (2) For direct review upon certification by the superior court, an application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court. The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:

      (((1))) (a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;

      (((2))) (b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

      (((3))) (c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and

      (((4))) (d) The appellate court's determination in the proceeding would have significant precedential value.

      Procedures for certification shall be established by court rule.

      (3)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include those boards identified in RCW 43.21B.005 and growth management hearings boards as identified in RCW 36.70A.250.

      (b) An environmental board may issue a certificate of appealability if it finds that delay in obtaining a final and prompt determination of the issues would be detrimental to any party or the public interest and either:

      (i) Fundamental and urgent state-wide or regional issues are raised; or

      (ii) The proceeding is likely to have significant precedential value.

      (4) The environmental board shall state in the certificate of appealability which criteria it applied, explain how that criteria was met, and file with the certificate a copy of the final decision.

      (5) For an appellate court to accept direct review of a final decision of an environmental board, it shall consider the same criteria outlined in subsection (3) of this section.

      (6) The procedures for direct review of final decisions of environmental boards include:

      (a) Within thirty days after filing the petition for review with the superior court, a party may file an application for direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.

      (b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct review on that issue.

      (c) The environmental board shall have thirty days to grant or deny the request for a certificate of appealability and its decision shall be filed with the superior court and served on all parties of record.

      (d) If a certificate of appealability is issued, the parties shall have fifteen days from the date of service to file a notice of discretionary review in the superior court, and the notice shall include a copy of the certificate of appealability and a copy of the final decision.

      (e) If the appellate court accepts review, the certificate of appealability shall be transmitted to the court of appeals as part of the certified record.

      (f) If a certificate of appealability is denied, review shall be by the superior court. The superior court's decision may be appealed to the court of appeals.

      Sec. 6. RCW 34.05.522 and 1988 c 288 s 504 are each amended to read as follows:

      The court of appeals may refuse to accept direct review of a case ((certified)) pursuant to RCW 34.05.518 if it finds that the case does not meet the applicable standard in RCW 34.05.518(2) or (5). Rules of Appellate Procedure 2.3 do not apply in this instance. The refusal to accept such review is not subject to further appellate review, notwithstanding anything in Rule 13.3 of the Rules of Appellate Procedure to the contrary.

      Sec. 7. RCW 75.20.140 and 1989 c 175 s 161 are each amended to read as follows: 

      (1) ((In all appeals over which the hydraulic appeals board has jurisdiction, a party taking an appeal may elect either a formal or informal hearing. Such election shall be made according to the rules of practice and procedure to be adopted by the hydraulic appeals board. In the event that appeals are taken from the same decision, order, or determination, by different parties and only one of such parties elects a formal hearing, a formal hearing shall be granted.

      (2))) In all appeals, the hydraulic appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.

      (((3))) (2) In all appeals ((involving a formal hearing)), the hydraulic appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.

      (((4))) (3) All proceedings((, including both formal and informal hearings,)) before the hydraulic appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. Such rules shall be published and distributed.

      (((5))) (4) Judicial review of a decision of the hydraulic appeals board ((shall be de novo except when the decision has been rendered pursuant to the formal hearing, in which event judicial review)) may be obtained only pursuant to RCW 34.05.510 through 34.05.598.

      NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

      (1) RCW 43.21B.140 and 1987 c 109 s 30 & 1970 ex.s. c 62 s 44; and

      (2) RCW 43.21B.150 and 1990 c 65 s 4, 1974 ex.s. c 69 s 2, & 1970 ex.s. c 62 s 45.

      Sec. 9. RCW 36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended to read as follows:

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

      (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

      (2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

      (3) "City" means any city or town, including a code city.

      (4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

      (5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.

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

      (7) ((For purposes of RCW 36.70A.065 and 36.70A.440, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.

      (8))) "Development regulations" means ((any)) the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in section 402 of chapter , Laws of 1995 (ESHB 1724), even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

      (((9))) (8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.

      (((10))) (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

      (((11))) (10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

      (((12))) (11) "Minerals" include gravel, sand, and valuable metallic substances.

      (((13))) (12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

      (((14))) (13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

      (((15))) (14) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

      (((16))) (15) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

      (((17))) (16) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

      (((18))) (17) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. ((However,)) Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands((, if permitted by the county or city)).

      Sec. 10. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

      As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

      (1) Administration:

      (a) "Department" means the department of ecology;

      (b) "Director" means the director of the department of ecology;

      (c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

      (d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

      (e) "Hearing board" means the shoreline hearings board established by this chapter.

      (2) Geographical:

      (a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

      (b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

      (c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

      (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated ((wetlands)) shorelands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

      (e) "Shorelines of state-wide significance" means the following shorelines of the state:

      (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

      (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

      (A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,

      (B) Birch Bay--from Point Whitehorn to Birch Point,

      (C) Hood Canal--from Tala Point to Foulweather Bluff,

      (D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and

      (E) Padilla Bay--from March Point to William Point;

      (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

      (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

      (v) Those natural rivers or segments thereof as follows:

      (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

      (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

      (vi) Those ((wetlands)) shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

      (f) "((Wetlands)) Shorelands" or "((wetland)) shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all ((marshes, bogs, swamps,)) wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology((: PROVIDED, That)). Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

      (g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;

      (h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

      (3) Procedural terms:

      (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

      (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

      (c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

      (d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

      (e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

      (i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

      (ii) Construction of the normal protective bulkhead common to single family residences;

      (iii) Emergency construction necessary to protect property from damage by the elements;

      (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on ((wetlands)) shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels((: PROVIDED, That)). A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the ((wetlands)) shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

      (v) Construction or modification of navigational aids such as channel markers and anchor buoys;

      (vi) Construction on ((wetlands)) shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

      (vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

      (viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

      (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

      (x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system((;

      (xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge)).

      NEW SECTION. Sec. 11. A new section is added to chapter RCW 90.58 RCW to read as follows:

      The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the manual in use on January 1, 1995 by the united states corps of engineers and the united states environmental protection agency. If the corps of engineers and the environmental protection agency adopt a changes to or a different manual, the department shall consider those changes and may adopt rules implementing those changes.

      NEW SECTION. Sec. 12. A new section is added to chapter RCW 36.70A RCW to read as follows:

      Wetlands regulated under development regulations adopted pursuant to this chapter shall be delineated in accordance with the manual adopted by the department pursuant to section 11 of this act.

      NEW SECTION. Sec. 13. A new section is added to chapter RCW 36.70A RCW to read as follows:

      Nothing in section 104 of chapter , Laws of 1995 (Engrossed Substitute House Bill 1724) shall be construed to authorize a county or city to adopt regulations applicable to shorelands as defined in RCW 90.58.030 that are inconsistent with the provisions of chapter 90.58 RCW."


      On motion of Senator Haugen, the following amendment by Senators Haugen, Swecker, Ann Anderson and Fraser to the striking amendment by Senators Fraser, Swecker, Haugen and Ann Anderson was adopted:

      On page 14, line 10, after "the" insert "1987"

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Swecker, Haugen and Ann Anderson, as amended, to Senate Bill No. 5776.

      The motion by Senator Fraser carried and the striking amendment, as amended, was adopted.

 

MOTIONS


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

      On page 1, line 2, strike everything after "management" through "RCW" on page 1, line 3, and insert "amending 35.44.020, 43.21B.160, 43.21B.170, 43.21B.190, 34.05.518, 34.05.522, 75.20.140; creating a new section in chapter 90.58 RCW; creating new sections 36.70A RCW; and repealing 43.21B.140, 43.21B.150."


      On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5776 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Spanel, further consideration of Engrossed Senate Bill No. 5776 was deferred.


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5127,

      SUBSTITUTE SENATE BILL NO. 5141,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5466,

      SENATE BILL NO. 5544,

      SUBSTITUTE SENATE BILL NO. 5551,

      SECOND SUBSTITUTE SENATE BILL NO. 5574,

      SENATE BILL NO. 5652,

      SENATE BILL NO. 5655,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5684,

      SUBSTITUTE SENATE BILL NO. 5800,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5943,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008,

      SENATE CONCURRENT RESOLUTION NO. 8407.


      At 11:15 p.m., there being no objection, the President declared the Senate to be at ease.


      The Senate was called to order at 11:21 p.m. by President Pritchard.


MOTIONS


      On motion of Senator Spanel, the Senate advanced to the seventh order of business.

      On motion of Senator Spanel, the Senate resumed consideration of Engrossed Senate Bill No. 5776, deferred on third reading earlier today.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5776.



ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No 5776 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 43.

      Voting nay: Senators Smith and Wojahn - 2.

      Absent: Senator Newhouse - 1.

      Excused: Senators Anderson, C., Hochstatter and McCaslin - 3.

      ENGROSSED SENATE BILL NO. 5776, having received the constitutional majority, was declared passed. Their being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5606, and has passed the bill without said amendment(s), and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION


      At 11:27 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:56 p.m. by President Pritchard.

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


INTRODUCTION AND FIRST READING

 

SCR 8409          by Senators Gaspard and McDonald

 

Adjourning Sine Die.

 

SCR 8410          by Senators Gaspard and McDonald

 

Concerning the status of bills, resolutions, and memorials prior to adjournment Sine Die.


MOTIONS


      On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8409 was advanced to second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8409 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on third reading and final passage.

      SENATE CONCURRENT RESOLUTION NO. 8409 was adopted by voice vote.


MOTIONS


      On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8410 was advanced to second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8410 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on third reading and final passage.

      SENATE CONCURRENT RESOLUTION NO. 8410 was adopted by voice vote.


      There being no objection, the President returned the Senate to the fourth order of business.


MESSAGES FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107,

      SECOND SUBSTITUTE HOUSE BILL NO. 1524,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1589, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED SENATE BILL NO. 5011,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5244,

      SUBSTITUTE SENATE BILL NO. 5365,

      SENATE BILL NO. 5434,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5448,

      ENGROSSED SENATE BILL NO. 5770,

      SUBSTITUTE SENATE BILL NO. 5854,

      ENGROSSED SENATE BILL NO. 5873,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5885, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk



April 23, 1995

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 5776, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5127,

      SUBSTITUTE SENATE BILL NO. 5141,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5466,

      SENATE BILL NO. 5544,

      SUBSTITUTE SENATE BILL NO. 5551,

      SECOND SUBSTITUTE SENATE BILL NO. 5574,

      SENATE BILL NO. 5652,

      SENATE BILL NO. 5655,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5684,

      SUBSTITUTE SENATE BILL NO. 5800,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5943,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008,

      SENATE CONCURRENT RESOLUTION NO. 8407, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE SENATE BILL NO. 5606.  


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107,

      SECOND SUBSTITUTE HOUSE BILL NO. 1524,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1589.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SENATE BILL NO. 5776.


MESSAGES FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The Speaker has signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4414, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8409, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The House has adopted SENATE CONCURRENT RESOLUTION NO. 8410, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed SUBSTITUTE SENATE BILL NO. 5606, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed ENGROSSED SENATE BILL NO. 5776, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE CONCURRENT RESOLUTION NO. 4414.


SIGNED BY THE PRESIDENT


      The President signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724.


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE CONCURRENT RESOLUTION NO. 8409.


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE CONCURRENT RESOLUTION NO. 8410.


RETURN OF HOUSE BILLS TO THE HOUSE OF REPRESENTATIVES


      Under the provisions of Senate Concurrent Resolution No. 8410, the following House Bills were returned to the House of Representatives:

      SUBSTITUTE HOUSE BILL NO. 1008,

      HOUSE BILL NO. 1019,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1021,

      HOUSE BILL NO. 1023,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1024,

      HOUSE BILL NO. 1029,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1030,

      SUBSTITUTE HOUSE BILL NO. 1032,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1036,

      SECOND SUBSTITUTE HOUSE BILL NO. 1044,

      HOUSE BILL NO. 1048,

      HOUSE BILL NO. 1051,

      HOUSE BILL NO. 1052,

      ENGROSSED HOUSE BILL NO. 1055,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1065,

      SUBSTITUTE HOUSE BILL NO. 1066,

      SECOND SUBSTITUTE HOUSE BILL NO. 1078,

      SUBSTITUTE HOUSE BILL NO. 1083,

      SUBSTITUTE HOUSE BILL NO. 1084,

      SUBSTITUTE HOUSE BILL NO. 1090,

      SUBSTITUTE HOUSE BILL NO. 1093,

      SUBSTITUTE HOUSE BILL NO. 1097,

       ENGROSSED HOUSE BILL NO. 1099,

      HOUSE BILL NO. 1102,

      SUBSTITUTE HOUSE BILL NO. 1111,

      HOUSE BILL NO. 1113,

      HOUSE BILL NO. 1115,

      ENGROSSED HOUSE BILL NO. 1132,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135,

      HOUSE BILL NO. 1142,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1147,

      HOUSE BILL NO. 1151,

      ENGROSSED HOUSE BILL NO. 1155,

      HOUSE BILL NO. 1174,

      HOUSE BILL NO. 1180,

      SUBSTITUTE HOUSE BILL NO. 1182,

      SUBSTITUTE HOUSE BILL NO. 1187,

      SUBSTITUTE HOUSE BILL NO. 1200,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1203,

      SECOND SUBSTITUTE HOUSE BILL NO. 1214,

      SUBSTITUTE HOUSE BILL NO. 1221,

      SUBSTITUTE HOUSE BILL NO. 1236,

      HOUSE BILL NO. 1238,

      HOUSE BILL NO. 1251,

      HOUSE BILL NO. 1256,

      SUBSTITUTE HOUSE BILL NO. 1259,

      ENGROSSED HOUSE BILL NO. 1271,

      SUBSTITUTE HOUSE BILL NO. 1272,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1274,

      HOUSE BILL NO. 1275,

      SUBSTITUTE HOUSE BILL NO. 1276,

      SUBSTITUTE HOUSE BILL NO. 1278,

      SUBSTITUTE HOUSE BILL NO. 1279,

      SECOND SUBSTITUTE HOUSE BILL NO. 1286,

      SUBSTITUTE HOUSE BILL NO. 1289,

      SUBSTITUTE HOUSE BILL NO. 1292,

      SECOND SUBSTITUTE HOUSE BILL NO. 1313,

      SECOND SUBSTITUTE HOUSE BILL NO. 1318,

      ENGROSSED HOUSE BILL NO. 1322,

      ENGROSSED HOUSE BILL NO. 1323,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,

      SUBSTITUTE HOUSE BILL NO. 1327,

      SUBSTITUTE HOUSE BILL NO. 1328,

      SUBSTITUTE HOUSE BILL NO. 1329,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1330,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1331,

      SUBSTITUTE HOUSE BILL NO. 1337,

      HOUSE BILL NO. 1349,

      HOUSE BILL NO. 1351,

      SUBSTITUTE HOUSE BILL NO. 1354,

      HOUSE BILL NO. 1361,

      SUBSTITUTE HOUSE BILL NO. 1364,

      HOUSE BILL NO. 1370,

      HOUSE BILL NO. 1371,

      HOUSE BILL NO. 1373,

      HOUSE BILL NO. 1374,

      SUBSTITUTE HOUSE BILL NO. 1375,

      SUBSTITUTE HOUSE BILL NO. 1399,

      SECOND SUBSTITUTE HOUSE BILL NO. 1400,

      HOUSE BILL NO. 1412,

      SUBSTITUTE HOUSE BILL NO. 1413,

      HOUSE BILL NO. 1415,

      ENGROSSED HOUSE BILL NO. 1416,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1417,

      SUBSTITUTE HOUSE BILL NO. 1418,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1421,

      HOUSE BILL NO. 1424,

      SUBSTITUTE HOUSE BILL NO. 1440,

      SUBSTITUTE HOUSE BILL NO. 1447,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1451,

      HOUSE BILL NO. 1456,

      SUBSTITUTE HOUSE BILL NO. 1459,

      HOUSE BILL NO. 1460,

      SUBSTITUTE HOUSE BILL NO. 1473,

      SUBSTITUTE HOUSE BILL NO. 1476,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1481,

      SUBSTITUTE HOUSE BILL NO. 1484,

      SUBSTITUTE HOUSE BILL NO. 1491,

      SUBSTITUTE HOUSE BILL NO. 1508,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1510,

      SUBSTITUTE HOUSE BILL NO. 1514,

      SUBSTITUTE HOUSE BILL NO. 1522,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1523,

      SUBSTITUTE HOUSE BILL NO. 1536,

      SECOND SUBSTITUTE HOUSE BILL NO. 1537,

      SUBSTITUTE HOUSE BILL NO. 1540,

      HOUSE BILL NO. 1542,

      HOUSE BILL NO. 1545,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1546,

      SUBSTITUTE HOUSE BILL NO. 1548,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1555,

      HOUSE BILL NO. 1562,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1566,

      HOUSE BILL NO. 1567,

      SUBSTITUTE HOUSE BILL NO. 1573,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1574,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1592,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1594,

      SUBSTITUTE HOUSE BILL NO. 1597,

      HOUSE BILL NO. 1607,

      ENGROSSED HOUSE BILL NO. 1619,

      SUBSTITUTE HOUSE BILL NO. 1625,

      HOUSE BILL NO. 1627,

      SUBSTITUTE HOUSE BILL NO. 1634,

      SUBSTITUTE HOUSE BILL NO. 1639,

      SUBSTITUTE HOUSE BILL NO. 1648,

      SUBSTITUTE HOUSE BILL NO. 1649,

      SUBSTITUTE HOUSE BILL NO. 1654,

      ENGROSSED HOUSE BILL NO. 1659,

      HOUSE BILL NO. 1662,

      HOUSE BILL NO. 1663,

      SUBSTITUTE HOUSE BILL NO. 1665,

      HOUSE BILL NO. 1667,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1704,

      SUBSTITUTE HOUSE BILL NO. 1705,

      HOUSE BILL NO. 1707,

      HOUSE BILL NO. 1709,

      ENGROSSED HOUSE BILL NO. 1710,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1719,

      HOUSE BILL NO. 1727,

      ENGROSSED HOUSE BILL NO. 1729,

      SUBSTITUTE HOUSE BILL NO. 1733,




      SUBSTITUTE HOUSE BILL NO. 1736,

      SUBSTITUTE HOUSE BILL NO. 1738,

      SUBSTITUTE HOUSE BILL NO. 1739,

      SUBSTITUTE HOUSE BILL NO. 1741,

      HOUSE BILL NO. 1742,

      ENGROSSED HOUSE BILL NO. 1749,

      SUBSTITUTE HOUSE BILL NO. 1750,

      SUBSTITUTE HOUSE BILL NO. 1758,

      SUBSTITUTE HOUSE BILL NO. 1769,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1775,

      SUBSTITUTE HOUSE BILL NO. 1788,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1791,

      HOUSE BILL NO. 1792,

      SUBSTITUTE HOUSE BILL NO. 1813,

      SECOND SUBSTITUTE HOUSE BILL NO. 1814,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1837,

      HOUSE BILL NO. 1843,

      HOUSE BILL NO. 1851,

      SUBSTITUTE HOUSE BILL NO. 1857,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1877,

      SUBSTITUTE HOUSE BILL NO. 1878,

      SUBSTITUTE HOUSE BILL NO. 1880,

      SECOND SUBSTITUTE HOUSE BILL NO. 1882,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1890,

      HOUSE BILL NO. 1891,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1903,

      SUBSTITUTE HOUSE BILL NO. 1910,

      SUBSTITUTE HOUSE BILL NO. 1911,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1913,

      HOUSE BILL NO. 1914,

      ENGROSSED HOUSE BILL NO. 1934,

      SUBSTITUTE HOUSE BILL NO. 1939,

      SUBSTITUTE HOUSE BILL NO. 1957,

      SUBSTITUTE HOUSE BILL NO. 1964,

      SUBSTITUTE HOUSE BILL NO. 1968,

      SUBSTITUTE HOUSE BILL NO. 1977,

      HOUSE BILL NO. 1991,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2009,

      HOUSE BILL NO. 2032,

      SUBSTITUTE HOUSE BILL NO. 2034,

      HOUSE BILL NO. 2039,

      SUBSTITUTE HOUSE BILL NO. 2042,

      HOUSE BILL NO. 2070,

      ENGROSSED HOUSE BILL NO. 2071,

      HOUSE BILL NO. 2072,

      HOUSE BILL NO. 2074,

      HOUSE BILL NO. 2082,

      HOUSE BILL NO. 2084,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2087,

      ENGROSSED HOUSE BILL NO. 2089,

      HOUSE JOINT MEMORIAL NO. 4000,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005,

      HOUSE JOINT MEMORIAL NO. 4009,

      HOUSE JOINT MEMORIAL NO. 4010,

      HOUSE JOINT MEMORIAL NO. 4013,

      HOUSE JOINT MEMORIAL NO. 4017,

      HOUSE JOINT MEMORIAL NO. 4018,

      HOUSE JOINT MEMORIAL NO. 4020,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4024,

      HOUSE JOINT MEMORIAL NO. 4027,

      HOUSE CONCURRENT RESOLUTION NO. 4406,

      HOUSE CONCURRENT RESOLUTION NO. 4407.



RETURN OF HOUSE BILLS TO THE HOUSE OF REPRESENTATIVES


      Under the provisions of Senate Concurrent Resolution No. 8410, the following House Bills were returned to the House of Representatives:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1006,

      HOUSE BILL NO. 1016,

      SUBSTITUTE HOUSE BILL NO. 1018,

      HOUSE BILL NO. 1049,

      SUBSTITUTE HOUSE BILL NO. 1057,

      SUBSTITUTE HOUSE BILL NO. 1071,

      SUBSTITUTE HOUSE BILL NO. 1082,

      SUBSTITUTE HOUSE BILL NO. 1091,

      HOUSE BILL NO. 1096,

      SUBSTITUTE HOUSE BILL NO. 1100,

      HOUSE BILL NO. 1104,

      SUBSTITUTE HOUSE BILL NO. 1133,

      SUBSTITUTE HOUSE BILL NO. 1183,

      SUBSTITUTE HOUSE BILL NO. 1185,

      HOUSE BILL NO. 1228,

      SUBSTITUTE HOUSE BILL NO. 1229,

      SUBSTITUTE HOUSE BILL NO. 1230,

      HOUSE BILL NO. 1302,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1357,

      SUBSTITUTE HOUSE BILL NO. 1446,

      SECOND SUBSTITUTE HOUSE BILL NO. 1539,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556,

      HOUSE BILL NO. 1601,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1604,

      SUBSTITUTE HOUSE BILL NO. 1643,

      SUBSTITUTE HOUSE BILL NO. 1645,

      HOUSE BILL NO. 1647,

      HOUSE BILL NO. 1712,

      SUBSTITUTE HOUSE BILL NO. 1776,

      SUBSTITUTE HOUSE BILL NO. 1802,

      SUBSTITUTE HOUSE BILL NO. 1818,

      ENGROSSED HOUSE BILL NO. 1835,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1860,

      SUBSTITUTE HOUSE BILL NO. 1862,

      SUBSTITUTE HOUSE BILL NO. 1921,

      SUBSTITUTE HOUSE BILL NO. 1938,

      SECOND SUBSTITUTE HOUSE BILL NO. 2004,

      HOUSE JOINT MEMORIAL NO. 4001,

      HOUSE JOINT MEMORIAL NO. 4003,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4012.


RETURN OF HOUSE BILLS TO THE HOUSE OF REPRESENTATIVES


      Under the provisions of Senate Concurrent Resolution No. 8410, the following House Bills were returned to the House of Representatives:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1070,

      SUBSTITUTE HOUSE BILL NO. 1129,

      HOUSE BILL NO. 1296,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1317,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1410,

      HOUSE BILL NO. 1436,

      SUBSTITUTE HOUSE BILL NO. 1630,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2010,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2080.


MESSAGES FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      Under the provisions of Senate Concurrent Resolution No. 8410, the House returned the following Senate Bills to the Senate:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5000,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5001,

      SUBSTITUTE SENATE BILL NO. 5002,

      SUBSTITUTE SENATE BILL NO. 5013,

      SUBSTITUTE SENATE BILL NO. 5021,

      SENATE BILL NO. 5030,

      SUBSTITUTE SENATE BILL NO. 5031,

      SENATE BILL NO. 5032,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5033,

      SENATE BILL NO. 5041,

      SENATE BILL NO. 5054,

      SENATE BILL NO. 5055,

      SENATE BILL NO. 5065,

      SUBSTITUTE SENATE BILL NO. 5066,

      ENGROSSED SENATE BILL NO. 5070,

      ENGROSSED SENATE BILL NO. 5074,

      SUBSTITUTE SENATE BILL NO. 5076,

      SECOND SUBSTITUTE SENATE BILL NO. 5082,

      SENATE BILL NO. 5091,

      SUBSTITUTE SENATE BILL NO. 5097,

      SUBSTITUTE SENATE BILL NO. 5103,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,

      SENATE BILL NO. 5124,

      SUBSTITUTE SENATE BILL NO. 5126,

      SENATE BILL NO. 5128,

      SENATE BILL NO. 5130,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5131,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5139,

      SUBSTITUTE SENATE BILL NO. 5140,

      SECOND SUBSTITUTE SENATE BILL NO. 5159,

      SUBSTITUTE SENATE BILL NO. 5167,

      SUBSTITUTE SENATE BILL NO. 5170,

      SENATE BILL NO. 5173,

      SUBSTITUTE SENATE BILL NO. 5175,

      SENATE BILL NO. 5176,

      ENGROSSED SENATE BILL NO. 5194,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5199,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5201,

      SENATE BILL NO. 5202,

      ENGROSSED SENATE BILL NO. 5204,

      SUBSTITUTE SENATE BILL NO. 5211,

      SUBSTITUTE SENATE BILL NO. 5207,

      SENATE BILL NO. 5208,

      ENGROSSED SENATE BILL NO. 5213,

      SECOND SUBSTITUTE SENATE BILL NO. 5216,

      SENATE BILL NO. 5229,

      SECOND SUBSTITUTE SENATE BILL NO. 5236,

      SENATE BILL NO. 5238,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5247,

      SENATE BILL NO. 5256,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5258,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5262,

      SENATE BILL NO. 5268,

      SENATE BILL NO. 5272,

      SENATE BILL NO. 5273,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5280,

      SUBSTITUTE SENATE BILL NO. 5281,

      SENATE BILL NO. 5286,

      SENATE BILL NO. 5291,

      SUBSTITUTE SENATE BILL NO. 5305,

      SENATE BILL NO. 5310,

      SUBSTITUTE SENATE BILL NO. 5322,

      SUBSTITUTE SENATE BILL NO. 5331,

      SUBSTITUTE SENATE BILL NO. 5336,

      SUBSTITUTE SENATE BILL NO. 5343,

      ENGROSSED SENATE BILL NO. 5344,

      SUBSTITUTE SENATE BILL NO. 5350,

      SUBSTITUTE SENATE BILL NO. 5359,

      ENGROSSED SENATE BILL NO. 5361,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5375,

      SUBSTITUTE SENATE BILL NO. 5377,

      SUBSTITUTE SENATE BILL NO. 5393,

      SUBSTITUTE SENATE BILL NO. 5404,

      SUBSTITUTE SENATE BILL NO. 5407,

      ENGROSSED SENATE BILL NO. 5409,

      SENATE BILL NO. 5429,

      SUBSTITUTE SENATE BILL NO. 5442,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5447,

      SUBSTITUTE SENATE BILL NO. 5449,

      SENATE BILL NO. 5465,

      SUBSTITUTE SENATE BILL NO. 5467,

      SUBSTITUTE SENATE BILL NO. 5469,

      SUBSTITUTE SENATE BILL NO. 5472,

      SENATE BILL NO. 5474,

      SECOND SUBSTITUTE SENATE BILL NO. 5476,

      SUBSTITUTE SENATE BILL NO. 5477,

      SENATE BILL NO. 5488,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5491,

      SECOND SUBSTITUTE SENATE BILL NO. 5497,

      SENATE BILL NO. 5500,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5502,

      SENATE BILL NO. 5510,

      SUBSTITUTE SENATE BILL NO. 5513,

      SUBSTITUTE SENATE BILL NO. 5521,

      SUBSTITUTE SENATE BILL NO. 5522,

      SENATE BILL NO. 5524,

      SENATE BILL NO. 5525,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5530,

      SENATE BILL NO. 5538,

      SUBSTITUTE SENATE BILL NO. 5540,

      SUBSTITUTE SENATE BILL NO. 5545,

      ENGROSSED SENATE BILL NO. 5546,

      SENATE BILL NO. 5548,

      ENGROSSED SENATE BILL NO. 5555,

      SUBSTITUTE SENATE BILL NO. 5556,

      SECOND SUBSTITUTE SENATE BILL NO. 5557,

      SUBSTITUTE SENATE BILL NO. 5568,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5576,

      SENATE BILL NO. 5581,

      SUBSTITUTE SENATE BILL NO. 5588,

      SENATE BILL NO. 5590,

      SUBSTITUTE SENATE BILL NO. 5591,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,

      SENATE BILL NO. 5614,

      SENATE BILL NO. 5615,

      SENATE BILL NO. 5626,

      SENATE BILL NO. 5627,

      SUBSTITUTE SENATE BILL NO. 5628,

      SENATE BILL NO. 5641,

      SENATE BILL NO. 5642,

      SUBSTITUTE SENATE BILL NO. 5644,

      SUBSTITUTE SENATE BILL NO. 5648,

      SUBSTITUTE SENATE BILL NO. 5669,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5690,

      ENGROSSED SENATE BILL NO. 5691,

      SENATE BILL NO. 5698,

      SENATE BILL NO. 5705,

      SUBSTITUTE SENATE BILL NO. 5725,

      SUBSTITUTE SENATE BILL NO. 5727,

      SUBSTITUTE SENATE BILL NO. 5743,

      SUBSTITUTE SENATE BILL NO. 5747,

      SENATE BILL NO. 5758,

      SENATE BILL NO. 5759,

      SENATE BILL NO. 5760,

      ENGROSSED SENATE BILL NO. 5768,



      SENATE BILL NO. 5787,

      SUBSTITUTE SENATE BILL NO. 5797,

      SENATE BILL NO. 5802,

      SUBSTITUTE SENATE BILL NO. 5818,

      SENATE BILL NO. 5819,

      SENATE BILL NO. 5824,

      SUBSTITUTE SENATE BILL NO. 5825,

      SENATE BILL NO. 5830,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5831,

      ENGROSSED SENATE BILL NO. 5837,

      ENGROSSED SENATE BILL NO. 5841,

      ENGROSSED SENATE BILL NO. 5852,

      SUBSTITUTE SENATE BILL NO. 5858,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5875,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,

      SENATE BILL NO. 5879,

      SUBSTITUTE SENATE BILL NO. 5884,

      SUBSTITUTE SENATE BILL NO. 5889,

      SUBSTITUTE SENATE BILL NO. 5899,

      SENATE BILL NO. 5900,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5901,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5916,

      ENGROSSED SENATE BILL NO. 5920,

      SUBSTITUTE SENATE BILL NO. 5947,

      SENATE BILL NO. 5986,

      SUBSTITUTE SENATE BILL NO. 5993,

      SUBSTITUTE SENATE BILL NO. 6000,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6009,

      SENATE BILL NO. 6020,

      ENGROSSED SENATE BILL NO. 6034,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6044,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6047,

      ENGROSSED SENATE JOINT MEMORIAL NO. 8000,

      SENATE JOINT MEMORIAL NO. 8001,

      SENATE JOINT MEMORIAL NO. 8017,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8020,

      SENATE CONCURRENT RESOLUTION NO. 8400,

      ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      Under the provisions of Senate Concurrent Resolution No. 8410, the House returned the following Senate Bills to the Senate:

      SUBSTITUTE SENATE BILL NO. 5024,

      SUBSTITUTE SENATE BILL NO. 5053,

      SUBSTITUTE SENATE BILL NO. 5431,

      SUBSTITUTE SENATE BILL NO. 5676,

      ENGROSSED SENATE CONCURRENT RESOLUTION NO. 8404, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      Under the provisions of Senate Concurrent Resolution No. 8410, the House returned the following Senate Bills to the Senate:

      SUBSTITUTE SENATE BILL NO. 5325,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5607, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      Under the provisions of Senate Concurrent Resolution No. 8410, the House returned the following Senate Bills to the Senate:

      SUBSTITUTE SENATE BILL NO. 5026,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6062, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk



MOTION


      On motion of Senator Spanel, Senate Concurrent Resolution No. 8406, which was on the second reading calendar, was referred to the Committee on Rules.


MOTION


      On motion of Senator Spanel, the following bills, which were on the third reading calendar, were referred to the Committee on Rules: Senate Bill No. 5025, Senate Bill No. 5087, Engrossed Senate Bill No. 5269, Substitute Senate Bill No. 5496, Senate Bill No. 5501, Substitute Senate Bill No. 5516, Engrossed Senate Bill No. 5529, Substitute Senate Bill No. 5653, Substitute Senate Bill No. 5680, Substitute Senate Bill No. 5739, Substitute Senate Bill No. 5757, Substitute Senate Bill No. 5773, Engrossed Substitute Senate Bill No. 5914, Engrossed Substitute Senate Bill No. 6049, Substitute Senate Joint Memorial No. 8019.


MESSAGES FROM THE HOUSE

April 23, 1995

MR. PRESIDENT:

      The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8409, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


April 23, 1995

MR. PRESIDENT:

      The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8410, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Spanel, the Senate Journal for the one hundred-fifth day of the 1995 Regular Session of the Fifty-fourth Legislature was approved.


MOTION


      At 12:08 a.m., on motion of Senator Spanel, the 1995 Regular Session of the Fifty-fourth Legislature adjourned Sine Die.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate