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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: