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FIFTY-THIRD DAY


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MORNING SESSION


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Senate Chamber, Olympia, Thursday, February 29, 1996

      The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Finkbeiner, Long, Loveland, Rasmussen, Rinehart and West. On motion of Senator Thibaudeau, Senators Loveland, Rasmussen and Rinehart were excused. On motion of Senator Anderson, Senators Cantu, Finkbeiner, Long and West were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Amber Cook and Megan McKibbins, presented the Colors. Elder James Erlandson of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, 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.


MESSAGE FROM THE HOUSE

February 28, 1996

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 1601,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2322,

      HOUSE BILL NO. 2392,

      HOUSE BILL NO. 2531,

      HOUSE BILL NO. 2691,

      SUBSTITUTE HOUSE BILL NO. 2733,

      HOUSE BILL NO. 2810, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO. 1601,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2322,

      HOUSE BILL NO. 2392,

      HOUSE BILL NO. 2531,

      HOUSE BILL NO. 2691,

      SUBSTITUTE HOUSE BILL NO. 2733,

      HOUSE BILL NO. 2810.


MOTION


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


SENATE RESOLUTION 1996-8698


By Senator Swecker


      WHEREAS, The Washington State Legislature recognizes excellence in all fields of human endeavor; and

      WHEREAS, The members of the Centralia High School Tigers Boys' Basketball Team were named the 1995-96 High School AA-Division Academic State Champions by the Washington Interscholastic Association; and

      WHEREAS, The individuals selected for special recognition as academic state champions have distinguished themselves as exceptional students and as talented athletes, maintaining a grade point average of 3.66; and

      WHEREAS, The Centralia High School Tigers Boys' Basketball Team consisting of Kevin Baird, Ben Danielson, Kyle Donahue, Kyle Fletcher, Dean Hull, Tyler Jeans, Bjorn Johnson, Eric Liseth, David Luond, Scott Peterson, and Ryan Stockdale, earned this honor while also achieving a respected 7-5 league record; and

      WHEREAS, The Centralia High School Tigers, under the leadership of Principal Ethel Clarke, Athletic Director Steve Sorenson, Coach Ron Brown and Assistant Coaches Larry Mollerstuen, Tim Gilmore and Mark Westley, have brought distinction and pride to Centralia High School, its students, its supporters, and the entire community;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and congratulate the 1995-96 Centralia High School Boys' Basketball Team for their hard work, dedication, and maturity in achieving this recognition; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the principal of Centralia High School, the coaching staff and each member of the 1995-96 Centralia High School Basketball Team.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Centralia High School Boys' Basketball Team and their coaches, who were seated in the gallery.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Sutherland, Gubernatorial Appointment No. 9057, Bob Royer, as a member of the Washington Public Power Supply System Executive Board of Directors, was confirmed.


APPOINTMENT OF BOB ROYER


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 42.

      Excused: Senators Cantu, Finkbeiner, Long, Loveland, Rasmussen, Rinehart and West - 7.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the 1996 Apple Blossom Royalty, the Queen, Jill Vanderhoff, and Princesses Allison Lynn and Sommer Lacy, who were seated on the rostrum. The President also introduced Senator George Sellar who accompanied the royalty to the rostrum.

      With permission of the Senate, business was suspended to permit Queen Jill to address the Senate and to listen to the song performed by the Apple Blossom Queen and the Princesses.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Sutherland, Gubernatorial Appointment No. 9084, Rudolph Bertschi, as a member of the Washington Public Power Supply System Executive Board of Directors, was confirmed.


APPOINTMENT OF RUDOLPH BERTSCHI


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

      Absent: Senator Snyder - 1.

      Excused: Senators Loveland, Rinehart and West - 3.


MOTION


      On motion of Senator Pelz, Gubernatorial Appointment No. 9196, Rachel Garson, as a member of the Lottery Commission, was confirmed.


APPOINTMENT OF RACHEL GARSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

      Absent: Senator Snyder - 1.

      Excused: Senators Loveland, Rinehart and West - 3.


MOTION


      On motion of Senator Thibaudeau, Senator Snyder was excused.


MOTION


      On motion of Senator Sellar, Gubernatorial Appointment No. 9216, Wilfred Woods, as a member of the Board of Trustees for Central Washington University, was confirmed.

      Senators Sellar and Wojahn spoke to the confirmation of Wilfred Woods as a member of the Board of Trustees for Central Washington University.


APPOINTMENT OF WILFRED WOODS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

      Absent: Senator Hargrove - 1.

      Excused: Senators Loveland, Rinehart, Snyder and West - 4.


MOTION


      On motion of Senator Hochstatter, Gubernatorial Appointment No. 9218, Frederic L. Glover, as a member of the Board of Trustees for Central Washington University, was confirmed.


APPOINTMENT OF FREDERIC L. GLOVER


      The Secretary called the roll. The appointment was confirmed 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Loveland, Rinehart, Snyder and West - 4.


MOTION


      On motion of Senator Deccio, Gubernatorial Appointment No. 9228, Douglas D. Peters, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was confirmed.


APPOINTMENT OF DOUGLAS D. PETERS


      The Secretary called the roll. The appointment was confirmed 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Loveland, Rinehart and Snyder - 3.


      There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1648 and the pending Committee on Labor, Commerce and Trade amendment on page 3, line 13, deferred February 28, 1996.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Anderson, the President finds that Engrossed Substitute House Bill No. 1648 is a measure which defines certain overpayments of workers' compensation and unemployment insurance benefits and creates a mechanism for those amounts to be deducted from workers' compensation benefits.

      "The Committee on Labor, Commerce and Trade amendment on page 3, line 13, would reduce the amount of the overpayment obligation by a proportion related to the attorney fees, if any, involved in obtaining the industrial insurance award.

      "The President, therefore, finds that the proposed committee amendment does not change the scope and object of the bill and the point of order is not well taken."


      The Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was ruled in order.


      The President declared the question before the Senate to be the adoption of the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648.

      Senator Pelz demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648.


ROLL CALL


      The Secretary called the roll and the committee amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 23.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.


NOTICE FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Pelz served notice that he would move to reconsider the vote by which the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was not adopted by the Senate.


MOTION


      On motion of Senator Spanel, further consideration of Engrossed Substitute House Bill No. 1648 was deferred.

      There being no objection, the President returned the Senate to the fourth order of business.


MESSAGES FROM THE HOUSE


February 23, 1996

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 6702, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6615,

      ENGROSSED SENATE BILL NO. 6635,

      ENGROSSED SENATE BILL NO. 6651,

      SUBSTITUTE SENATE BILL NO. 6694,

      SUBSTITUTE SENATE BILL NO. 6748, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6157,

      SUBSTITUTE SENATE BILL NO. 6188,

      SUBSTITUTE SENATE BILL NO. 6198,

      SENATE BILL NO. 6224,

      SENATE BILL NO. 6225,

      SENATE BILL NO. 6233,

      SUBSTITUTE SENATE BILL NO. 6236,

      SUBSTITUTE SENATE BILL NO. 6262,

      SENATE BILL NO. 6302,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6427,

      SENATE BILL NO. 6441,

      SUBSTITUTE SENATE BILL NO. 6466,

      SENATE BILL NO. 6482,

      SUBSTITUTE SENATE BILL NO. 6529,

      SUBSTITUTE SENATE BILL NO. 6572,

      SUBSTITUTE SENATE BILL NO. 6725, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6226,

      SUBSTITUTE SENATE BILL NO. 6279,

      SENATE BILL NO. 6294,

      SENATE BILL NO. 6305, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5050,

      SUBSTITUTE SENATE BILL NO. 5140,

      SUBSTITUTE SENATE BILL NO. 5522,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,

      SECOND SUBSTITUTE SENATE BILL NO. 5757,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6093,

      SUBSTITUTE SENATE BILL NO. 6101,

      SUBSTITUTE SENATE BILL NO. 6113,

      SENATE BILL NO. 6115,

      SUBSTITUTE SENATE BILL NO. 6150,

      SENATE BILL NO. 6167,

      SENATE BILL NO. 6181,

      SENATE BILL NO. 6216,

      SUBSTITUTE SENATE BILL NO. 6237,

      SUBSTITUTE SENATE BILL NO. 6263,

      SUBSTITUTE SENATE BILL NO. 6271,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6398,

      SENATE BILL NO. 6414,

      SENATE BILL NO. 6467,

      SUBSTITUTE SENATE BILL NO. 6487,

      SENATE BILL NO. 6489,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6554,

      SUBSTITUTE SENATE BILL NO. 6579,

      ENGROSSED SENATE BILL NO. 6631,

      SENATE JOINT MEMORIAL NO. 8023, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      President signed:

      SENATE BILL NO. 6157,

      SUBSTITUTE SENATE BILL NO. 6188,

      SUBSTITUTE SENATE BILL NO. 6198,

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6224,

      SENATE BILL NO. 6225,

      SENATE BILL NO. 6226,

      SENATE BILL NO. 6233,

      SUBSTITUTE SENATE BILL NO. 6236,

      SUBSTITUTE SENATE BILL NO. 6262,

      SUBSTITUTE SENATE BILL NO. 6279,

      SENATE BILL NO. 6294,

      SENATE BILL NO. 6302,

      SENATE BILL NO. 6305,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6427,

      SENATE BILL NO. 6441,

      SUBSTITUTE SENATE BILL NO. 6466,

      SENATE BILL NO. 6482,

      SUBSTITUTE SENATE BILL NO. 6529,

      SUBSTITUTE SENATE BILL NO. 6572,

      SENATE BILL NO. 6615,

      ENGROSSED SENATE BILL NO. 6635,

      ENGROSSED SENATE BILL NO. 6651,

      SUBSTITUTE SENATE BILL NO. 6694,

      ENGROSSED SENATE BILL NO. 6702,

      SUBSTITUTE SENATE BILL NO. 6725,

      SUBSTITUTE SENATE BILL NO. 6748.


MOTION


      At 9:53 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 12:03 p.m. by President Pritchard.


MOTION


      At 12:03 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.


      The Senate was called to order at 1:09 p.m. by President Pritchard.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9175, Kevin M. Hughes, as a member of the Housing Finance Commission, was confirmed.


MOTIONS


      On motion of Senator Anderson, Senators Cantu, Deccio, McCaslin, Swecker, West and Wood were excused.

      On motion of Senator Thibaudeau, Senators Loveland, Rinehart, Smith and Snyder were excused.


APPOINTMENT OF KEVIN M. HUGHES


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Strannigan, Sutherland, Thibaudeau, Winsley, Wojahn and Zarelli - 37.

      Absent: Senators Hale and Owen - 2.

      Excused: Senators Cantu, Deccio, Loveland, McCaslin, Rinehart, Smith, Snyder, Swecker, West and Wood - 10.


MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9177, Ron Forest, as a member of the Housing Finance Commission, was confirmed.


MOTION


      On motion of Senator Anderson, Senator Hale was excused.


APPOINTMENT OF RON FOREST


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Wojahn and Zarelli - 37.

      Absent: Senators Goings and Winsley - 2.

      Excused: Senators Cantu, Deccio, Hale, Loveland, McCaslin, Rinehart, Smith, Snyder, West and Wood - 10.


MOTION


      On motion of Senator Sheldon, Senator Haugen was excused.


SECOND READING


      SENATE BILL NO. 6767, by Senators Rinehart and West

 

Establishing procedures for compensation modifications for state employees under chapter 41.06 RCW.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6767 was substituted for Senate Bill No. 6767 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 6767 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 Substitute Senate Bill No. 6767.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6767 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Excused: Senators Cantu, Haugen, Loveland, McCaslin, Rinehart and Snyder - 6.

      SUBSTITUTE SENATE BILL NO. 6767, 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 READING


      SENATE BILL NO. 6769, by Senators Rinehart, West and Winsley

 

Limiting eligibility for general assistance.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6769 was substituted for Senate Bill No. 6769 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6769 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 Substitute Senate Bill No. 6769.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6769 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Excused: Senators Cantu, Haugen, Loveland, McCaslin, Rinehart and Snyder - 6.

      SUBSTITUTE SENATE BILL NO. 6769, 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 READING


      SENATE BILL NO. 6774, by Senators Drew, Hargrove, Oke, Snyder, Rinehart, Loveland, McDonald, Spanel and Fraser

 

Establishing clear guidelines for the trust land transfer program.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6774 was substituted for Senate Bill No. 6774 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Wojahn, the following amendments by Senators Wojahn, Rasmussen, Drew, Oke and Franklin were considered simultaneously and were adopted:

      On page 1, beginning on line 5, after "for the trust land transfer program" insert ", including transfers of land held in trust for charitable, educational, penal, and reformatory purposes"

      On page 4, line 20, after "8." insert "(1)"

      On page 4, after line 25, insert the following:

      "(2) The approximately five hundred seventy-five acres of the greater Western state hospital campus not a part of the central institutional campus shall be managed as a part of the charitable, educational, penal, and reformatory institution account. No transfer of any or all of such property shall be accomplished except in compliance with the procedures of this chapter, and specific submittal to the legislature as required by this section."


MOTIONS


      On motion of Senator Drew, the following amendments by Senators Drew and Hargrove were considered simultaneously and were adopted:

      On page 1, line 7, after "into the" strike "public" and insert "common"

      On page 1, line 8, after "construction" insert "revolving"

      On page 1, line 16, after "into the" strike all material through "replacement" and insert "common school construction revolving"

      On motion of Senator Drew, the following amendment by Senators Drew and Hargrove was adopted:

      On page 2, beginning on line 19, after "(a)" strike all material through "considerations" on line 20, and insert "That the cumulative financial costs of harvesting exceed the projected full stumpage of the timber"


MOTION


      On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 6774 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6774.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6774 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 0; Excused, 4.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40.

      Voting nay: Senators Anderson, A., Morton, Newhouse, Prince and Schow - 5.

      Excused: Senators Haugen, Loveland, McCaslin and Rinehart - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6774, 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 READING


      SENATE BILL NO. 6776, by Senators Owen and Prince

 

Authorizing emergency grants to flood-damaged short-line or light-density railroads.


      The bill was read the second time.

MOTIONS


      On motion of Senator Owen, the following Committee on Transportation amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that damage to light-density rail lines caused by recent flooding threatens public safety and the economic survival of several rail lines in the state. Therefore, the legislature intends to make an emergency exception to its policy of providing only loans to privately held rail lines. It is the further intent of the legislature that once the damages caused by the recent flooding have been sufficiently mitigated to restore these rail lines to safe operation, this emergency exception expires.

      Sec. 2. RCW 47.76.250 and 1995 c 380 s 6 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 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 loading facilities to increase business on light density lines or to mitigate the impacts of abandonment;

      (e) Preservation, including operation, of 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.

      (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.

      (6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter.

      (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.

      (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 [extent])) extent practicable.

      (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.

      (10) The state shall maintain a contingent interest in 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. Except as provided by section 3 of this act, for improvements on or to privately owned railroads, railroad property, or other private property, moneys distributed shall be provided solely as loans.

      NEW SECTION. Sec. 3. The department of transportation may, for the period ending December 31, 1996, provide financial grants to short-line or light-density railroads to repair damages and to restore lines disrupted by storms and subsequent floods that occurred in February 1996.

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

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

      On line 2 of the title, after "railroads;" strike the remainder of the title and insert "amending RCW 47.76.250; creating new sections; and declaring an emergency."


MOTION


      On motion of Senator Owen, the rules were suspended, Engrossed Senate Bill No. 6776 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Anderson, Senator Johnson was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6776.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6776 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, Goings, Hale, Hargrove, Heavey, Hochstatter, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Haugen, Johnson, Loveland and Rinehart - 4.

      ENGROSSED SENATE BILL NO. 6776, 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 READING


      ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Lambert, Mielke, Van Luven, Elliot, Schoesler, D. Schmidt, Sherstad, Huff, Buck, Clements, McMorris, Johnson, Blanton, Hickel, Boldt, Backlund, Mulliken, Robertson, Goldsmith, L. Thomas, McMahan, Talcott, Cairnes, Thompson, Beeksma, Benton, Foreman, Sehlin, Sheahan and Mitchell)

 

Requiring AFDC contracts and making additional changes in public assistance laws.


      The bill was read the second time.


MOTIONS


      Senator Quigley moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:


"MAKING WELFARE WORK


      NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflect the values of mainstream American culture, specifically the importance of work, responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

      Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children or applicant for assistance programs, to require every able-bodied citizen on aid to families with dependent children or applicant for assistance to engage in paid or unpaid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.


PART I. TARGET GROUPS


      NEW SECTION. Sec. 101. A new section is added to chapter 74.12 RCW to read as follows:

      TARGET GROUP CONTRACTS. The department shall assess each applicant approved for assistance, and, within twelve months of the effective date of this section, all recipients based upon age, employment history, and condition of disability, and shall target assistance based upon factors set forth in chapter . . ., Laws of 1996 (this act). The department shall include, as part of the information required of the individual assessed, the number of hours of paid employment performed in the twelve months before applying for assistance and the hourly rate of pay. The department shall use this information in order to select the appropriate target group for the individual assessed.


A. JOB-READY TARGET GROUP


      NEW SECTION. Sec. 102. A new section is added to chapter 74.12 RCW to read as follows:

      JOB-READY TARGET GROUP. All applicants approved for assistance who are age eighteen or older and whose recent work experience was at the hourly rate of six dollars and fifty cents or more shall be entitled to grant assistance if they engage in an intensive self-determined job search, and shall be given referrals to appropriate state and local job search resources. All applicants for aid to families with dependent children-employable, and within twelve months all recipients of aid to families with the dependent children-employable, shall be included in the job-ready target group. Recipients in this target group shall inform the department when they become employed, and shall be eligible for a period of child care and medical benefits. They shall not be eligible for participation in welfare-to-work pilot projects. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children recipients, as studies have demonstrated that job-ready individuals leave aid to families with dependent children programs quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any recipients in this group who do not have paid employment within six months of beginning to receive benefits shall contract for participation in the job preparation target group as a condition of continued benefit receipt.


B. JOB PREPARATION TARGET GROUP


      NEW SECTION. Sec. 103. A new section is added to chapter 74.12 RCW to read as follows:

      JOB PREPARATION TARGET GROUP. All applicants approved for assistance and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for six months without obtaining employment, shall contract with the department for participation in at least one of the alternate welfare-to-work programs provided for the job preparation target group. This group shall be required, as a condition of benefit receipt, to enroll in at least one of the following:

      (1) The tax incentive partnership program under chapters 74.-- and 82.-- RCW (sections 206 through 208 and 203 through 205 of this act, respectively);

      (2) Any available public or approved private welfare-to-work program, under contract with the department; or

      (3) The job opportunities and basic skills training program.


C. TEEN PARENT TARGET GROUP


      NEW SECTION. Sec. 104. A new section is added to chapter 74.12 RCW to read as follows:

      TEEN PARENT TARGET GROUP. All applicants under the age of eighteen years who are approved for assistance and, within twelve months of the effective date of this section, all recipients who are under the age of eighteen and are unmarried shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED, and live in a supervised setting, as provided in RCW 74.12.255 or section 301 of this act. Applicants under the age of eighteen years are not subject to the sixty-month limitation in section 401 of this act.

      Sec. 105. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

      (1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant approved for assistance, and within twelve months of the effective date of this section in consultation with the recipient, the most appropriate living situation for ((applicants)) those under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's or recipient's care. Appropriate living ((situations shall include a)) situation means the place of residence maintained by the approved applicant's, and within twelve months of the effective date of this section, the recipient's parent, legal guardian, or other adult relative as their own home, or ((other)) if the department determines that living situation to be abusive or neglectful under chapter 26.44 RCW, another appropriate supportive living arrangement supervised by an adult ((where feasible)), with first preference to an approved group home where available, and consistent with federal regulations ((under 45 C.F.R. chapter II, section 233.107)).

      (2) An applicant approved for assistance, and within twelve months of the effective date of this section, a recipient, under eighteen years of age who is either pregnant or has a dependent child ((and is not living in a situation described in subsection (1) of this section)) shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and((, unless the teenage custodial parent demonstrates otherwise,)) shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

      (3) The department shall consider any statements or opinions by either parent of the teen ((recipient)) as to an appropriate living situation for the teen, whether in the parental home or other situation. If the parents of the teen ((head of household applicant for assistance)) request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen ((applicant for assistance)).

      The parents of the teen shall have the opportunity to make a showing, based on the preponderance of the evidence, that ((the parental)) their home is the most appropriate living situation.

      (4) To encourage adoption, in cases in which the ((head of household)) teen parent is under eighteen years of age((,)) and unmarried, ((unemployed, and requests information on adoption,)) the department shall((, as part of the determination of the appropriate living situation,)) provide information about adoption including referral to community-based organizations for counseling.

      (5) As a condition of receiving aid to families with dependent children, an unmarried pregnant or parenting applicant approved for assistance and, within twelve months of the effective date of this section, an unmarried pregnant or parenting recipient under the age of eighteen shall be required to reside in an appropriate living situation as determined according to this section and to actively progress toward a high school diploma or a GED unless certified by a health care provider licensed under chapter 18.71 or 18.83 RCW to be unable to complete such education, whereupon the department shall facilitate his or her application for supplemental security income.


PART II. WELFARE-TO-WORK PROGRAMS

A. GENERAL REQUIREMENTS AND MANDATORY JOBS


      Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

      The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist recipients under chapter 74.04 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

      (1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient. It is in this way that the material needs of children can best be met. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

      (2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) a requirement of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

      (3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

      (4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.

      (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

      (6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is through employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop financial incentives for employers to hire recipients.

      (7) All participants in the job opportunities and basic skills training program shall, within thirty days of approval of assistance for aid to families with dependent children, or in the case of recipients, within thirty days of assessment, sign a written employment development contract of mutual responsibility with the department, or be ineligible for financial assistance from the department until the contract which shall be developed with the full involvement of the participant, is signed.

      (a) The contract shall set forth the responsibilities of and expectations for the program participants and responsibilities and obligation of the department, including services to be provided to the participating family. The contract shall identify specific employment, training, education, community volunteer experiences, including participation in the community volunteer program set forth in section 209 of this act, or support activities that will direct a participant toward gainful employment and eventually self-sufficiency. The contract shall be in a format developed for state-wide use and shall clearly state each of the requirements and responsibilities set forth in section 401 of this act.

      (b) The department shall review the employment development contract of mutual responsibility every six months and assess the participant's progress. Except for sanctions in situations specified in section 401 of this act, the department shall reduce aid to families with dependent children benefits by thirty-three percent every month for which the recipient is found to be out of compliance with the contract.

      (8) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

      Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

      (1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

      (2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

      (3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

      (4))) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.


B. TAX INCENTIVE PROGRAM


      NEW SECTION. Sec. 203. (1) An employer shall be allowed a credit against tax due under chapter 82.04 or 82.16 RCW of an amount equal to one hundred twenty percent of the payment made by the employer, to a qualified training institution under a training plan for training a qualified employee, subject to the limitations set forth in this section. An employer may not receive a credit for the same amounts under both chapters 82.04 and 82.16 RCW.

      (2) A person claiming the credit shall file an affidavit form prescribed by the department, which shall include the amount of the credit claimed and additional information as the department may require.

      (3)(a) The tax credit in respect to any qualified employee may not in a calendar year exceed:

      (i) The lesser of twelve percent of the qualified employee's gross annual wages or one thousand two hundred dollars in the case of a category 1 qualified employee;

      (ii) The lesser of twenty-four percent of the qualified employee's gross annual wages or two thousand four hundred dollars, in the case of a category 2 qualified employee; or

      (iii) The lesser of thirty-six percent of the qualified employee's gross annual wages or three thousand six hundred dollars in the case of a category 3 qualified employee.

      (b) The department of revenue shall, by December 1, 1997, for calendar year 1998, and by December 1st of each year thereafter for the following year, adjust the payment maximums under this subsection (3) to reflect inflation, using the previous calendar year's limit as the base amount to be adjusted. In making adjustments for inflation, the department shall rely on the Consumer Price Index--Seattle, Washington area for urban wage earners and clerical workers, compiled by the Bureau of Labor Statistics, United States Department of Labor. The department shall publish the new payment maximums which shall become effective January 1st of the year following.

      (4) The credit in respect to any qualified employee may not be taken:

      (a) For more than one year of training in the case of a category 1 qualified employee; or

      (b) For more than two years of training in the case of a category 2 or category 3 qualified employee.

      (5) The credit shall be taken against taxes due for the same calendar year in which the payment is made to the qualified training institution and must be claimed by the due date of the last tax return for the calendar year in which the payment is made to the qualified training institution.

      (6) If the business, firm, or entity having a right to the tax credit is sold, assigned, conveyed, or otherwise transferred, the successor employer shall be allowed the credit. Unless the training plan provides to the contrary, the successor employer shall be allowed tax credits to the same extent as the previous employer.

      (7) Total credits allowed to all employers claiming credits may not exceed four million three hundred thousand for the biennium ending June 30, 1997, and fifteen million dollars in any biennium thereafter.

      (8) This section shall expire December 31, 2004.

      NEW SECTION. Sec. 204. The definitions in this section apply throughout this chapter and sections 206 through 208 of this act, unless the context indicates otherwise.

      (1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee paid by an employer claiming the credit under this section during the calendar year for which the credit is claimed.

      (2) "Qualified employee" and "category 1, 2, or 3 qualified employee" means an applicant for or recipient of aid to families with dependent children certified as such by the department of social and health services who is hired before June 30, 2001. "Qualified employee" does not include any person hired by an employer to replace strikers or locked-out workers.

      (3) "Qualified training institution" means a community or technical college, four-year college or university, a private vocational school licensed by the work force training and education coordinating board or approved by the higher education coordinating board, apprenticeship programs recognized by the Washington state apprenticeship and training council, or a private industry council that has entered into a training plan that provides for the training of a qualified employee of a person claiming the credit under this section.

      (4) "Employer" means person or business as defined by RCW 82.04.030.

      (5) "Training plan" means a written agreement, signed by a qualified employee, a union or other employee bargaining representative if the position is covered by a collective bargaining agreement, a qualified training institution, the department of social and health services or a designee of the department, and an employer, which specifies the amount that the employer will pay the qualified training institution for training and related costs for the qualified employee, the learning objectives intended to be achieved by the training, and a statement of progressively increasing scale of wages to be paid to the employee during the training plan period, ending in a wage scale that exceeds federal poverty levels for a family of three.

      NEW SECTION. Sec. 205. Chapter 82.32 RCW applies to the administration of this chapter.

      NEW SECTION. Sec. 206. (1) The tax incentive program is hereby established. The department of social and health services is authorized to enter into training plans. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:

      (a) Designation of three categories of eligible aid to families with dependent children recipients from within the job preparation target group in chapter 74.12 RCW. The department of social and health services shall by rule establish criteria for assigning recipients into categories 1, 2, and 3. In establishing the criteria, the department shall consider the degree of work experience, training, wage and employment history, and education, category 1 representing recipients with the highest degree of job readiness.

      (b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants.

      (c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employers' employees may participate in the program, except businesses with fewer than five employees may have one employee participate.

      (d) A requirement that the employer participate in the earned income tax credit program, assisting each employee to obtain the earned income tax credit monthly.

      (e) Standards regarding length and learning objectives of training plans, requiring the training institution to design the plan length and learning objectives so that it meets accepted training standards for that industry or profession. Training plans may not exceed two years.

      (2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this chapter. The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.

      (3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits under sections 203 through 205 of this act does not exceed fifteen million dollars in any biennium. The department shall enter into contracts with employers on a first-come, first-serve basis. The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in such amount exceeding fifteen million dollars during a biennium.

      (4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent available under section 203(1) of this act shall be given priority in selection and placement of qualified employees.

      NEW SECTION. Sec. 207. The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.

      NEW SECTION. Sec. 208. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.

      (2) If the program under chapter . . ., Laws of 1996 (this act) is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination under sections 203 through 205 of this act shall receive such credits, subject to the limitations in section 203(7) of this act.



C. COMMUNITY SERVICE


      NEW SECTION. Sec. 209. A new section is added to chapter 74.12 RCW to read as follows:

      COMMUNITY VOLUNTEER PROGRAM. The recipient in a community volunteer program shall locate a community volunteer experience with any willing public or private organization and provide documentation to the department of his or her participation on forms established in rule by the department and signed by the recipient under penalty of perjury. Compliance shall be subject to random checks by the department.


PART III. TEEN PARENT PROGRAM


      NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

      TEEN GROUP HOMES. (1) The department shall contract with public or private providers to establish teen group homes as an alternative living situation for recipients under eighteen years of age for whom it is unsafe to live with their parent or parents. According to the provisions of RCW 26.44.040, the department shall refer to local prosecution any parental home where abuse or neglect is suspected.

      (2) In teen group homes, the cash grant for each resident teen parent's assistance unit, as well as the food stamp allocation and any other portion of any aid to families with dependent children benefit accruing to the teen recipient shall be pooled, and under the control of the home administrator, for the benefit of the teen parents and their children, and shall not be given directly to the teen parent.

      (3) Each teen parent living in the teen group home shall be given the following case-managed services: Parenting education, maternal and child nutritional education, tutoring to aid in the completion of high school or a GED, money management, anger management, and substance abuse treatment, including treatment for tobacco addiction, where appropriate.

      (4) Teen parents living in teen group homes shall, as a condition of receiving benefits, progress toward completion of educational requirements, help with household tasks at the home, attend and participate in instruction provided for teen parents in residence, and abide by house rules.

      (5) House rules shall be established by each teen group home, and may include a requirement that no unsupervised male visitors be allowed, that a curfew be established, and that an equitable system of shared child care responsibilities be provided to accommodate school and work attendance for teen parents.

      (6) The department shall assure the teen parent and dependents in his or her assistance unit of the following: Adequate housing and nutrition, medical care, tutoring toward completion of educational requirements, and at least the minimal additional instruction and case-managed care as provided for in this section.

PART IV. REQUIREMENTS AND RESPONSIBILITIES


      NEW SECTION. Sec. 401. A new section is added to chapter 74.12 RCW to read as follows:

      (1) At the end of a recipient's welfare-to-work program under a contract entered into under section 103 of this act, which shall not exceed two years, the recipient shall engage in a job search of up to six months. At the end of this job search period, grant assistance shall be reduced by twenty percent every six months. Except as provided in this subsection, a recipient's months on grant assistance may not exceed a lifetime limit of sixty months.

      (a) Time limits shall be tolled in the event of:

      (i) A medically certified temporary illness or disability of the recipient, including temporary mental or physical disability occurring as a result of domestic violence against the recipient;

      (ii) The unavailability of appropriate care for a chronically ill or disabled family member living in the home of the recipient; or

      (iii) If child care is not available for a period of time.

      (b) A recipient may extend full benefits including child care and medical assistance and delay reduction of benefits for a period of an additional two years by participating at least one hundred hours per month in the community volunteer program under section 209 of this act.

      (c) For purposes of calculating the months on grant assistance under this subsection (1), only months on grant assistance after the recipient has reached his or her eighteenth birthday shall be included in the calculation.

      (2) Except where otherwise specified, persons receiving aid to families with dependent children shall be exempt from participation in a job-ready or job preparation target group or a welfare-to-work program:

      (a) If there is a child under three years of age within ten months of application, living in the home;

      (b) For a period of twelve weeks after the birth of any child born more than ten months from the date of application; 

      (c) If the recipient is a caretaker of a dependent child and is disabled, including a learning disability as defined in section 601(1)(f) of this act; or

      (d) If the average state unemployment rate is eight percent or more, as determined by the employment security department. The time limit shall be extended for any six-month period preceded by a fifty-two week moving average unemployment rate of eight percent or more, provided the recipient performs community service during the six months.

      (3) The department, working with the department of revenue, shall encourage employers of recipients to use a month-to-month pass-through of the federal earned income tax credit. The department shall facilitate application for such tax credit in all cases where recipients report earned income.

      (4) To the extent that resources are available, the department shall provide transitional child care for up to twenty-four months, in accordance with federal requirements, to individuals who have completed their welfare-to-work program or obtained employment.

      (5) The department has the responsibility of supplying child care to participants who have contracted for welfare-to-work or other programs under chapter . . ., Laws of 1996 (this act).

      (6) The department shall provide child care assistance to public assistance recipients requesting such assistance, to enable them to participate in employment, or in approved welfare-to-work employment and training programs.

      (7) The department shall provide transitional child care subsidies for a period of twelve months following the last month of grant assistance, for persons who leave public assistance due to earnings or receipt of child support, and, within available funds, upon request of the recipient, an additional twelve-month period.

      (8) The department shall provide, upon request of a low-income worker, and within available funds, employment child care subsidies for low-income workers who do not receive public assistance payments.

      (9) When the participant is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the participant's twelve-month transitional benefit period for medical assistance benefits, the department shall enroll the participant in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the participant's premium, and enroll the participant's eligible children in medical assistance. Regardless of the participant's earned income, state payment of the unsubsidized portion of the participant's premium shall terminate after twelve months.

      (10) The department shall seek any waivers needed from the federal government to implement this section.

      (11) The department shall report to appropriate committees in both houses of the legislature if it discovers that participation in welfare-to-work programs is about to cause clients to be placed on waiting lists for programs or services required under this chapter.

      NEW SECTION. Sec. 402. The time limits on public assistance in section 401 of this act and the general requirements to participate in job search and training in section 201 of this act do not apply in situations where there is no parent residing in the child's home and the child is residing with a relative of specified degree.

PART V. CHILD SUPPORT ENHANCEMENT

A. LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT


      NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension.

      In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.

      NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:

      (1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

      (a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized by Title 18 RCW to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

      (b) "Noncompliance with a child support order" means a responsible parent has:

      (i) Accumulated arrears totaling more than six months of child support payments;

      (ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

      (iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

      (c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

      (d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

      (e) "Noncomplying custodial parent" means a parent who has custody of the children in a family where the court has ordered visitation rights for the noncustodial parent, and the custodial parent has not complied with the visitation order.

      (f) "Noncompliance with a visitation order" means the documented failure of a custodial parent to follow the terms of a court-ordered visitation plan.

      (2) Upon notice and motion, a noncustodial parent who has a court-ordered child visitation plan may seek judicial suspension of the driver's business, occupational, or professional licenses cited in sections 509 through 537 of this act, where the licensee is a noncomplying custodial parent.

      (3) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be made by personal service. If, after reasonable diligence, personal service has not been possible, service shall be by certified mail, return receipt requested.

      (4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

      (a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order;

      (b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

      (c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

      (d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

      (e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

      (f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend the parent's license and the department of licensing will suspend any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

      (g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

      (h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court may, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

      (i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

      (5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (3) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order and whether the responsible parent is in compliance with the order.

      (6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

      (7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall make good faith efforts to establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department shall proceed with certification of noncompliance.

      (8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

      (9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

      (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (3) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

      (b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order;

      (c) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the arrears; or

      (d) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

      The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

      (10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

      (11) When a responsible parent who is served notice under subsection (3) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

      (12) The department may adopt rules to implement and enforce the requirements of this section.

      (13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the arrears, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

      (14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

      NEW SECTION. Sec. 503. A new section is added to chapter 74.20A RCW to read as follows:

      (1) The department of social and health services and all of the various licensing entities subject to section 502 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 502 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

      (2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 502 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 502 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

      (a) Name;

      (b) Date of birth;

      (c) Address of record;

      (d) Federal employer identification number or social security number;

      (e) Type of license;

      (f) Effective date of license or renewal;

      (g) Expiration date of license; and

      (h) Active or inactive status.

      NEW SECTION. Sec. 504. A new section is added to chapter 74.20A RCW to read as follows:

      In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 502 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

      (1) The number of responsible parents identified as licensees subject to section 502 of this act;

      (2) The number of responsible parents identified by the department as not in compliance with a child support order;

      (3) The number of notices of noncompliance served upon responsible parents by the department;

      (4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

      (5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

      (6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

      (7) The costs incurred in the implementation and enforcement of section 502 of this act and an estimate of the amount of child support collected due to the departments under section 502 of this act;

      (8) Any other information regarding this program that the department feels will assist in evaluation of the program;

      (9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

      (10) Any recommendations for statutory changes necessary for the cost-effective management of the program.

      Sec. 505. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

      The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

      (1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

      (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

      (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

      (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

      (5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

      (6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

      (7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.

      Sec. 506. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

      (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

      (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

      (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.

      NEW SECTION. Sec. 507. A new section is added to chapter 48.22 RCW to read as follows:

      A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW.

      NEW SECTION. Sec. 508. A new section is added to chapter 2.48 RCW to read as follows:

      ATTORNEYS. Any member of the Washington state bar association who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act shall be immediately suspended from membership. Membership shall not be reinstated until the person provides the Washington state bar association a written release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for membership during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the association may impose.

      NEW SECTION. Sec. 509. A new section is added to chapter 18.04 RCW to read as follows:

      ACCOUNTANTS. The board shall immediately suspend the certificate or license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order.

      Sec. 510. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

      ACCOUNTANTS. (1) Upon application in writing and after hearing pursuant to notice, the board may:

      (((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

      (((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

      (2) In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      NEW SECTION. Sec. 511. A new section is added to chapter 18.08 RCW to read as follows:

      ARCHITECTS. The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      Sec. 512. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

      AUCTIONEERS. (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

      (2) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

      (a) Misrepresentation or concealment of material facts in obtaining a license;

      (b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

      (c) Revocation of a license by another state;

      (d) Misleading or false advertising;

      (e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

      (f) Failure to cooperate with the department in any investigation or disciplinary action;

      (g) Nonpayment of an administrative fine prior to renewal of a license;

      (h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

      (i) Any other violations of this chapter.

      (3) The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      NEW SECTION. Sec. 513. A new section is added to chapter 18.16 RCW to read as follows:

      COSMETOLOGISTS, BARBERS, AND MANICURISTS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      NEW SECTION. Sec. 514. A new section is added to chapter 18.20 RCW to read as follows:

      BOARDING HOMES. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      Sec. 515. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

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

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

      (a) One year;

      (b) Until the bond expires; or

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

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

      (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

      (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services stating that he or she is in compliance with the child support order and the person has continued to meet all other requirements for certification during the suspension.

      NEW SECTION. Sec. 516. A new section is added to chapter 18.28 RCW to read as follows:

      DEBT ADJUSTERS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      Sec. 517. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

      EMBALMERS AND FUNERAL DIRECTORS. The director shall have the following powers and duties:

      (1) To issue all licenses provided for under this chapter;

      (2) To annually renew licenses under this chapter;

      (3) To collect all fees prescribed and required under this chapter; ((and))

      (4) To immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order; and

      (5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.

      NEW SECTION. Sec. 518. A new section is added to chapter 18.39 RCW to read as follows:

      EMBALMERS AND FUNERAL DIRECTORS. In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      NEW SECTION. Sec. 519. A new section is added to chapter 18.43 RCW to read as follows:

      ENGINEERS AND LAND SURVEYORS. The board shall immediately suspend the registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 520. A new section is added to chapter 18.44 RCW to read as follows:

      ESCROW AGENTS. The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 521. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

      MATERNITY HOMES. The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

      The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

      NEW SECTION. Sec. 522. A new section is added to chapter 18.51 RCW to read as follows:

      NURSING HOME OPERATORS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 523. A new section is added to chapter 18.76 RCW to read as follows:

      POISON CENTER MEDICAL DIRECTOR/POISON INFORMATION SPECIALISTS. The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 524. A new section is added to chapter 18.85 RCW to read as follows:

      REAL ESTATE BROKERS AND SALESPERSONS. The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 525. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

      LANDSCAPE ARCHITECTS. (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

      (((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

      (((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

      (((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

      (((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

      (2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 526. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

      WATER WELL CONSTRUCTION. (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

      (((1))) (a) For fraud or deception in obtaining the license;

      (((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

      (((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

      (2) The director shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      (3) No license shall be suspended for more than six months, except that a suspension under section 502 of this act shall continue until the department receives a written release issued by the department of social and health services stating that the person is in compliance with the order.

      (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

      NEW SECTION. Sec. 527. A new section is added to chapter 18.106 RCW to read as follows:

      PLUMBERS. The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 528. A new section is added to chapter 18.130 RCW to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. The disciplining authority shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.

      Sec. 529. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. The disciplining authority has the following authority:

      (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

      (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

      (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

      (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

      (5) To compel attendance of witnesses at hearings;

      (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

      (7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

      (8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

      (9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

      (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

      (11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

      (12) To adopt standards of professional conduct or practice;

      (13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

      (14) To designate individuals authorized to sign subpoenas and statements of charges;

      (15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

      (16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

      (17) To immediately suspend licenses of persons who have been certified by the department of social and health services as not in compliance with a child support order as provided in section 502 of this act.

      Sec. 530. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

      A person whose license has been suspended for noncompliance with a child support order under section 502 of this act may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services stating that the person is in compliance with the child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.

      NEW SECTION. Sec. 531. A new section is added to chapter 18.140 RCW to read as follows:

      CERTIFIED REAL ESTATE APPRAISERS. The department shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 532. A new section is added to chapter 18.145 RCW to read as follows:

      SHORTHAND REPORTERS. The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 533. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

      FIRE SPRINKLER SYSTEM CONTRACTORS. (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

      (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

      (b) Conviction of a felony;

      (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;

      (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

      (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

      (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

      (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

      (3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.

      NEW SECTION. Sec. 534. A new section is added to chapter 18.165 RCW to read as follows:

      PRIVATE DETECTIVES. The department shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 535. A new section is added to chapter 18.170 RCW to read as follows:

      SECURITY GUARDS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 536. A new section is added to chapter 18.175 RCW to read as follows:

      ATHLETE AGENTS. The director shall immediately suspend a certificate of registration issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 537. A new section is added to chapter 18.185 RCW to read as follows:

      BAIL BOND AGENTS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 538. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

      This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

      (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

      (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

      (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

      (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

      (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

      (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

      (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

      (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

      Sec. 539. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

      This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

      (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

      (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

      (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

      (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

      (c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

      (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

      (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

      (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

B. PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM


      NEW SECTION. Sec. 540. A new section is added to chapter 26.18 RCW to read as follows:

      (1) If an obligor fails to comply with an order of support, the court shall order the obligor to:

      (a) Arrange a payment schedule and maintain support payments;

      (b) Participate in community service work at a minimum of one hundred hours per month; or

      (c) Imprisonment for the crime of family nonsupport under RCW 26.20.035.

      (2) Persons ordered to comply with subsection (1) (b) or (c) of this section shall have their names and the fact of their failure to comply with an order of support published in a newspaper of general circulation in the county in which the court order is obtained under this section.

      (3) Obligors who fail to pay child support in an amount equal to or greater than one year's aid to families with dependent children grant assistance for a family of three may be selected by the department for child support enforcement publicity purposes. The department may publish and distribute picture posters of such obligors, identifying them by name, and indicating the amount of child support owed and the amount in arrears.

      NEW SECTION. Sec. 541. A new section is added to chapter 26.20 RCW to read as follows:

      A person is guilty of predatory nonsupport if:

      (1) He or she is determined to be a parent for a second time under chapter 26.26 RCW;

      (2) The second or subsequent child is receiving public assistance under chapter 74.04, 74.09 or 74.12 RCW;

      (3) He or she fails to pay an obligation of support ordered under Title 26 RCW or chapter 74.04, 74.20 or 74.20A RCW; and

      (4) The second or subsequent child's other natural parent was, at the time of conception, under the age of eighteen.

      A violation of this section is a gross misdemeanor. Any subsequent violation of this section by a person previously convicted of a violation of this section is a class C felony under chapter 9A.20 RCW.

      Sec. 542. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

      The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.

      Sec. 543. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:

      Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

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

      (2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

      (3) "Dependent child" means any person:

      (a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

      (b) Over the age of eighteen for whom a court order for support exists.

      (4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

      (5) "Child support order" means a superior court order or an administrative order.

      (6) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

      (((6))) (7) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

      (((7))) (8) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.

      (((8))) (9) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

      (((9))) (10) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

      (((10))) (11) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

      (((11))) (12) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

      NEW SECTION. Sec. 544. A new section is added to chapter 74.12 RCW to read as follows:

      The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children; and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.

      Sec. 545. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:

      (1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

      (2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.


C. CHILD CARE ZONING


      NEW SECTION. Sec. 546. A new section is added to chapter 36.70 RCW to read as follows:

      No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      A county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state office of child care policy licensor as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

      A county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

      Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

      Sec. 547. RCW 36.70A.450 and 1995 c 49 s 3 are each amended to read as follows:

      No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      A city or county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the ((office of child care policy licensor)) department of social and health services as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

      A city or county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

      Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

      NEW SECTION. Sec. 548. A new section is added to chapter 74.15 RCW to read as follows:

      (1) A family day-care provider's home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. No town, city, or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      (2) A town, city, or county may impose zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, provided that such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

PART VI. WELFARE-TO-WORK EFFECTIVENESS STUDIES


      NEW SECTION. Sec. 601. A new section is added to chapter 44.28 RCW to read as follows:

      WELFARE-TO-WORK PROGRAMS STUDY. (1) The legislative budget committee shall conduct an evaluation of the effectiveness of the welfare-to-work programs described in chapter . . ., Laws of 1996 (this act), including the job opportunities and basic skills training program, the tax incentive program, and any approved private, county, or local government welfare-to-work programs. The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of aid to families with dependent children. The study shall include but not be limited to the following:

      (a) A random assignment of clients to public agencies and private contractors to assess the effectiveness of program services provided by public and private contractors;

      (b) An assessment of employment outcomes, including hourly wages, hours worked, and total earnings, for clients;

      (c) A comparison of aid to families with dependent children outcomes, including grant amounts and program exits, for clients;

      (d) A cost-benefit analysis of the use of public and private contractors;

      (e) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services; and

      (f) An assessment of the extent to which recipients who are heads of households may be affected by a learning disability that prevents high school completion or impairs employability. For the purposes of this study, "learning disabilities" are defined as a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language that prevents the person from achieving commensurate with his or her age and ability levels in one or more of the areas listed in this subsection, when provided with appropriate learning or training experiences. Such disorder may include problems in visual or auditory perception and integration and may manifest itself in an impaired ability to listen, think, speak or communicate clearly, read with comprehension, write legibly and with meaning, spell, and accurately perform mathematical calculations, including those involving reading. The presence of a specific learning disability is indicated by intellectual function above that specified by the Washington administrative code for special education for eligibility as mentally retarded and by a severe discrepancy between the person's intellectual ability and academic or career achievement in one or more of the following areas:

      (i) Oral expression;

      (ii) Listening comprehension;

      (iii) Written expression;

      (iv) Basic reading skills;

      (v) Reading comprehension;

      (vi) Mathematics calculations; and

      (vii) Mathematics reasoning.

Such performance deficit cannot be explained by visual, or hearing, or motor disabilities, mental retardation, behavioral disability or environmental, cultural, or economic disadvantage. A specific learning disability includes conditions described as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dysgraphia, and developmental aphasia.

      (2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, and local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this study.

      (3) Additional data may be collected directly from clients if not available from administrative records.

      (4) The legislative budget committee shall report its findings to the governor and the appropriate standing committees of the legislature by October 30, 1999, and shall provide annual reports thereafter until October 30, 2002.

      NEW SECTION. Sec. 602. A new section is added to chapter 44.28 RCW to read as follows:

      TIME LIMIT OUTCOME STUDY. The legislative budget committee shall conduct an evaluation of the effects of time limits on recipients of aid to families with dependent children grant assistance, both generally and in Washington state. The legislative budget committee, in consultation with the Washington institute for public policy, shall work in consultation and cooperation with a focus group comprised of the welfare policy committee described in section 603 of this act, as well as representatives from the governor's office, and other interested parties. The focus group shall begin meeting with the legislative budget committee no later than January 1997, and periodically thereafter as needed. The study shall include, but not be limited to, reports to the legislature regarding the following:

      (1) By December 1997, a summary of data and preliminary evaluations of the effects of time limits in a sampling of at least five other jurisdictions in which two-year time limits were enacted and in effect by 1995. This summary shall include publicly available governmental and scholarly reports and evaluations regarding the effects of time limits, from government agencies, universities, and public policy institutes.

      (2) By December 1998, a detailed, updated summary of the effects of time limits on the aid to families with dependent children population in a state identified in subsection (1) of this section as having families for which the time limits have run and for which outcome data is available.

      (3) By December 1999, and annually through December 2003, an updated summary of the other jurisdictions being tracked in subsections (1) and (2) of this section and an evaluation of the preliminary and subsequent effects of Washington state time limits on Washington state aid to families with dependent children recipients. The Washington state study shall include: A cost-benefit analysis of the effect of time limits on caseloads for aid to families with dependent children, cross-comparing caseload reductions, if any, in aid to families with dependent children with caseload increases, if any, in the foster care and child protective services caseloads. The Washington study shall focus on the outcomes to families whose benefits are decreased or discontinued as a direct result of time limits, including information regarding relative changes in their income status, changes in residence, and the extent to which their family resources may be supplemented by private, nonprofit, religious, or charitable organizations.

      NEW SECTION. Sec. 603. A new section is added to chapter 74.04 RCW to read as follows:

      WELFARE POLICY COMMITTEE. Beginning no later than January 1999, the welfare policy committee shall convene to consider the study specified in section 602 of this act. The welfare policy committee shall consist of two members of the senate, one from each party, two members of the house, one from each party, and two representatives from service or charitable organizations, appointed by the governor. The welfare policy committee shall make any legislative recommendations it may choose to the legislature by December 2000, and annually each December thereafter until 2003, in the form of proposed legislation. Such proposed legislation shall contain revisions to state law regarding aid to families with dependent children. The goal of the revisions shall be to promote independence from welfare, while minimizing any adverse effect of time limits on children in poverty. In December 2005, the welfare policy committee shall terminate.

PART VII. MISCELLANEOUS


      NEW SECTION. Sec. 701. A new section is added to chapter 74.13 RCW to read as follows:

      (1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.

      (2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.

      (3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.

      (4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.

      NEW SECTION. Sec. 702. The following acts or parts of acts are each repealed:

      (1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex. s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;

      (2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3;

      (3) RCW 74.12.420 and 1994 c 299 s 9; and

      (4) RCW 74.12.425 and 1994 c 299 s 10.

      NEW SECTION. Sec. 703. Part headings, captions, and the table of contents used in this act do not constitute any part of the law.

      NEW SECTION. Sec. 704. Sections 203 through 205 of this act shall constitute a new chapter in Title 82 RCW.

      NEW SECTION. Sec. 705. Sections 206 through 208 of this act shall constitute a new chapter in Title 74 RCW.

      NEW SECTION. Sec. 706. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.

      NEW SECTION. Sec. 707. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 708. 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. 709. This act shall take effect July 1, 1996."


      On motion of Senator Quigley, the following amendment by Senators Quigley and Rinehart to the Committee on Ways and Means striking amendment was adopted:

      On page 54, after line 6 of the Ways and Means Committee amendment, insert the following: 

      "NEW SECTION. Sec. 702. A new section is added to chapter 74.04 RCW to read as follows:

      The department of social and health services shall provide assistance under the general assistance to children program to needy families with legal immigrants permanently residing in the United States under color of law who are not eligible for aid to families with dependent children benefits solely due to their immigration status. Assistance to needy families shall be in the same amount as benefits under the aid to families with dependent children program. The families must be otherwise eligible for aid to families with dependent children, including consideration of the income of the immigrant's sponsor."

      Renumber the sections consecutively and correct any internal references accordingly.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Engrossed Fourth Substitute House Bill No. 1481.

      The Committee on Ways and Means striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Quigley, the following title amendments were considered simultaneously and adopted:

      On page 1, line 4 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 74.12.255, 74.25.010, 74.25.020, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181, 18.46.050, 18.96.120, 18.104.110, 18.130.050, 18.130.150, 18.160.080, 43.20A.205, 43.70.115, 26.16.205, 74.20A.020, 13.34.160, and 36.70A.450; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 26.18 RCW; adding a new section to chapter 26.20 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 74.15 RCW; adding new sections to chapter 44.28 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 74.13 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, 74.12.420, and 74.12.425; prescribing penalties; and providing an effective date."

On page 55, line 34 of the Ways and Means Committee title amendment, strike "a new section" and insert "new sections"

      On motion of Senator Quigley, the rules were suspended, Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Anderson, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate.


ROLL CALL



      The Secretary called the roll on the final passage of Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Loveland, McAuliffe, Morton, Moyer, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 31.

      Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, Kohl, Long, McDonald, Newhouse, Pelz, Roach, Schow, Sellar, Strannigan, Thibaudeau, West and Zarelli - 16.

      Excused: Senators Haugen and McCaslin - 2.

      ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Anderson, Senators West and Wood were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2186, by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Dickerson, L. Thomas, Quall, Carlson and Cooke)

 

Establishing long-term care benefits for public employees.


      The bill was read the second time.

MOTIONS


      On motion of Senator Quigley, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 41.05.065 and 1995 1st sp.s. c 6 s 5 are each amended to read as follows:

       (1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents on the best basis possible with relation both to the welfare of the employees and to the state. However, liability insurance shall not be made available to dependents.

      (2) The board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements:

      (a) Methods of maximizing cost containment while ensuring access to quality health care;

      (b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods;

      (c) Wellness incentives that focus on proven strategies, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;

      (d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;

      (e) Effective coordination of benefits;

      (f) Minimum standards for insuring entities; and

      (g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee point-of-service payments or employee premium payments for benefits.

      (3) The board shall design benefits and determine the terms and conditions of employee participation and coverage, including establishment of eligibility criteria.

      (4) The board may authorize premium contributions for an employee and the employee's dependents in a manner that encourages the use of cost-efficient managed health care systems.

      (5) Employees shall choose participation in one of the health care benefit plans developed by the board and may be permitted to waive coverage under terms and conditions established by the board.

      (6) The board shall review plans proposed by insuring entities that desire to offer property insurance and/or accident and casualty insurance to state employees through payroll deduction. The board may approve any such plan for payroll deduction by insuring entities holding a valid certificate of authority in the state of Washington and which the board determines to be in the best interests of employees and the state. The board shall promulgate rules setting forth criteria by which it shall evaluate the plans.

      (7) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made available to eligible employees, retired employees, and retired school


 employees as well as eligible dependents which, for the purpose of this section, includes the parents of the employee or retiree and the parents of the spouse of the employee or retiree. Employees of local governments and employees of political subdivisions not otherwise enrolled in the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care offering.

      (a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to reasonable underwriting guidelines and eligibility rules established by the public employees' benefits board and the health care authority.

      (b) The employee, retired employee, and retired school employee are solely responsible for the payment of the premium rates developed by the health care authority. The health care authority is authorized to charge a reasonable administrative fee in addition to the premium charged by the long-term care insurer, which shall include the health care authority's cost of administration, marketing, and consumer education materials prepared by the health care authority and the office of the insurance commissioner.

      (c) To the extent administratively possible, the state shall establish an automatic payroll or pension deduction system for the payment of the long-term care insurance premiums.

      (d) The public employees' benefits board and the health care authority shall establish a technical advisory committee to provide advice in the development of the benefit design and establishment of underwriting guidelines and eligibility rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives of the office of the insurance commissioner, providers of long-term care services, licensed insurance agents with expertise in long-term care insurance, employees, retired employees, retired school employees, and other interested parties determined to be appropriate by the board.

      (e) The health care authority shall offer employees, retired employees, and retired school employees the option of purchasing long-term care insurance through licensed agents or brokers appointed by the long-term care insurer. The authority, in consultation with the public employees' benefits board, shall establish marketing procedures and may consider all premium components as a part of the contract negotiations with the long-term care insurer.

      (f) In developing the long-term care insurance benefit designs, the public employees' benefits board shall include an alternative plan of care benefit, including adult day services, as approved by the office of the insurance commissioner.

      (g) The health care authority, with the cooperation of the office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired employees, and retired school employees designed to provide education on the potential need for long-term care, methods of financing long-term care, and the availability of long-term care insurance products including the products offered by the board.

      (h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature, including an analysis of the marketing and distribution of the long-term care insurance provided under this section."

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

      On page 1, line 1 of the title, after "employees;" strike the remainder of the title and insert "and amending RCW 41.05.065."


MOTION


      On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 2186, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2186, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2186, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 29.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Schow, Sellar, Strannigan, Swecker and Zarelli - 18.

      Excused: Senators West and Wood - 2.

      SUBSTITUTE HOUSE BILL NO. 2186, as amended by the Senate, 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 READING


      THIRD SUBSTITUTE HOUSE BILL NO. 1381, by House Committee on Government Operations (originally sponsored by Representatives Dyer, Brumsickle, Patterson, Campbell, Brown, Hankins, Chopp, Schoesler, Romero, Chandler, Robertson, Mitchell, G. Fisher, Sheahan, Poulsen, Thibaudeau, H. Sommers, Kessler, Mielke, Honeyford, Kremen, Wolfe, Boldt and Conway)

 

Sharing leave and personal holiday time.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Third Substitute House Bill No. 1381 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 Third Substitute House Bill No. 1381.


ROLL CALL


      The Secretary called the roll on the final passage of Third Substitute House Bill No. 1381 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, McDonald and Morton - 5.

      Excused: Senator West - 1.

      THIRD SUBSTITUTE HOUSE BILL NO. 1381, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2191, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Ogden, Carlson, Sehlin, H. Sommers, Dickerson, Conway and Kessler) (by request of Joint Committee on Pension Policy)

 

Creating a retirement option for certain fire fighters.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2191 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 Substitute House Bill No. 2191.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2191 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

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

      Voting nay: Senator Cantu - 1.

      Absent: Senators Schow and Snyder - 2.

      Excused: Senator West - 1.

      SUBSTITUTE HOUSE BILL NO. 2191, 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 READING


      SUBSTITUTE HOUSE BILL NO. 1990, by House Committee on Appropriations (originally sponsored by Representatives Robertson, Chappell and Delvin)

 

Providing minimum retirement benefits.


      The bill was read the second time.


MOTIONS


      On motion of Senator Bauer, the following amendment by Senators Bauer and Long was adopted:

      On page 2, after line 3, insert the following:

      "NEW SECTION. Sec. 2. The joint committee on pension policy shall study the benefits provided to surviving spouses of retirees of the Washington state patrol retirement system and shall report to the fiscal committees of the legislature by January 1997."

      On motion of Senator Bauer, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, strike "and"

On page 1, line 2 of the title, after "43.43.277" insert "; and creating a new section"


MOTION


      On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1990, as amended by the Senate, 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 Substitute House Bill No. 1990, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1990, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1990, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2579, by House Committee on Law and Justice (originally sponsored by Representatives Costa, Ballasiotes, Radcliff, Sheahan, Romero, Dellwo, Chopp, Murray, Robertson, Hickel, Mitchell, Cooke, Conway and Cody)

 

Consolidating and enhancing services for victims of sexual abuse.


      The bill was read the second time.


MOTION


      On motion of Senator Franklin, the rules were suspended, Substitute House Bill No. 2579 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 Substitute House Bill No. 2579.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2579 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Hargrove - 1.

      SUBSTITUTE HOUSE BILL NO. 2579, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2727, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton)

 

Establishing a state infrastructure bank.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2727 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 Substitute House Bill No. 2727.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2727 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2727, 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 READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875, by House Committee on Agriculture and Ecology (originally sponsored by Representative Chandler)

 

Creating the Puget Sound management team.


      The bill was read the second time.


MOTION


      Senator Fraser moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. INTENT. The legislature finds that since its creation in 1985, the Puget Sound water quality authority has been largely successful in adopting a comprehensive management plan for the restoration and long-term protection of Puget Sound, which is the principal guiding document for the coordination and strengthening of programs by local governments, the private sector, and federal and state agencies. The authority has continually revised the plan to reflect new information regarding the water quality and other environmental conditions of Puget Sound, and to respond to changing state and federal funding and programmatic requirements. The legislature finds that increased emphasis should now be placed upon implementing the plan, upon assisting those primarily responsible for implementing the plan, upon the long-term monitoring of Puget Sound's environmental conditions, and upon measuring progress in the overall implementation of the management plan.

      Sec. 2. RCW 90.70.001 and 1985 c 451 s 1 are each amended to read as follows:

      FINDINGS--POLICY. The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. The legislature finds that Puget Sound is a gift of nature, central to the quality of life of all Washington citizens.

      Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

      ((The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.

      The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation, and the obligation to undertake such control.))

      The legislature further finds that the large number of governmental entities that now affect the ((water quality)) health of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. ((It is therefore the policy of the state of Washington to create a single entity with adequate resources to develop a comprehensive plan for water quality protection in Puget Sound to be implemented by existing state and local government agencies.))

      These entities can benefit by better coordination among themselves with state agencies and citizen organizations, and efficiencies of effort can be obtained from such coordination. Further, the legislature finds that positive incentives and technical assistance can foster a cooperative spirit that will lead to better protection of Puget Sound.

      It is therefore the policy of the state of Washington that protection of Puget Sound, including continued economic and recreational uses, can be best achieved by establishing an entity to periodically revise the Puget Sound water quality management plan, and to focus its efforts on helping other state and federal agencies, local and tribal governments, businesses, and citizen organizations to implement the plan. The legislature declares that this entity, in its planning activity, shall foster coordinated research and education efforts, identify efficiencies and positive incentives that promote implementation of the plan, and provide technical assistance to state and federal agencies, local and tribal governments, and citizen organizations in their activities to implement the plan.

      It is further the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound.

      Sec. 3. RCW 90.70.005 and 1985 c 451 s 2 are each amended to read as follows:

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

      (1) "Authority" means the Puget Sound water quality authority.

      (2) "Chair" means the presiding officer of the Puget Sound water quality authority.

      (3) "Council" means the Puget Sound interagency advisory council created by section 6 of this act.

      (4) "Plan" means the Puget Sound water quality management plan.

      (((4))) (5) "Puget Sound" means all salt waters of the state of Washington inside the international boundary line between the state of Washington and the province of British Columbia, lying east of one hundred twenty-three degrees, twenty-four minutes west longitude.

      (6) "Local plans" means local watershed action plans developed pursuant to chapter 400-12 WAC.

      (7) "Work plan" means the work plan and budget developed by the authority.

      Sec. 4. RCW 90.70.011 and 1990 c 115 s 2 are each amended to read as follows:

      AUTHORITY--MEMBERSHIP. (1) There is established the Puget Sound water quality authority composed of eleven members. ((Nine members shall be appointed by the governor and confirmed by the senate. In addition, the commissioner of public lands or the commissioner's designee and the director of ecology or the director's designee shall serve as ex officio members. Three of the members shall include a representative from the counties, a representative from the cities, and a tribal representative. The director of ecology shall be chair of the authority. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality. Of the appointed members, at least one shall be selected from each of the six congressional districts surrounding Puget Sound.)) Nine members shall be appointed by the governor and confirmed by the senate. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, counties, cities, and the tribes. The representative of counties and the representative of cities shall be a current or former elected city or county official. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the authority. Appointments to the authority shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the authority, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Members representing cities, counties, and the tribes shall also serve four-year staggered terms, as determined by the governor. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. ((The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

      (2))) Members shall be compensated as provided in RCW 43.03.250. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

      (2) The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

      (3) The executive director of the authority shall be a full-time employee responsible for the administration of all functions of the authority, including hiring and terminating staff, budget preparation, contracting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

      (4) ((The authority shall prepare a budget and a work plan.

      (5))) Not more than four employees of the authority may be exempt from the provisions of chapter 41.06 RCW.

      (((6))) (5) The executive director and staff of the authority shall be located in the Olympia area, as space becomes available. The department of general administration shall house the authority within the department of ecology.

      NEW SECTION. Sec. 5. A new section is added to chapter 90.70 RCW to read as follows:

      CHAIR. (1) The authority shall select a chair, who shall perform such duties and perform them for such period as the authority determines.

      (2) Beginning in December 1998, and every two years thereafter, the authority shall submit a report to the appropriate policy and fiscal committees of the legislature. The report shall:

      (a) Describe and evaluate the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound;

      (b) Describe the priority problems and actions proposed for inclusion into the next biennium's work plan for each geographic area of Puget Sound, including a description of new and ongoing activities and a breakdown of the costs of each activity, by geographic area;

      (c) Describe how the work plan responds to the evaluation required under (a) of this subsection; and

      (d) Describe any proposed amendments to the Puget Sound management plan.

      NEW SECTION. Sec. 6. A new section is added to chapter 90.70 RCW to read as follows:

      PUGET SOUND INTERAGENCY ADVISORY COUNCIL. (1) The Puget Sound interagency advisory council is created. The council shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; the president of the University of Washington; and the president of the Washington State University. The governor shall appoint the chair of the council, who may be a staff person in the governor's office or a council member designated under this subsection. Members of the council may designate a person to act for them on the council, except that each member shall participate in the annual summit required by subsection (3) of this section. The university presidents may designate members of the sciences faculties to act as their designees on the council.

      (2) The council shall convene periodically at the request of the authority to provide recommendations for improving state agency coordination and setting of priorities in plan implementation, and for improving the integration of the Puget Sound plan with other state agency programs, plans, and activities that relate to the biological health and diversity of Puget Sound.

      (3) In addition to the periodic meetings under subsection (2) of this section, the council shall convene an annual summit of the council in conjunction with a meeting of the authority to address improving state agency coordination and participation in activities identified by the work plan for state agency implementation. The council shall obtain public comments at the summit to assist the council and authority in making these improvements.

      (4) On or before January 1, 1997, the council, with the assistance of the authority, shall review the need for additional state assistance in the development and implementation of plans for the protection of the state's marine waters other than Puget Sound, including technical and financial assistance, and the development of comprehensive ambient monitoring programs. The review shall include assessment of the need for a state coordination mechanism or entity for this purpose. The council shall consult with local governments and other interested parties in areas adjacent to the state's marine waters in conducting the review. The council shall provide a report of its review and recommendations to the governor and the appropriate committees of the legislature by January 1, 1997.

      Sec. 7. RCW 90.70.025 and 1985 c 451 s 5 are each amended to read as follows:

      DUTIES. In order to carry out its responsibilities under this chapter, the authority may:

      (1) ((Develop interim proposals and recommendations, before the plan is adopted, concerning the elements identified in RCW 90.70.060;

      (2))) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

      (((3))) (2) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the authority. The authority may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

      (((4))) (3) Conduct studies and research relating to Puget Sound water quality;

      (((5))) (4) Obtain information relating to Puget Sound from other state and local agencies;

      (((6))) (5) Conduct appropriate public hearings, solicit extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

      (((7))) (6) Receive and expend funding from other public agencies;

      (7) Establish priorities for funding the implementation of the plan;

      (8) ((Prepare a biennial budget request for consideration by the governor and the legislature; and

      (9))) Adopt rules under chapter 34.05 RCW as it deems necessary for the purposes of this chapter; and

      (9) Sponsor an annual conference or workshop where all interested parties will have the opportunity to share information about the status of efforts to protect and restore Puget Sound and make recommendations for future actions to protect and restore Puget Sound.

      Sec. 8. RCW 90.70.055 and 1990 c 115 s 4 are each amended to read as follows:

      The authority shall:

      (1) ((Prepare and adopt a)) Serve the needs of state, local, and tribal governments and agencies in implementing the plan in a coordinated and timely manner by:

      (a) Providing technical assistance to state, local, and tribal governments and agencies in the design, funding, and implementation of water quality programs and projects;

      (b) Assisting state, local, and tribal governments and agencies to implement the plan in ways that are consistent with other planning, regulatory, and capital facility requirements;

      (c) Encouraging and assisting in the development of local comprehensive strategies for water quality and watershed health that are consistent with the goals of the plan;

      (d) Seeking incentives for the development of local comprehensive water quality and watershed health strategies that support the plan by advocating for federal and state financial assistance and for flexibility in federal and state regulatory requirements to allow implementation of local strategies; and

      (e) Providing dispute resolution and mediation services between public agencies and between public and private entities to achieve coordinated implementation of the plan;

      (2) Revise on an ongoing basis the comprehensive Puget Sound water quality management plan((, as defined in RCW 90.70.060)) adopted by the authority in May 1994. In preparing the plan and any substantial revisions to the plan, the authority shall consult with its advisory ((committee or)) committees ((and)); appropriate federal, state, and local agencies((. The authority shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars)); tribal governments; and private interests;

      (((2) During the plan's initial development and any subsequent revisions, submit annual progress reports on plan revisions and implementation to the governor and the legislature.))

      (3) ((Submit the plan to the governor and the legislature no later than January 1, 1987. The authority shall)) Review the plan at least every ((four)) six years and revise the plan, as deemed appropriate((, and shall submit the plan by July 1, 1994)). A revised plan shall be submitted to the governor and the legislature by July 1, 2000, and every ((four)) six years thereafter;

      (4) Prepare a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and ((shall)) include an assessment of the extent to which implementation of the plan has occurred and resulted in progress toward improving and protecting water quality in Puget Sound. Information about problems and progress shall be sought from the public and reflected in the report. The assessment shall be based upon an evaluation of performance measures required by subsection (6) of this section. The report may also include, but not be limited to:

      (a) The status and condition of the resources of Puget Sound, including the results of ecological monitoring, including an assessment of the economic value of Puget Sound;

      (b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

      (c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

      (d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality; ((and))

      (5) Review the ((Puget Sound related budgets and regulatory and enforcement activities)) status of plan implementation efforts of state agencies with responsibilities for water quality and related resources in Puget Sound;

      (6) In consultation with state agencies, local and tribal governments, and other public and private interests, develop and track quantifiable performance measures that can be used by the governor and the legislature to assess the effectiveness over time of programs and actions initiated under the plan to improve and protect Puget Sound water quality and biological resources. The performance measures shall be developed by June 30, 1997. State agencies shall assist the authority in the development and tracking of these performance measures. The performance measures may be limited to a selected geographic area;

      (7) Appoint ad hoc advisory committees and solicit public participation as necessary to facilitate plan revision, plan implementation, coordination of the ambient monitoring program, and the conduct of other duties under this chapter. The authority may form a local government advisory council and private sector advisory council for this purpose;

      (8) Ensure implementation and coordination of the Puget Sound ambient monitoring program, which includes:

      (a) Developing a baseline and examining differences among areas of Puget Sound for environmental conditions, natural resources, and contaminants in sediments and marine life, against which future changes can be measured;

      (b) Taking measurements relating to specific program elements identified in the plan;

      (c) Measuring the progress of the ambient monitoring programs implemented under the plan;

      (d) Providing a permanent record of significant natural and human-caused changes in key environmental indicators in Puget Sound;

      (e) Supporting research on Puget Sound; and

      (f) Participation of each agency with responsibilities for implementing the program, as specified in the plan;

      (9) Provide, promote, coordinate, and publish research on Puget Sound water quality issues;

      (10) Provide and promote education and involvement of the public on the preservation and protection of water quality and marine habitat in Puget Sound; and

      (11) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan and in this chapter. Based on this review, the authority shall, if appropriate, eliminate and consolidate reports, modify reporting schedules to correspond to publication of the state of the Sound report, and modify reporting requirements to support evaluation of performance measures required by subsection (6) of this section.

      NEW SECTION. Sec. 9. A new section is added to chapter 90.70 RCW to read as follows:

      WORK PLANS. (1) Each biennium the authority shall prepare a Puget Sound work plan and budget recommendations for funding of the plan and for state agency implementation of plan responsibilities, for submittal to the office of financial management to be included in the development of the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance water quality in Puget Sound, including the enhancement of recreational opportunities and the restoration of a balanced population of indigenous shellfish, fish, and wildlife.

      (2) The work plan shall:

      (a) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound. The work plan may describe the specific priorities for local actions necessary in the following locations:

      (i) Area 1: Island and San Juan counties;

      (ii) Area 2: Skagit and Whatcom counties;

      (iii) Area 3: Clallam and Jefferson counties;

      (iv) Area 4: Snohomish, King, and Pierce counties;

      (v) Area 5: Kitsap, Mason, and Thurston counties;

      (b) Coordinate the work plan activities with other state agency activities that have not been funded through the plan, with other local plans, and with other governmental and nongovernmental watershed restoration activities;

      (c) Provide for interagency and interdisciplinary teams to provide technical assistance and watershed assessments to local governments in the areas identified in (a) of this subsection. The number of teams and the number and qualifications of personnel for each team shall be prioritized within available resources and determined to meet the priorities for actions identified in (a) of this subsection;

      (d) Coordinate monitoring and research activities;

      (e) Provide for funding to assist local jurisdictions to implement elements of the work plan and to develop and implement local plans; and

      (f) Identify and assist in resolving policy or regulatory conflicts that may exist between agencies responsible for implementing the Puget Sound plan.

      (3) Before adopting the work plan the authority shall hold public hearings to obtain public comments on the proposed work plan.

      (4) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.

      (5) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

      NEW SECTION. Sec. 10. A new section is added to chapter 90.70 RCW to read as follows:

      LOCAL PLANS. (1) Local governments shall implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.

      (2) The authority shall review the progress of local governments regarding the timely implementation of local elements of the work plan. Where prescribed actions have not been accomplished in accordance with the work plan, the responsible local government shall, at the request of the authority, submit a written explanation for the shortfalls to the authority, together with the local government's proposed remedies.

      NEW SECTION. Sec. 11. A new section is added to chapter 90.70 RCW to read as follows:

      STATE FUNDING PROGRAMS. (1) The authority shall review and make recommendations for a consolidated state financial assistance program to support the implementation of local plans. The recommendations should:

      (a) Include measures to simplify application and funding procedures;

      (b) Give priority to implementation over planning;

      (c) Achieve cost-efficiencies;

      (d) Give priority to local plans that have secured local funding; and

      (e) Give priority to counties that exercise their authority under RCW 36.94.020 as amended by chapter . . ., Laws of 1996 (Second Substitute Senate Bill No. 5247) to consolidate and coordinate their water pollution activities under a sewerage and/or water general plan.

      (2) The authority shall identify administrative and legislative modifications necessary to implement the consolidated financial assistance program and shall report to the governor and the legislature by December 1, 1996.

      Sec. 12. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

      (1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

      Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

      The budget document or documents shall also contain:

      (a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

      (b) The undesignated fund balance or deficit, by fund;

      (c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

      (d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

      (e) Tabulations showing expenditures classified by fund, function, activity and object;

      (f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

      (g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total. At the same time the authority provides the work plan and associated budget to the office of financial management according to the budget instructions required in subsection (1) of this section, the authority shall provide a copy to the appropriate policy and fiscal committees of the legislature; and

      (h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

      (2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

      (a) Interest, amortization and redemption charges on the state debt;

      (b) Payments of all reliefs, judgments and claims;

      (c) Other statutory expenditures;

      (d) Expenditures incident to the operation for each agency;

      (e) Revenues derived from agency operations;

      (f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

      (g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

      (h) Common school expenditures on a fiscal-year basis;

      (i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and

      (j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.

      (3) A separate capital budget document or schedule shall be submitted that will contain the following:

      (a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

      (b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

      (c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;

      (d) A statement of the reason or purpose for a project;

      (e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

      (f) A statement about the proposed site, size, and estimated life of the project, if applicable;

      (g) Estimated total project cost;

      (h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

      (i) Estimated total project cost for each phase of the project as defined by the office of financial management;

      (j) Estimated ensuing biennium costs;

      (k) Estimated costs beyond the ensuing biennium;

      (l) Estimated construction start and completion dates;

      (m) Source and type of funds proposed;

      (n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

      (o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

      (p) Such other information bearing upon capital projects as the governor deems to be useful;

      (q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

      (r) Such other information as the legislature may direct by law or concurrent resolution.

      For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

      (4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

      NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

      (1) RCW 90.70.035 and 1985 c 451 s 6;

      (2) RCW 90.70.045 and 1994 c 264 s 97, 1990 c 115 s 3, 1988 c 36 s 72, & 1985 c 451 s 7;

      (3) RCW 90.70.060 and 1990 c 115 s 5, 1989 c 11 s 31, & 1985 c 451 s 8;

      (4) RCW 90.70.065 and 1995 c 269 s 3501, 1994 c 264 s 98, & 1990 c 115 s 9;

      (5) RCW 90.70.090 and 1990 c 115 s 8; and

      (6) RCW 90.70.100 and 1991 c 200 s 502.

      Sec. 14. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

      The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((1995)) 2001, as provided in RCW 43.131.370.

      Sec. 15. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

      The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1996)) 2002:

      (1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

      (2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

      (3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

      (4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

      (5) ((Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

      (6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

      (7))) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

      (((8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

      (9))) (6) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

      (((10))) (7) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

      (((11))) (8) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.

      NEW SECTION. Sec. 16. A new section is added to chapter 90.70 RCW to read as follows:

      MARINE WATERS PROTECTION TRUST ACCOUNT. The marine waters protection trust account is created in the state treasury. All receipts from gifts, grants, and endowments, federal funds received to develop and implement marine waters protection plans, and state appropriations shall be deposited into the account. Moneys in the account may be spent only after appropriation for the purposes of developing and implementing marine waters protection plans.

      NEW SECTION. Sec. 17. SHORT TITLE. This act may be known and cited as the Puget Sound water quality protection act.

      NEW SECTION. Sec. 18. CAPTIONS NOT LAW. Captions used in this act do not constitute any part of the law.

      NEW SECTION. Sec. 19. This act shall take effect June 30, 1996."

      Debate ensued.

      Senator Fraser demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 2875.


ROLL CALL


      The Secretary called the roll and the committee striking amendment was adopted by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 34.

      Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, McCaslin, Morton, Moyer, Newhouse, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 15.


MOTIONS


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

      On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "amending RCW 90.70.001, 90.70.005, 90.70.011, 90.70.025, 90.70.055, 43.131.369, and 43.131.370; reenacting and amending RCW 43.88.030; adding new sections to chapter 90.70 RCW; creating new sections; repealing RCW 90.70.035, 90.70.045, 90.70.060, 90.70.065, 90.70.090, and 90.70.100; and providing an effective date."

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2875, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 1; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 32.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Johnson, McCaslin, Morton, Moyer, Newhouse, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 16.

      Absent: Senator Owen - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875, as amended by the Senate, 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 READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2293, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Jacobsen, Murray and Chopp)

 

Authorizing a technology fee at public institutions of higher education.


      The bill was read the second time.


MOTION


      Senator Bauer moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

      (1) The governing board of each of the state universities, the regional universities, and The Evergreen State College, upon the written agreement of its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees. During the 1996-97 academic year, any technology fee shall not exceed one hundred twenty dollars for a full-time student. Any technology fee charged to a part-time student shall be calculated as a pro rata share of the fee charged to a full-time student.

      (2) Revenue from this fee shall be used exclusively for technology resources for general student use.

      (3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its respective student government association or its equivalent shall be used to adjust the amount charged to students. Changes in the amount charged to students, once implemented, become the basis for future changes.

      (4) Annually, the student government association or its equivalent may abolish the fee by a majority vote. In the event of such a vote, the student government association or its equivalent shall notify the governing board of the institution. The fee shall cease being collected the term after the student government association or its equivalent voted to eliminate the fee.

      (5) The student government association or its equivalent shall approve the annual expenditure plan for the fee revenue.

      (6) The universities and The Evergreen State College shall deposit three and one-half percent of revenues from the technology fee into the institutional financial aid fund under RCW 28B.15.820.

      (7) As used in this section, "technology fee" is a fee charged to students to recover, in whole or in part, the costs of providing and maintaining services to students that include, but need not be limited to: Access to the internet and world wide web, e-mail, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services.

      (8) Prior to the establishment of a technology fee, a governing board shall provide to the student governing body a list of existing fees of a similar nature or for a similar purpose. The board and the student governing body shall ensure that student fees for technology are not duplicative.

      Sec. 2. RCW 28B.15.031 and 1995 1st sp.s. c 9 s 2 are each amended to read as follows:

      The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.

      Sec. 3. RCW 28B.15.615 and 1993 sp.s. c 18 s 23 are each amended to read as follows:

      Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities and the regional universities may exempt the following students from paying all or a portion of the resident operating fee and the technology fee: Students granted a graduate service appointment, designated as such by the institution, involving not less than twenty hours of work per week. The exemption shall be for the term of the appointment. ((The stipend paid to persons holding graduate student appointments from nonstate funds shall be reduced and the institution reimbursed from such funds in an amount equal to the resident operating fee which funds shall be transmitted to the general fund.))

      NEW SECTION. Sec. 4. 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. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      Debate ensued.


POINT OF INQUIRY


      Senator Anderson: "Senator Bauer, I have a question on a statement that you made in your opening remarks. You remarked that we can't have this, evidently the fee, without the approval of the students. I wrote that down--those were your remarks. I'm looking at the bill and I don't see where we can't have this without the approval of the students. I see in Section 3 where we can change the fee and have to work with the students and I see in Section 4 that once the fee is there, the students can vote to remove the fee, but I don't see where we can put this in place without the approval of the students. Could you please point me to some language in the bill that says we can't have this without the approval of the students?"

      Senator Bauer: "I don't have the bill before me, but I have the digest here and it says that a fee may be established by the governing boards for the public higher education institutions with a written agreement of their respective student body government association or equivalent."


POINT OF INQUIRY


      Senator Roach: "Senator Bauer, along the same lines, one of the concerns that I have is the answer to the question of whether or not the student council or body that will be approving the fee, will be the ones that will actually pay the fee. Is this going to be prospective or going from the incoming students after this body has already left the university?"

      Senator Bauer: "I think Senator Rinehart was concerned about that and felt that if we imposed a fee and then could not trigger it out for a couple of years, we would have people paying it that did not have a say-so. That is why she added the requirement that the fee would be determined--the student body could vote it out for the next term. So, it is a kind of a term, or quarter or semester by semester deal and anytime those students can trigger it off by having a say-so by saying that they don't want it for the next quarter and it is gone. It is student-driven."


REMARKS BY SENATOR WOOD


      Senator Wood: "May I respond to the question? On the first page, in Section 1, under Number (1), it says, 'The governing board of each of the state universities, the regional universities, and The Evergreen State College, upon written agreement of its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees.' Thank you."


POINT OF INQUIRY


      Senator Morton: "Senator Bauer, where does the gift of Bill Gates fit into all of this? As I understand, that was ten million dollars or thereabouts. Does that not play into this picture of technology for our institutions of higher learning?"

      Senator Bauer: "I believe you are speaking to a House provision where in the K-12 program, a number of school districts would be allowed to take donations of a five million dollar appropriation and that could be matched by Bill Gates or someone else. That was for local school districts in the Puget Sound area. Another five million was proposed and discussed for the rest of the state to apply for and get match for it, if they wished. It didn't apply to higher education."

      Senator Morton: "Thank you, Senator Bauer. Mr. President, I had the fortune to receive two answers here, with Senator Sutherland telling me that a good share of that went to the two-year colleges. Thank you."

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Second Substitute House Bill No. 2293.

      Further debate ensued.

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


MOTIONS


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

      On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 28B.15.031 and 28B.15.615; adding a new section to chapter 28B.15 RCW; and declaring an emergency."

      On motion of Senator Bauer, the rules were suspended, Second Substitute House Bill No. 2293, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2293, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2293, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40.

      Voting nay: Senators Deccio, Fraser, Goings, Heavey, McCaslin, Morton, Newhouse, Prince and Sutherland - 9.

      SECOND SUBSTITUTE HOUSE BILL NO. 2293, as amended by the Senate, 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 READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909, by House Committee on Appropriations (originally sponsored by Representatives Johnson, Brumsickle, Cole, Talcott, Quall, Radcliff, McMahan, Hymes, Smith, Lambert, Thompson, Hatfield, Stevens, Boldt, Koster, McMorris, Elliot, Silver, Pelesky, Clements, Cooke, Benton, Carrell, Sheldon, Basich, Linville, Skinner, Robertson, Blanton, Huff, Hickel, Goldsmith, Campbell and Casada)

 

Improving reading literacy.


      The bill was read the second time.


MOTION


      Senator McAuliffe moved that the following Committee on Education amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs.

      (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, state-wide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations.

      (3) In identifying effective reading programs, the following criteria shall be used:

      (a) Whether the program will help the student meet the essential academic learning requirements and the state-level and classroom-based assessments for reading;

      (b) Whether the program has achieved documented results for students on valid and reliable assessments and is consistent with the assessment for reading developed by the commission on student learning;

      (c) Whether the results of the program have been replicated at different locations over a period of time;

      (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it;

      (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs;

      (f) Whether the program addresses differing student populations; and

      (g) Other appropriate criteria and considerations.

      (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by May 1, 1997.

      NEW SECTION. Sec. 2. (1) To the extent funds are appropriated, the commission on student learning in collaboration with the superintendent of public instruction and in consultation with the state board of education, faculty in educator preparation programs, educators, parents, and school directors, shall establish training programs for educators in the primary grades. The programs shall be designed to prepare educators to use the classroom-based assessments developed by the commission on student learning to determine how children are reading, select appropriate instructional strategies to improve reading instruction, and to involve parents in helping their children to learn to read. Funds, to the extent appropriated shall be used to develop the training program and to provide the training to the educators both through institutes and in the classroom.

      (2) The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded to the extent funds are appropriated in the 1997-99 biennial appropriations act. Priority shall be given to grant applications involving schools and school districts with the lowest mean percentile scores on the state-wide fourth grade assessment required under RCW 28A.230.190 among grant applicants.

      NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) After effective programs have been identified in accordance with section 1 of this act, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings.

      (2) The center, in cooperation with state-wide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with section 1 of this act. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing state-wide and regional technical assistance in reading instruction.

      (3) The center shall submit a status report to appropriate committees of the legislature by December 31, 1996, regarding its efforts to implement section 1 of this act and subsections (1) and (2) of this section. The report shall include a description of safeguards enacted to ensure the scientific integrity and objectivity of the assistance and advice provided by the center.

      Sec. 4. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:

      (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.

      (2) The center shall:

      (a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

      (b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;

      (c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve reading instruction; school improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; and other programs that will assist educators in helping students learn the essential academic learning requirements;

      (d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

      (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

      (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;

      (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;

      (h) Provide training and consultation services;

      (i) Address methods for improving the success rates of certain ethnic and racial student groups; and

      (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

      (3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

      (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

      (5) The superintendent shall report annually to the commission on student learning on the activities of the center.

      NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 6. If specific funding for section 2 of this act, referencing this act by bill number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, section 2 of this act is null and void."

      The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the Committee on Education striking amendment to Engrossed Second Substitute House Bill No. 2909.

      The motion by Senator McAuliffe carried and the committee striking amendment was not adopted:


MOTION


      Senator McAuliffe moved that the following amendment by Senators McAuliffe and Johnson be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs.

      (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, state-wide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations.

      (3) In identifying effective reading programs, the following criteria shall be used:

      (a) Whether the program will help the student meet the state-level and classroom-based assessments for reading;

      (b) Whether the program has achieved documented results for students on valid and reliable assessments;

      (c) Whether the results of the program have been replicated at different locations over a period of time;

      (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it;

      (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs;

      (f) Whether the program addresses differing student populations; and

      (g) Other appropriate criteria and considerations.

      (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996.

      NEW SECTION. Sec. 2. The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 1996-97 and 1997-98 school years. Priority shall be given to grant applications involving schools and school districts with the lowest mean percentile scores on the state-wide fourth grade assessment required under RCW 28A.230.190 among grant applicants.

      NEW SECTION. Sec. 3. (1) The center for the improvement of student learning in collaboration with the commission on student learning and in consultation with the state board of education, faculty in educator preparation programs, educators, parents, and school directors, shall establish training programs in reading instruction and assessment for educators in the primary grades. The programs shall be designed to prepare educators to use the classroom-based assessments developed by the commission on student learning to determine how children are reading, select and implement appropriate instructional strategies and effective programs consistent with section 1 of this act to improve reading instruction, and to involve parents in helping their children to learn to read. Funds shall be used to develop the training program and to provide the training to the educators both through institutes and in the classroom during the school year.

      (2) This section shall expire June 30, 1998.

      NEW SECTION. Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) After effective programs have been identified in accordance with section 1 of this act, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings.

      (2) The center, in cooperation with state-wide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with section 1 of this act. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing state-wide and regional technical assistance in reading instruction.

      (3) The center shall submit a status report to appropriate committees of the legislature by December 31, 1996, regarding its efforts to implement section 1 of this act and subsections (1) and (2) of this section. The report shall include a description of safeguards enacted to ensure the integrity and objectivity of the assistance and advice provided by the center.

      Sec. 5. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:

      (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.

      (2) The center shall:

      (a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

      (b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;

      (c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve reading instruction; school improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; and other programs that will assist educators in helping students learn the essential academic learning requirements;

      (d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

      (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

      (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;

      (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;

      (h) Provide training and consultation services;

      (i) Address methods for improving the success rates of certain ethnic and racial student groups; and

      (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

      (3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

      (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

      (5) The superintendent shall report annually to the commission on student learning on the activities of the center.

      NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 7. If specific funding for sections 2 and 3 of this act, referencing this act by bill or chapter number and section number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, sections 2 and 3 of this act are null and void."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Johnson to Engrossed Second Substitute House Bill No. 2909.

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


MOTIONS


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

      On page 1, line 1 of the title, after "literacy;" strike the remainder of the title and insert "amending RCW 28A.300.130; adding new sections to chapter 28A.300 RCW; creating new sections; providing an expiration date; and declaring an emergency."

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2909, as amended by the Senate, 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 Second Substitute House Bill No. 2909, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2909, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Deccio - 1.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909, as amended by the Senate, 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 READING


      ENGROSSED HOUSE BILL NO. 2837, by Representatives Dyer, Cody and Murray (by request of Insurance Commissioner Senn)

 

Modifying the definition of medicare supplemental insurance or medicare supplement insurance policy.


      The bill was read the second time.


MOTION


      Senator Quigley moved that the following Committee on Health and Long-Term Care amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 48.66.020 and 1995 c 85 s 1 are each amended to read as follows:

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

      (1) "Medicare supplemental insurance" or "medicare supplement insurance policy" refers to a group or individual policy of disability insurance or a subscriber contract of a health care service contractor, a health maintenance organization, or a fraternal benefit society, which relates its benefits to medicare, or which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare. Such term does not include:

      (a) A policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof, for employees or former employees, or combination thereof, or for members or former members, or combination thereof, of the labor organizations; or

      (b) A policy issued pursuant to a contract under Section 1876 ((or Section 1833)) of the federal social security act (42 U.S.C. Sec. 1395 et seq.), or an issued policy under a demonstration ((project authorized pursuant to amendments to the federal social security act)) specified in 42 U.S.C. Sec. 1395ss(g)(1); or

      (c) Insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, that are not marketed or held to be medicare supplement policies or benefit plans.

      (2) "Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.

      (3) "Medicare eligible expenses" means health care expenses of the kinds covered by medicare, to the extent recognized as reasonable and medically necessary by medicare.

      (4) "Applicant" means:

      (a) In the case of an individual medicare supplement insurance policy or subscriber contract, the person who seeks to contract for insurance benefits; and

      (b) In the case of a group medicare supplement insurance policy or subscriber contract, the proposed certificate holder.

      (5) "Certificate" means any certificate delivered or issued for delivery in this state under a group medicare supplement insurance policy.

      (6) "Loss ratio" means the incurred claims as a percentage of the earned premium computed under rules adopted by the insurance commissioner.

      (7) "Preexisting condition" means a covered person's medical condition that caused that person to have received medical advice or treatment during a specified time period immediately prior to the effective date of coverage.

      (8) "Disclosure form" means the form designated by the insurance commissioner which discloses medicare benefits, the supplemental benefits offered by the insurer, and the remaining amount for which the insured will be responsible.

      (9) "Issuer" includes insurance companies, health care service contractors, health maintenance organizations, fraternal benefit societies, and any other entity delivering or issuing for delivery medicare supplement policies or certificates to a resident of this state.

      Sec. 2. RCW 41.05.197 and 1993 c 492 s 223 are each amended to read as follows:

      (1) If a waiver of the medicare statute, Title XVIII of the federal social security act, sufficient to meet the requirements of chapter 492, Laws of 1993 is not granted on or before January 1, 1995, the medicare supplemental insurance policies authorized under RCW 41.05.195 shall be made available to any resident of the state eligible for medicare benefits. Except for those retired state or school district employees eligible to purchase medicare supplemental benefits through the authority and as provided for under subsection (2) of this section, persons purchasing a medicare supplemental insurance policy under this section shall be required to pay the full cost of any such policy.

      (2) Subject to the availability of appropriated funds, the funds shall be used to offset the premiums of persons purchasing a medicare supplemental insurance policy under this section for those persons whose family income is less than two hundred percent of the federal poverty level and who are not otherwise eligible as qualified medicare beneficiaries under the medicaid program eligibility rules in effect January 1996. The administrator shall design and implement a structure of premiums due from persons receiving the offset that is based upon gross family income, giving appropriate consideration to family size. The premium structure shall be similar in concept to the basic health plan subsidy structure under chapter 70.47 RCW, but may recognize differences in: (a) The health care provided under the medicare supplemental insurance policies; (b) the population served under this section; and (c) other factors. The offset shall be available to eligible persons purchasing a medicare supplemental insurance policy beginning October 1, 1997.

      NEW SECTION. Sec. 3. The legislature finds that rapid changes occurring in the provision of health insurance to our state's senior citizens through the federal medicare program may begin making prescription drugs more difficult to afford, especially for those living on fixed incomes near the poverty level. For this reason, the legislature determines there is need to move quickly and decisively to provide assistance to this vulnerable population so that new programs are in place as federal changes are implemented.

      NEW SECTION. Sec. 4. A new section is added to chapter 41.05 RCW to read as follows:

      (1) The administrator shall determine the activities required to establish a reasonable and cost-effective prescription drug insurance plan that would be made available to any state resident enrolled in medicare.

      (2) Unless there is a specific federal statutory prohibition, or except as provided in section 6 of this act, the administrator shall implement a comprehensive prescription drug insurance plan that, by January 1, 1998, must be made available to any state resident enrolled in medicare.

      (3) By December 1, 1996, the administrator shall report to the appropriate committees of the legislature and the health care policy board if, with the written advice of the attorney general, federal statutory prohibitions exist to implementation of this program, or if actual premium rates established following competitive bidding of the prescription drug insurance plan substantially exceed expectations, creating questions regarding public interest in the program.

The report shall include estimated premium costs, administrative costs to the state, and specific recommendations for removing any state or federal legislative or regulatory barriers to implementation of the insurance.

      (4) The administrator shall use any funds appropriated for this section to implement this section, including to offset premiums of the persons purchasing prescription drug insurance under this section for those persons whose family income is at or below two hundred percent of the federal poverty level and who are not receiving prescription drug benefits as qualified medicare beneficiaries. The administrator shall design and implement a structure of premiums due from persons receiving the offset that is based upon gross family income, giving appropriate consideration to family size. The premium structure must be similar to the basic health plan subsidy structure under chapter 70.47 RCW, but may reflect differences in: (a) The limited benefits provided under this act; (b) the population served; and (c) other factors. The offset must be available to eligible persons beginning January 1, 1998.

      NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:

      The insurance commissioner shall adopt any rules needed to accommodate implementation of section 4 of this act. If timelines required under section 4 of this act require the adoption of rules on an emergency basis, the insurance commissioner shall do so.

      NEW SECTION. Sec. 6. In the event funds are not appropriated to implement section 4 of this act, including funds for a premium offset, the prescription drug insurance plan under section 4 of this act shall not be implemented until such time as funding is appropriated to fund the plan.

      NEW SECTION. Sec. 7. Sections 1 and 3 through 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


POINT OF ORDER


      Senator Johnson: "I rise to a point of order, Mr. President, and that is to object to the committee amendment being beyond the scope and object of Engrossed House Bill No. 2837. That bill is a very narrow bill; it is the amendment to state law in order to comply with federal--a change in federal law--regarding the definition of medicare and that is it. The committee amendment, however, adds to that two very substantial pieces. One is a subsidy program for medicare supplemental insurance, which has a price tag of around a hundred million dollars--according to the fiscal note--and another subsidy program for prescription drugs for qualified individuals. Furthermore, it grants to the Insurance Commissioner rule-making authority. Therefore, I urge that the President rule that this amendment is beyond the scope and object of Engrossed House Bill No. 2837."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Engrossed House Bill No. 2837.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2758, by House Committee on Appropriations (originally sponsored by Representatives Huff, Cooke and Silver)

 

Measuring state fiscal conditions.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2758 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 Substitute House Bill No. 2758.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2758 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2758, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2535, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Jacobsen and Carlson)

 

Adopting ethics standards for academic or scientific public service work.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Substitute House Bill No. 2535 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 Substitute House Bill No. 2535.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2535 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2535, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Anderson, Senator Schow was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2320, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Blanton, Radcliff, Backlund, Robertson, Hatfield, Mulliken, Sheldon, Hymes, Kessler, Carlson, Johnson, Thompson, Costa and Boldt)

 

Making certain sex offenders subject to life imprisonment without parole after two offenses.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 2320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2320.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2320 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

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

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

      Excused: Senator Schow - 1.

      SUBSTITUTE HOUSE BILL NO. 2320, 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 READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, by House Committee on Health Care (originally sponsored by Representatives Dyer, Conway, Murray, D. Sommers, Dellwo, Cairnes, Ogden, Linville, Cody and Mason)

 

Revising regulation of hearing and speech professions.


      The bill was read the second time.


MOTIONS


      On motion of Senator Wojahn, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.35 RCW to read as follows:

      It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of such services.

      Sec. 2. RCW 18.35.010 and 1993 c 313 s 1 are each amended to read as follows:

      As used in this chapter, unless the context requires otherwise:

      (1) (("Department" means the department of health.

      (2))) "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal to noise ratio for the listener, reduce interference from noise in the background, and enhance hearing levels at a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter.

      (2) "Certified audiologist" means a person who is certified by the department to engage in the practice of audiology and meets the qualifications in this chapter.

      (3) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders.

      (4) "Board" means the board ((on fitting and dispensing)) of hearing ((aids)) and speech.

      (((3))) (5) "Department" means the department of health.

      (6) "Direct supervision" means that the supervisor is physically present and in the same room with the hearing instrument fitter/dispenser permit holder, observing the nondiagnostic testing, fitting, and dispensing activities of the hearing instrument fitter/dispenser permit holder at all times.

      (7) "Establishment" means any permanent site housing a person engaging in the practice of fitting and dispensing of hearing instruments by a hearing instrument fitter/dispenser or audiologist; where the client can have personal contact and counsel during the firm's business hours; where business is conducted; and the address of which is given to the state for the purpose of bonding.

      (8) "Facility" means any permanent site housing a person engaging in the practice of speech language pathology and/or audiology, excluding the sale, lease, or rental of hearing instruments.

      (9) "Fitting and dispensing of hearing instruments" means the sale, lease, or rental or attempted sale, lease, or rental of hearing instruments together with the selection and modification of hearing instruments and the administration of nondiagnostic tests as specified by RCW 18.35.110 and the use of procedures essential to the performance of these functions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by a licensed hearing instrument fitter/dispenser or certified audiologist.

      (10) "Good standing" means a licensed hearing instrument fitter/dispenser or certified audiologist or speech language pathologist whose license or certificate has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in the last two years.

      (11) "Hearing ((aid)) instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords ((and)), ear molds, and assistive listening devices.

      (((4) "Fitting and dispensing of hearing aids" means the sale, lease, or rental or attempted sale, lease, or rental of hearing aids together with the selection and adaptation of hearing aids and the use of those tests and procedures essential to the performance of these functions. It includes the taking of impressions for ear molds for these purposes.

      (5))) (12) "Hearing instrument fitter/dispenser" means a person who is licensed to engage in the practice of fitting and dispensing of hearing instruments and meets the qualifications of this chapter.

      (13) "Hearing instrument fitter/dispenser permit holder" means a person who practices under the direct supervision of a licensed hearing instrument fitter/dispenser or certified audiologist.

      (14) "Secretary" means the secretary of health.

      (((6) "Establishment" means any facility engaged in the fitting and dispensing of hearing aids.))

      (15) "Certified speech-language pathologist" means a person who is certified by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter.

      (16) "Speech-language pathology" means the application of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and the application of augmentative communication treatment and devices for treatment of such disorders.

      Sec. 3. RCW 18.35.020 and 1989 c 198 s 1 are each amended to read as follows:

      No person shall engage in the fitting and dispensing of hearing ((aids)) instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing ((aids)) instruments unless he or she ((holds)) is a ((valid license)) licensed hearing instrument fitter/dispenser or a certified audiologist or holds a hearing instrument fitter/dispenser permit or audiology interim permit issued by the department as provided in this chapter and is an owner or employee of an establishment that is bonded as provided by RCW 18.35.240. The owner or manager of ((a)) an establishment that dispenses hearing ((aid establishment)) instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or ((employees of)) persons employed by the establishment engaged in fitting and dispensing of hearing ((aids)) instruments. Every establishment that fits and dispenses shall have in its employ at least one licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or certified audiologist at all times, and shall annually submit proof that all ((audiometric)) testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated.

      Sec. 4. RCW 18.35.030 and 1983 c 39 s 3 are each amended to read as follows:

      Any person who engages in ((the)) fitting and dispensing of hearing ((aids)) instruments shall provide to each person who enters into an agreement to purchase a hearing ((aid)) instrument a receipt at the time of the agreement containing the following information:

      (1) The seller's name, signature, license, certificate, or permit number, address, and phone number of his or her regular place of business;

      (2) A description of the ((aid)) instrument furnished, including make, model, circuit options, and the term "used" or "reconditioned" if applicable;

      (3) A disclosure of the cost of all services including but not limited to the cost of testing and fitting, the actual cost of the hearing ((aid)) instrument furnished, the cost of ear molds if any, and the terms of the sale. These costs, including the cost of ear molds, shall be known as the total purchase price. The receipt shall also contain a statement of the purchaser's recision rights under this chapter and an acknowledgment that the purchaser has read and understands these rights. Upon request, the purchaser shall also be supplied with a signed and dated copy of any hearing evaluation performed by the seller.

      (4) At the time of delivery of the hearing ((aid)) instrument, the purchaser shall also be furnished with the serial number of the hearing ((aid)) instrument supplied.

      Sec. 5. RCW 18.35.040 and 1991 c 3 s 81 are each amended to read as follows:

      (1) An applicant for ((license shall be at least eighteen years of age)) licensure as a hearing instrument fitter/dispenser must have the following minimum qualifications and shall pay a fee determined by the secretary as provided in RCW 43.70.250. An applicant shall ((not)) be issued a license under the provisions of this chapter ((unless)) if the applicant:

      (((1))) (a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or

      (((2))) (ii) Holds a current, unsuspended, unrevoked license ((or certificate)) from ((a state or jurisdiction with which the department has entered into a reciprocal agreement, and shows evidence satisfactory to the department that the applicant is licensed in good standing in the other jurisdiction)) another jurisdiction if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state;

      (b) After December 31, 1996, has at least six months of apprenticeship training that meets requirements established by the board. The board may waive part or all of the apprenticeship training in recognition of formal education in fitting and dispensing of hearing instruments or in recognition of previous licensure in Washington or in another state, territory, or the District of Columbia;

      (c) Is at least twenty-one years of age; and

      (d) Has not committed unprofessional conduct as specified by the uniform disciplinary act.

      The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.

      (2) An applicant for certification as a speech-language pathologist or audiologist must have the following minimum qualifications:

      (a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;

      (b) Has a master's degree or the equivalent, or a doctorate degree or the equivalent, from a program at a board-approved institution of higher learning, which includes completion of a supervised clinical practicum experience as defined by rules adopted by the board; and

      (c) Has completed postgraduate professional work experience approved by the board.

      All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter.

      The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.

      Sec. 6. RCW 18.35.050 and 1993 c 313 s 2 are each amended to read as follows:

      Except as otherwise provided in this chapter an applicant for license or certification shall appear at a time and place and before such persons as the department may designate to be examined by written ((and)) or practical tests, or both. ((The department shall give an examination in May and November of each year.)) Examinations in hearing instrument fitting/dispensing, speech-language pathology, and audiology shall be held within the state at least once a year. The examinations shall be reviewed annually by the board and the department, and revised as necessary. ((No examination of any established association may be used as the exclusive replacement for the examination unless approved by the board.)) The examinations shall include appropriate subject matter to ensure the competence of the applicant. Nationally recognized examinations in the fields of fitting and dispensing of hearing instruments, speech-language pathology, and audiology may be used to determine if applicants are qualified for licensure or certification. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The hearing instrument fitting/dispensing reexamination fee for hearing instrument fitter/dispensers and audiologists shall be set by the secretary under RCW 43.70.250.

      Sec. 7. RCW 18.35.060 and 1993 c 313 s 3 are each amended to read as follows:

      (1) The department shall issue a ((trainee license)) hearing instrument fitting/dispensing permit to any applicant who has shown to the satisfaction of the department that the applicant:

      (a) ((The applicant)) Is at least ((eighteen)) twenty-one years of age;

      (b) If issued a ((trainee license)) hearing instrument fitter/dispenser permit, would be employed and directly supervised in the fitting and dispensing of hearing ((aids)) instruments by a person licensed or certified in good standing as a ((fitter-dispenser)) hearing instrument fitter/dispenser or audiologist for at least ((one year)) two years unless otherwise approved by the board; ((and))

      (c) Has paid an application fee determined by the secretary as provided in RCW 43.70.250, to the department;

      (d) Has not committed unprofessional conduct as specified by the uniform disciplinary act; and

      (e) Is a high school graduate or the equivalent.

      The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a ((trainee license)) hearing instrument fitter/dispenser permit. Pursuant to the provisions of this section, a person issued a ((trainee license)) hearing instrument fitter/dispenser permit may engage in the fitting and dispensing of hearing ((aids)) instruments without having first passed the hearing instrument fitter/dispenser examination provided under this chapter.

      (2) The ((trainee license)) hearing instrument fitter/dispenser permit shall contain the names of the ((person)) employer and the licensed or certified supervisor under this chapter who ((is)) are employing and supervising the ((trainee)) hearing instrument fitter/dispenser permit holder and ((that)) those persons shall execute an acknowledgment of responsibility for all acts of the ((trainee)) hearing instrument fitter/dispenser permit holder in connection with the fitting and dispensing of hearing ((aids)) instruments.

      (3) A ((trainee)) hearing instrument fitter/dispenser permit holder may fit and dispense hearing ((aids)) instruments, but only if the ((trainee)) hearing instrument fitter/dispenser permit holder is under the direct supervision of a ((person)) licensed hearing instrument fitter/dispenser or certified audiologist under this chapter in a capacity other than as a ((trainee)) hearing instrument fitter/dispenser permit holder. Direct supervision by a licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or certified audiologist shall be required whenever the ((trainee)) hearing instrument fitter/dispenser permit holder is engaged in the fitting or dispensing of hearing ((aids)) instruments during the ((trainee's first three months of full-time)) hearing instrument fitter/dispenser permit holder's employment. The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.

      (4) The ((trainee license)) hearing instrument fitter/dispenser permit shall expire one year from the date of its issuance except that on recommendation of the board the ((license)) permit may be reissued for one additional year only.

      (5) No ((person licensed)) certified audiologist or licensed hearing instrument fitter/dispenser under this chapter may assume the responsibility for more than ((two trainees)) one hearing instrument fitter/dispenser permit holder at any one time((, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees)).

      (6) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist certification or audiologist certification who, except for the postgraduate professional experience and the examination requirements, meets the academic and practicum requirements of RCW 18.35.040 to practice under interim permit supervision by a certified speech-language pathologist or certified audiologist. The interim permit is valid for a period of one year from date of issuance. The board shall determine conditions for the interim permit.

      Sec. 8. RCW 18.35.070 and 1973 1st ex.s. c 106 s 7 are each amended to read as follows:

      The hearing instrument fitter/dispenser written or practical examination, or both, provided in RCW 18.35.050 shall consist of:

      (1) Tests of knowledge in the following areas as they pertain to the fitting of hearing ((aids)) instruments:

      (a) Basic physics of sound;

      (b) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and

      (c) Structure and function of hearing ((aids)) instruments.

      (2) Tests of proficiency in the following ((techniques)) areas as they pertain to the fitting of hearing ((aids)) instruments:

      (a) Pure tone audiometry, including air conduction testing and bone conduction testing;

      (b) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;

      (c) Effective masking;

      (d) Recording and evaluation of audiograms and speech audiometry to determine hearing ((aid)) instrument candidacy;

      (e) Selection and adaptation of hearing ((aids)) instruments and testing of hearing ((aids)) instruments; and

      (f) Taking ear mold impressions.

      (3) Evidence of knowledge regarding the medical and rehabilitation facilities for children and adults that are available in the area served.

      (4) Evidence of knowledge of grounds for revocation or suspension of license under the provisions of this chapter.

      (5) Any other tests as the ((department)) board may by rule establish.

      Sec. 9. RCW 18.35.080 and 1991 c 3 s 83 are each amended to read as follows:

      (1) The department shall license or certify each qualified applicant, without discrimination, who satisfactorily completes the required examinations for his or her profession and, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 to the department, shall issue to the applicant a license or certificate. A person shall not knowingly make a false, material statement in an application for a license, certification, or permit or for a renewal of a license, certification, or permit.

      If a ((person)) prospective hearing instrument fitter/dispenser does not apply for a license within three years of the successful completion of the hearing instrument fitter/dispenser license examination, reexamination is required for licensure. The license shall be effective until the licensee's next birthday at which time it is subject to renewal. Subsequent renewal dates shall coincide with the licensee's birthday.

      (2) The board shall waive the examination and grant a speech-language pathology certificate to a person engaged in the profession of speech-language pathology in this state on the effective date of this section if the board determines that the person meets commonly accepted standards for the profession, as defined by rules adopted by the board. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (3) The board shall waive the examinations and grant an audiology certificate to a person engaged in the profession of audiology in this state on the effective date of this section if the board determines that the person meets the commonly accepted standards for the profession and has passed the hearing instrument fitter/dispenser examination. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (4) The board shall grant an audiology certificate to a person engaged in the profession of audiology, who has not been licensed as a hearing aid fitter/dispenser, but who meets the commonly accepted standards for the profession of audiology and graduated from a board-approved program after January 1, 1993, and has passed sections of the examination pertaining to RCW 18.35.070 (3), (4), and (5). Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (5) Persons engaged in the profession of audiology who meet the commonly accepted standards for the profession of audiology and graduated from a board-approved program prior to January 1, 1993, and who have not passed the hearing instrument fitter/dispenser examination shall be granted a temporary audiology certificate (nondispensing) for a period of two years from the effective date of this section during which time they must pass sections of the hearing instrument fitter/dispenser examination pertaining to RCW 18.35.070 (1)(c), (2)(e) and (f), (3), (4), and (5). The board may extend the term of the temporary certificate upon review. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      Sec. 10. RCW 18.35.085 and 1991 c 332 s 31 are each amended to read as follows:

      An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state without examination if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.

      Sec. 11. RCW 18.35.090 and 1991 c 3 s 84 are each amended to read as follows:

      Each person who engages in ((the fitting and dispensing of hearing aids)) practice under this chapter shall, as the department prescribes by rule, pay to the department a fee established by the secretary under RCW 43.70.250 for a renewal of the license, certificate, or permit and shall keep the license, certificate, or permit conspicuously posted in the place of business at all times. The license, certificate, or permit of any person who fails to renew his or her license ((prior to the expiration date must pay a penalty fee in addition to the renewal fee and satisfy the requirements)), certificate, or permit prior to the expiration date shall automatically lapse. Within three years from the date of lapse and upon recommendation of the board, the secretary may revive a lapsed license or certificate upon payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary and satisfaction of any requirements, which may include reexamination, that may be set forth by rule promulgated by the secretary for reinstatement. The secretary may by rule establish mandatory continuing education requirements and/or continued competency standards to be met by licensees or certificate or permit holders as a condition for license, certificate, or permit renewal.

      Sec. 12. RCW 18.35.095 and 1993 c 313 s 12 are each amended to read as follows:

      (1) A ((person)) hearing instrument fitter/dispenser licensed under this chapter and not actively ((fitting and dispensing hearing aids)) practicing may be placed on inactive status by the department at the written request of the licensee. The board shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the licensing fee for a licensee on inactive status shall be directly related to the costs of administering an inactive license by the department. A ((person)) hearing instrument fitter/dispenser on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the licensing fee for the licensing year, and complying with subsection (2) of this section.

      (2) Hearing instrument fitter/dispenser inactive licensees applying for active licensure shall comply with the following: A licensee who has not fitted or dispensed hearing ((aids)) instruments for more than five years from the expiration of the licensee's full fee license shall retake the practical or the written, or both, hearing instrument fitter/dispenser examinations required under this chapter and ((shall have completed continuing education requirements within the previous twelve-month period. Persons who have been on inactive status from two to five years must have within the previous twelve months completed continuing education requirements. Persons who have been on inactive status for one year or less shall upon application be reinstated as active licensees)) other requirements as determined by the board. Persons who have inactive status in this state but who are actively licensed and in good standing in any other state shall not be required to ((meet continuing education requirements or to)) take the hearing instrument fitter/dispenser practical examination((s)), but must submit an affidavit attesting to their knowledge of the current Washington Administrative Code rules and Revised Code of Washington statutes pertaining to the fitting and dispensing of hearing ((aids)) instruments.

      (3) A speech-language pathologist or audiologist certified under this chapter and not actively practicing either speech-language pathology or audiology may be placed on inactive status by the department at the written request of the certificate holder. The board shall define by rule the conditions for inactive status certification. In addition to the requirements of RCW 43.24.086, the fee for a certificate on inactive status shall be directly related to the cost of administering an inactive certificate by the department. A person on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the fee for the year, and complying with subsection (4) of this section.

      (4) Speech-language pathologist or audiologist inactive certificate holders applying for active certification shall comply with requirements set forth by the board, which may include completion of continuing competency requirements and taking an examination.

      Sec. 13. RCW 18.35.100 and 1983 c 39 s 8 are each amended to read as follows:

      (1) Every ((person who holds a license)) hearing instrument fitter/dispenser, audiologist, speech-language pathologist, hearing instrument fitter/dispenser permit holder, or interim permit holder, who is regulated under this chapter, shall notify the department in writing of the regular address of the place or places in the state of Washington where the person ((engages or intends to engage in the fitting and dispensing of hearing aids)) practices or intends to practice more than twenty consecutive business days and of any change thereof within ten days of such change. Failure to notify the department in writing shall be grounds for suspension or revocation of license, certificate, or permit.

      (2) The department shall keep a record of the places of business of persons who hold licenses, certificates, or permits.

      (3) Any notice required to be given by the department to a person who holds a license, certificate, or permit may be given by mailing it to the address of the last ((place of business)) establishment or facility of which the person has notified the department, except that notice to a licensee or certificate or permit holder of proceedings to deny, suspend, or revoke the license, certificate, or permit shall be by certified or registered mail or by means authorized for service of process.

      Sec. 14. RCW 18.35.105 and 1989 c 198 s 6 are each amended to read as follows:

      Each licensee and certificate and permit holder under this chapter shall keep records of all services rendered for a ((period)) minimum of three years. These records shall contain the names and addresses of all persons to whom services were provided((,)). Hearing instrument fitter/dispensers, audiologists, and permit holders shall also record the date the hearing instrument warranty expires, a description of the services and the dates the services were provided, and copies of any contracts and receipts. All records, as required pursuant to this chapter or by rule, ((kept by licensees)) shall be owned by the establishment or facility and shall remain with the establishment or facility in the event the licensee or certificate holder changes employment. If a contract between the establishment or facility and the licensee or certificate holder provides that the records are to remain with the licensee or certificate holder, copies of such records shall be provided to the establishment or facility.

      Sec. 15. RCW 18.35.110 and 1993 c 313 s 4 are each amended to read as follows:

      In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed or holding a permit or certificate under this chapter may be subject to disciplinary action by the board for any of the following causes:

      (1) For unethical conduct in ((dealing in)) dispensing hearing ((aids)) instruments. Unethical conduct shall include, but not be limited to:

      (a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive;

      (b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing ((aid)) instrument;

      (c) Advertising a particular model, type, or kind of hearing ((aid)) instrument for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised;

      (d) Falsifying hearing test or evaluation results;

      (e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or certificate or permit holder or on the basis of information furnished by the prospective hearing ((aid)) instrument user prior to fitting and dispensing a hearing ((aid)) instrument to any such prospective hearing ((aid)) instrument user, failing to advise that prospective hearing ((aid)) instrument user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician:

      (A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum;

      (B) History of, or active drainage from the ear within the previous ninety days;

      (C) History of sudden or rapidly progressive hearing loss within the previous ninety days;

      (D) Acute or chronic dizziness;

      (E) Any unilateral hearing loss;

      (F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration;

      (G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;

      (H) Pain or discomfort in the ear; or

      (I) Any other conditions that the board may by rule establish. It is a violation of this subsection for any licensee or certificate holder or that licensee's or certificate holder's employees and putative agents upon making such required referral for medical opinion to in any manner whatsoever disparage or discourage a prospective hearing ((aid)) instrument user from seeking such medical opinion prior to the fitting and dispensing of a hearing ((aid)) instrument. No such referral for medical opinion need be made by any ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder in the instance of replacement only of a hearing ((aid)) instrument which has been lost or damaged beyond repair within ((six)) twelve months of the date of purchase. The ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder or ((the licensee's)) their employees or putative agents shall obtain a signed statement from the hearing ((aid)) instrument user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user's best health interest: PROVIDED, That the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall maintain a copy of either the physician's statement showing that the prospective hearing ((aid)) instrument user has had a medical evaluation within the previous six months or the statement waiving medical evaluation, for a period of three years after the purchaser's receipt of a hearing ((aid)) instrument. Nothing in this section required to be performed by a licensee or certificate or permit holder shall mean that the licensee or certificate or permit holder is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state;

      (ii) Fitting and dispensing a hearing ((aid)) instrument to any person under eighteen years of age who has not been examined and cleared for hearing ((aid)) instrument use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the ((licensee)) licensed hearing instrument fitter/dispenser or certified audiologist shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department;

      (iii) Fitting and dispensing a hearing ((aid)) instrument to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master's degree in audiology, except in cases of hearing ((aids)) instruments replaced within ((six)) twelve months of their purchase;

      (f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathy and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing ((aids)) instruments when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic profession when such use is not accurate;

      (g) Permitting another to use his or her license, certificate, or permit;

      (h) Stating or implying that the use of any hearing ((aid)) instrument will restore normal hearing, preserve hearing, prevent or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing ((aid)) instrument;

      (i) Representing or implying that a hearing ((aid)) instrument is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or

      (j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the ((licensee)) hearing instrument fitter/dispenser, audiologist, or permit holder, or to influence any person to refrain from dealing in the products of competitors.

      (2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020.

      (3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.

      NEW SECTION. Sec. 16. A new section is added to chapter 18.35 RCW to read as follows:

      (1) A person who is not licensed with the secretary as a hearing instrument fitter/dispenser under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "licensed hearing instrument fitter/dispenser," "hearing instrument specialist," or "hearing aid fitter/dispenser," or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a licensed hearing instrument fitter/dispenser.

      (2) A person who is not certified with the secretary as a speech-language pathologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words including "certified speech-language pathologist" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a certified speech-language pathologist.

      (3) A person who is not certified with the secretary as an audiologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words "certified audiologist" or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a certified audiologist.

      (4) A person who does not hold a permit issued by the secretary as a hearing instrument fitter/dispenser permittee under the requirements of this chapter may not represent himself or herself as being so permitted and may not use in connection with his or her name the words "hearing instrument fitter/dispenser permit holder" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a hearing instrument fitter/dispenser permit holder.

      (5) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed.

      Sec. 17. RCW 18.35.120 and 1983 c 39 s 10 are each amended to read as follows:

      A licensee or certificate or permit holder under this chapter may also be subject to disciplinary action if the licensee or certificate or permit holder:

      (1) Is found guilty in any court of any crime involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years have not elapsed since the date of the conviction; or

      (2) Has a judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in the action, but a license or certificate shall not be issued unless the judgment debt has been discharged; or

      (3) Has a judgment entered against him or her under chapter 19.86 RCW and two years have not elapsed since the entry of the final judgment; but a license or certificate shall not be issued unless there has been full compliance with the terms of such judgment, if any. The judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license or certificate unless the judgment arises out of and is based on acts of the applicant, licensee, certificate holder, or employee of the licensee or certificate holder; or

      (4) Commits unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary act.

      Sec. 18. RCW 18.35.140 and 1993 c 313 s 5 are each amended to read as follows:

      The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:

      (1) To provide ((facilities)) space necessary to carry out the examination ((of applicants for license)) set forth in RCW 18.35.070 of applicants for hearing instrument fitter/dispenser licenses or audiology certification.

      (2) To authorize all disbursements necessary to carry out the provisions of this chapter.

      (3) To require the periodic examination of ((the audiometric)) testing equipment, as defined by the board, and to carry out the periodic inspection of facilities or establishments of persons who ((deal in hearing aids)) are licensed or certified under this chapter, as reasonably required within the discretion of the department.

      (4) To appoint advisory committees as necessary.

      (5) To keep a record of proceedings under this chapter and a register of all persons licensed, certified, or holding permits under this chapter. The register shall show the name of every living licensee or permit holder for hearing instrument fitting/dispensing, every living certificate or interim permit holder for speech-language pathology, every living certificate or interim permit holder for audiology, with his or her last known place of residence and the date and number of his or her license, permit, or certificate.

      Sec. 19. RCW 18.35.150 and 1993 c 313 s 6 are each amended to read as follows:

      (1) There is created hereby the board ((on fitting and dispensing of hearing aids)) of hearing and speech to govern the three separate professions: Hearing instrument fitting/dispensing, audiology, and speech-language pathology. The board shall consist of ((seven)) ten members to be appointed by the governor.

      (2) Members of the board shall be residents of this state. ((Two)) Three members shall represent the public and shall have an interest in the rights of consumers of health services, and shall not be or have been a member of, or married to a member of, another licensing board, a licensee of a health occupation board, an employee of a health facility, nor derive his or her primary livelihood from the provision of health services at any level of responsibility. Two members shall be ((persons experienced in the fitting of hearing aids)) hearing instrument fitter/dispensers who ((shall hold valid licenses)) are licensed under this chapter ((and who do not have a masters level college degree in audiology)), have at least five years of experience in the practice of hearing instrument fitting and dispensing, and must be actively engaged in fitting and dispensing within two years of appointment. Two members of the board shall be audiologists certified under this chapter who have at least five years of experience in the practice of audiology and must be actively engaged in practice within two years of appointment. Two members of the board shall be speech-language pathologists certified under this chapter who have at least five years of experience in the practice of speech-language pathology and must be actively engaged in practice within two years of appointment. One advisory nonvoting member shall be a medical ((or osteopathic)) physician ((specializing in diseases of the ear. Two members must be experienced in the fitting of hearing aids, must be licensed under this chapter, and shall have received at a minimum a masters level college degree in audiology)) licensed in the state of Washington.

      (3) The term of office of a member is three years. Of the initial appointments, one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two years, and one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and two consumers shall be appointed for a term of three years. Thereafter, all appointments shall be made for expired terms. No member shall be appointed to serve more than two consecutive terms. A member shall continue to serve until a successor has been appointed. The governor shall either reappoint the member or appoint a successor to assume the member's duties at the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

      (4) ((The chair of the board shall be elected from the membership of the board at the beginning of each year.)) The chair shall rotate annually among the hearing instrument fitter/dispensers, speech-language pathologists, audiologists, and public members serving on the board. In the absence of the chair, the board shall appoint an interim chair. In event of a tie vote, the issue shall be brought to a second vote and the chair shall refrain from voting.

      (5) The board shall meet at least once each year, at a place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board shall also meet at such other times and places as are requested by the department or by three members of the board. A quorum is a majority of the board. A hearing instrument fitter/dispenser, speech-language pathologist, and audiologist must be represented. Meetings of the board shall be open and public, except the board may hold executive sessions to the extent permitted by chapter 42.30 RCW.

      (6) Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (7) The governor may remove a member of the board for cause at the recommendation of a majority of the board.

      Sec. 20. RCW 18.35.161 and 1993 c 313 s 7 are each amended to read as follows:

      The board shall have the following powers and duties:

      (1) To establish by rule such minimum standards and procedures in the fitting and dispensing of hearing ((aids)) instruments as deemed appropriate and in the public interest;

      (2) To develop guidelines on the training and supervision of ((trainees)) hearing instrument fitter/dispenser permit holders and to establish requirements regarding the extent of apprenticeship training and certification to the department;

      (3) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it;

      (4) To develop, approve, and administer ((all licensing examinations required by this chapter)) or supervise the administration of examinations to applicants for licensure and certification under this chapter; ((and))

      (5) To require a licensee or certificate or permit holder to make restitution to any individual injured by a violation of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not limit the board's authority to take other action deemed appropriate and provided for in this chapter or chapter 18.130 RCW;

      (6) To pass upon the qualifications of applicants for licensure, certification, or permits and to certify to the secretary;

      (7) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or certificate under this chapter;

      (8) To keep an official record of all its proceedings. The record is evidence of all proceedings of the board that are set forth in this record;

      (9) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, permit holders, and consumers in this state; and

      (10) To adopt rules relating to standards of care relating to hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices.

      NEW SECTION. Sec. 21. A new section is added to chapter 18.35 RCW to read as follows:

      Violation of the standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.

      Sec. 22. RCW 18.35.172 and 1987 c 150 s 21 are each amended to read as follows:

      The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, certificates, and permits, and the discipline of licensees and certificate and permit holders under this chapter.

      Sec. 23. RCW 18.35.175 and 1983 c 39 s 21 are each amended to read as follows:

      It is unlawful to ((sell)) fit or dispense a hearing ((aid)) instrument to a resident of this state if the attempted sale or purchase is offered or made by telephone or mail order and there is no face-to-face contact to test or otherwise determine the needs of the prospective purchaser. This section does not apply to the sale of hearing ((aids)) instruments by wholesalers to licensees or certificate holders under this chapter.

      Sec. 24. RCW 18.35.180 and 1973 1st ex.s. c 106 s 18 are each amended to read as follows:

      Acts and practices in the course of trade in the promoting, advertising, selling, fitting, and dispensing of hearing ((aids)) instruments shall be subject to the provisions of chapter 19.86 RCW (Consumer Protection Act) and RCW 9.04.050 (False Advertising Act) and any violation of the provisions of this chapter shall constitute violation of RCW 19.86.020.

      Sec. 25. RCW 18.35.185 and 1993 c 313 s 9 are each amended to read as follows:

      (1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing ((aid)) instrument shall have the right to rescind the transaction for other than the ((licensee's)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder's breach if:

      (a) The purchaser, for reasonable cause, returns the hearing ((aid)) instrument or holds it at the ((licensee's)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder's disposal, if the hearing ((aid)) instrument is in its original condition less normal wear and tear. "Reasonable cause" shall be defined by the board but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser about wearing a hearing ((aid)) instrument; and

      (b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment employing the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder at the time the hearing ((aid)) instrument was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing ((aid is in the possession of the licensee or the licensee's representative)) instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser from evaluating the hearing instrument, and the purchaser notifies the establishment employing the licensed hearing instrument fitter/dispenser, certified audiologist or permit holder of the problem during the thirty days following the date of delivery and documents such notification, the deadline for posting the notice of rescission shall be extended by an equal number of days ((that the aid is in the possession of the licensee or the licensee's representative)) as those between the date of the notification of the problem to the date of notification of availability for redeliveries. Where the hearing ((aid)) instrument is returned to the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder for any inspection for modification or repair, and the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder has notified the purchaser that the hearing ((aid)) instrument is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing ((aid)) instrument or instructing the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder to forward it to the purchaser, then the deadline for giving notice of the recision shall ((begin)) extend no more than seven working days after this notice of availability.

      (2) If the transaction is rescinded under this section or as otherwise provided by law and the hearing ((aid)) instrument is returned to the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder, the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall refund to the purchaser any payments or deposits for that hearing ((aid)) instrument. However, the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder may retain, for each hearing ((aid, fifteen percent of the total purchase price or one hundred dollars, whichever is less)) instrument, fifteen percent of the total purchase price or one hundred twenty-five dollars, whichever is less. After December 31, 1996, the recision amount shall be determined by the board. The ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall also return any goods traded in contemplation of the sale, less any costs incurred by the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder in making those goods ready for resale. The refund shall be made within ten business days after the rescission. The buyer shall incur no additional liability for such rescission.

      (3) For the purposes of this section, the purchaser shall have recourse against the bond held by the establishment entering into a purchase agreement with the buyer, as provided by RCW 18.35.240.

      Sec. 26. RCW 18.35.190 and 1989 c 198 s 8 are each amended to read as follows:

      In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed or certified or to hold a permit hereunder, or by any assignee or transferee ((thereof, arising out of the business of fitting and dispensing of hearing aids)), it shall be necessary to allege and prove that the licensee or certificate or permit holder at the time of the transaction held a valid license, certificate, or permit as required by this chapter, and that such license, certificate, or permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.

      Sec. 27. RCW 18.35.195 and 1983 c 39 s 22 are each amended to read as follows:

      (1) This chapter shall not apply to military or federal government employees((, nor shall it apply to)).

      (2) This chapter does not prohibit or regulate:

      (a) Fitting or dispensing by students enrolled in ((an accredited)) a board-approved program who are directly supervised by a licensed hearing ((aid)) instrument fitter/dispenser or certified audiologist under the provisions of this chapter; and

      (b) Hearing instrument fitter/dispensers, speech-language pathologists, or audiologists of other states, territories, or countries, or the District of Columbia while appearing as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, hearing instrument fitter/dispenser, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter.

      Sec. 28. RCW 18.35.205 and 1983 c 39 s 24 are each amended to read as follows:

      The legislature finds that the public health, safety, and welfare would best be protected by uniform regulation of hearing ((aid fitter-dispensers)) instrument fitter/dispensers, speech-language pathologists, audiologists, and permit holders throughout the state. Therefore, the provisions of this chapter relating to the licensing or certification of hearing ((aid fitter-dispensers and hearing aid)) instrument fitter/dispensers, speech-language pathologists, and audiologists and regulation of permit holders and their respective establishments or facilities is exclusive. No political subdivision of the state of Washington within whose jurisdiction a hearing ((aid)) instrument fitter/dispenser, audiologist, or speech-language pathologist establishment or facility is located may require any registrations, bonds, licenses, certificates, or permits of the establishment or facility or its employees or charge any fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing herein shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied on all businesses, or to levy a tax based upon the gross business conducted by any firm within the political subdivision.

      Sec. 29. RCW 18.35.230 and 1989 c 198 s 9 are each amended to read as follows:

      (1) Each licensee or certificate or permit holder shall name a registered agent to accept service of process for any violation of this chapter or rule adopted under this chapter.

      (2) The registered agent may be released at the expiration of one year after the license, certificate, or permit issued under this chapter has expired or been revoked.

      (3) Failure to name a registered agent for service of process for violations of this chapter or rules adopted under this chapter may be grounds for disciplinary action.

      Sec. 30. RCW 18.35.240 and 1993 c 313 s 11 are each amended to read as follows:

      (1) Every establishment engaged in the fitting and dispensing of hearing ((aids)) instruments shall file with the department a surety bond in the sum of ten thousand dollars, running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the establishment's employees or agents of any of the provisions of this chapter or rules adopted by the secretary.

      (2) In lieu of the surety bond required by this section, the establishment may file with the department a cash deposit or other negotiable security acceptable to the department. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.

      (3) If a cash deposit is filed, the department shall deposit the funds ((with the state treasurer)). The cash or other negotiable security deposited with the department shall be returned to the depositor one year after the establishment has discontinued the fitting and dispensing of hearing ((aids)) instruments if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing ((aids)) instruments in order that the cash deposit or other security may be released at the end of one year from that date.

      (4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.

      (5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.

      (6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.

      (7) Each invoice for the purchase of a hearing ((aid)) instrument provided to a customer must clearly display on the first page the bond number of the establishment or the licensee ((selling)) or certificate or permit holder fitting/dispensing the hearing ((aid)) instrument.

      Sec. 31. RCW 18.35.250 and 1991 c 3 s 86 are each amended to read as follows:

      (1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or permit holder, agent, or establishment for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.

      (2) An action upon the bond shall be commenced by serving and filing the complaint within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing ((aids)) instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.

      (3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

      (4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security.

      Sec. 32. RCW 18.130.040 and 1995 c 336 s 2, 1995 c 323 s 16, 1995 c 260 s 11, and 1995 c 1 s 19 (Initiative Measure No. 607) are each reenacted and amended to read as follows:

      (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

      (2)(a) The secretary has authority under this chapter in relation to the following professions:

      (i) Dispensing opticians licensed under chapter 18.34 RCW;

      (ii) Naturopaths licensed under chapter 18.36A RCW;

      (iii) Midwives licensed under chapter 18.50 RCW;

      (iv) Ocularists licensed under chapter 18.55 RCW;

      (v) Massage operators and businesses licensed under chapter 18.108 RCW;

      (vi) Dental hygienists licensed under chapter 18.29 RCW;

      (vii) Acupuncturists licensed under chapter 18.06 RCW;

      (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

      (ix) Respiratory care practitioners certified under chapter 18.89 RCW;

      (x) Persons registered or certified under chapter 18.19 RCW;

      (xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

      (xii) Nursing assistants registered or certified under chapter 18.79 RCW;

      (xiii) Health care assistants certified under chapter 18.135 RCW;

      (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

      (xv) Sex offender treatment providers certified under chapter 18.155 RCW;

      (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

      (xvii) Persons registered as adult family home operators under RCW 18.48.020; and

      (xviii) Denturists licensed under chapter 18.30 RCW.

      (b) The boards and commissions having authority under this chapter are as follows:

      (i) The podiatric medical board as established in chapter 18.22 RCW;

      (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

      (iii) The dental quality assurance commission as established in chapter 18.32 RCW;

      (iv) The board ((on fitting and dispensing)) of hearing ((aids)) and speech as established in chapter 18.35 RCW;

      (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

      (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

      (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

      (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

      (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

      (x) The board of physical therapy as established in chapter 18.74 RCW;

      (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

      (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

      (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

      (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

      (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

      (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

      NEW SECTION. Sec. 33. RCW 18.35.170 and 1993 c 313 s 8 & 1973 1st ex.s. c 106 s 17 are each repealed.

      NEW SECTION. Sec. 34. The board of hearing and speech shall conduct a study in consultation with the governing authorities of the Washington hearing aid society, the Washington speech and hearing association, and the Washington society of audiology to develop recommendations on the appropriateness of a two-year degree as an entry level requirement for licensing hearing instrument fitter/dispensers under chapter 18.35 RCW. The study and recommendations, at a minimum, must include consideration of the fiscal impact of the proposal, the effect on access of the public to services, the feasibility of providing a two-year degree curriculum, and the status of those currently licensed as hearing instrument fitter/dispensers under chapter 18.35 RCW. The study must be coordinated with the state board for community and technical colleges and the department of health. The recommendations shall be presented to the senate health and human services and the house of representatives health care committees prior to January 1, 1998.

      NEW SECTION. Sec. 35. Recognizing the trend in utilization of speech-language pathologist assistants and audiologist assistants across practice settings, the board of hearing and speech shall, on an ongoing basis, collect data on: The number of assistants in specific practice settings; supervisor to speech-language pathologist assistant or audiologist assistant ratios; and the level of education and training of speech-language pathologist assistants and audiologist assistants.

      NEW SECTION. Sec. 36. 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 motion of Senator Wojahn, the following title amendment was adopted:

      On page 1, line 1 of the title, after "professions;" strike the remainder of the title and insert "amending RCW 18.35.010, 18.35.020, 18.35.030, 18.35.040, 18.35.050, 18.35.060, 18.35.070, 18.35.080, 18.35.085, 18.35.090, 18.35.095, 18.35.100, 18.35.105, 18.35.110, 18.35.120, 18.35.140, 18.35.150, 18.35.161, 18.35.172, 18.35.175, 18.35.180, 18.35.185, 18.35.190, 18.35.195, 18.35.205, 18.35.230, 18.35.240, and 18.35.250; reenacting and amending RCW 18.130.040; adding new sections to chapter 18.35 RCW; creating new sections; and repealing RCW 18.35.170."


MOTION


      On motion of Senator Wojahn, the rules were suspended, Engrossed Substitute House Bill No. 2309, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Anderson, Senator Wood was excused.

      On motion of Senator Thibaudeau, Senator Quigley was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

      Excused: Senators Quigley, Schow and Wood - 3.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, 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 READING


      HOUSE BILL NO. 2467, by Representatives Pennington, Morris, Carlson, Boldt and Benton

 

Revising the definition of "major industrial development" for the purpose of growth management planning.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. In 1995 the legislature addressed the demand for siting of major industrial facilities by passage of Engrossed Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside an urban growth area.

      The legislature finds that the existing case-by-case procedure for evaluating and approving such a site under the 1995 act may operate to a community's economic disadvantage when a firm, for business reasons, must make a business location decision expeditiously. The legislature therefore finds that it would be useful to authorize, on a limited basis, and evaluate a process for identifying locations for major industrial activity in advance of specific proposals by an applicant.

      It is the purpose of this act (1) to authorize a pilot project under which a bank of major industrial development locations outside urban growth areas is created for use in expeditiously siting such a development; (2) to evaluate the impact of this process on the county's compliance with chapter 36.70A RCW; and (3) to encourage consolidation and planning, and environmental review procedures under chapter 36.70B RCW.

      NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

      (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county required or choosing to plan under RCW 36.70A.040 that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating a bank of no more than two master planned locations for major industrial activity outside urban growth areas.

      (2) A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met:

      (a) New infrastructure is provided for and/or applicable impact fees are paid;

      (b) Transit-oriented site planning and traffic demand management programs are implemented;

      (c) Buffers are provided between the major industrial development and adjacent nonurban areas;

      (d) Environmental protection including air and water quality has been addressed and provided for;

      (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;

      (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

      (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and

      (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365.

      (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area.

      (4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time.

      (5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there.

      (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.

      (7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998. However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.

      (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

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

      On page 1, line 1 of the title, after "developments;" strike the remainder of the title and insert "adding a new section to chapter 36.70A RCW; creating a new section; and declaring an emergency."


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2467, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Sutherland: "Senator Haugen, in Section 2, Subsection 2 (2(a), does the term 'infrastructure' include water sewer and drainage?"

      Senator Haugen: "Thank you, Senator Sutherland for asking me that question. Yes, 'infrastructure' includes water, sewer and drainage and one of the things, this will give assurance that all of those facilities are available for these particular sites."

      Senator Sutherland: "Thank you."

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2467, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2467, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

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

      Voting nay: Senator Fairley - 1.

      Excused: Senators Schow and Wood - 2.

      HOUSE BILL NO. 2467, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2179, by House Committee on Transportation (originally sponsored by Representatives Horn, Blanton, Scott, Mitchell, Quall and Thompson)

 

Regulating motor vehicle transactions involving buyer's agents.


      The bill was read the second time.


MOTION


      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2179 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 Substitute House Bill No. 2179.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2179 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

      Excused: Senators Schow and Wood - 2.

      SUBSTITUTE HOUSE BILL NO. 2179, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2358, by House Committee on Law and Justice (originally sponsored by Representatives Costa, Ballasiotes, Chopp, Conway, Scott, Linville, Radcliff, Chappell, Dickerson, Hatfield, Quall, Murray, Cooke, Patterson, Cody, Keiser, Veloria and Kessler)

 

Increasing penalty assessments to support crime victim and witness programs.


      The bill was read the second time.


MOTIONS


      On motion of Senator Smith, the following Committee on Law and Justice amendments were considered simultaneously and were adopted:

      On page 1, line 5, insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that current funding for county victim-witness advocacy programs is inadequate. Also, the state crime victims compensation program should be enhanced to provide for increased benefits to families of victims who are killed as a result of a criminal act. It is the intent of the legislature to provide increased financial support for the county and state crime victim and witness programs by requiring offenders to pay increased penalty assessments upon conviction of a gross misdemeanor or felony crime. The increased financial support is intended to allow county victim/witness programs to more fully assist victims and witnesses through the criminal justice processes. On the state level, the increased funds will allow the remedial intent of the crime victims compensation program to be more fully served. Specifically, the increased funds from offender penalty assessments will allow more appropriate compensation for families of victims who are killed as a result of a criminal act, including reasonable burial benefits."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 4, after line 14, insert the following:

      "Sec. 4. RCW 7.68.060 and 1990 c 3 s 501 are each amended to read as follows:

      (1) For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 ((as now or hereafter amended)) shall apply: PROVIDED, That no compensation of any kind shall be available under this chapter if:

      (a) An application for benefits is not received by the department within ((one year)) two years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued, unless the director has determined that "good cause" exists to expand the time permitted to receive the application. "Good cause" shall be determined by the department on a case-by-case basis and may extend the period of time in which an application can be received for up to five years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued; or

      (b) The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victims.

      (2) This section shall apply only to criminal acts reported after December 31, 1985.

      (3) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of eighteen, the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victim.

      Sec. 5. RCW 7.68.070 and 1993 sp.s. c 24 s 912 are each amended to read as follows:

      The right to benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in chapter 51.32 RCW ((as now or hereafter amended)) except as provided in this section:

      (1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 ((as now or hereafter amended)) are not applicable to this chapter.

      (2) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or dependents in case of death of the victim, are entitled to benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015. The rights, duties, responsibilities, limitations, and procedures applicable to a worker as contained in RCW 51.32.010 ((as now or hereafter amended)) are applicable to this chapter.

      (3) The limitations contained in RCW 51.32.020 ((as now or hereafter amended)) are applicable to claims under this chapter. In addition thereto, no person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

      (a) The result of consent, provocation, or incitement by the victim, unless an injury resulting from a criminal act caused the death of the victim;

      (b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or

      (c) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.

      (4) The benefits established upon the death of a worker and contained in RCW 51.32.050 ((as now or hereafter amended)) shall be the benefits obtainable under this chapter and provisions relating to payment contained in that section shall equally apply under this chapter: PROVIDED, That benefits for burial

expenses shall not exceed the ((maximum cost used by the department of social and health services for the funeral and burial of a deceased indigent person under chapter 74.08 RCW)) amount paid by the department in case of the death of a worker as provided in chapter 51.32 RCW in any claim: PROVIDED FURTHER, That if the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

      (a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;

      (b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;

      (c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;

      (d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.

      No other benefits may be paid or payable under these circumstances.

      (5) The benefits established in RCW 51.32.060 ((as now or hereafter amended)) for permanent total disability proximately caused by the criminal act shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That if a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act pursuant to RCW 51.08.018 ((as now or hereafter amended)):

      (a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.

      (b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.

      (c) If married with two children at the time of the criminal act, thirty-eight percent of the average monthly wage.

      (d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.

      (e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.

      (f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.

      (g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.

      (h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.

      (i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.

      (j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.

      (k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.

      (l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.

      (6) The benefits established in RCW 51.32.080 ((as now or hereafter amended)) for permanent partial disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section equally apply under this chapter.

      (7) The benefits established in RCW 51.32.090 ((as now or hereafter amended)) for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act.

      (8) The benefits established in RCW 51.32.095 ((as now or hereafter amended)) for continuation of benefits during vocational rehabilitation shall be benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That benefits shall not exceed five thousand dollars for any single injury.

      (9) The provisions for lump sum payment of benefits upon death or permanent total disability as contained in RCW 51.32.130 ((as now or hereafter amended)) apply under this chapter.

      (10) The provisions relating to payment of benefits to, for or on behalf of workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 ((as now or hereafter amended)) are applicable to payment of benefits to, for or on behalf of victims under this chapter.

      (11) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.

      (12) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling. Fees for such counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.

      (13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed forty thousand dollars.

      (14) Notwithstanding other provisions of this chapter and Title 51 RCW, benefits payable for total temporary disability under subsection (7) of this section, shall be limited to fifteen thousand dollars.

      (15) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.

      (16) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services or, during the 1993-95 fiscal biennium, to the extent necessary to provide matching funds for federal medicaid reimbursement.

      (17) In addition to other benefits provided under this chapter, immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide. Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992."

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

      On page 1, line 2 of the title, after "amending" strike all material through "section" and insert "RCW 7.68.035, 7.68.060, and 7.68.070; creating new sections


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 2358, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Sheldon, Senator Thibaudeau was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2358, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2358, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Zarelli - 46.

      Excused: Senators Schow, Thibaudeau and Wood - 3.

      SUBSTITUTE HOUSE BILL NO. 2358, as amended by the Senate, 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 READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219, by House Committee on Appropriations (originally sponsored by Representatives Foreman, Sheahan, Ballasiotes, Schoesler, Pennington, Mastin, Chandler, Delvin, Robertson, Campbell, Huff, Hickel, Thompson, Blanton, McMahan, Hargrove and Stevens)

 

Changing provisions relating to offenders.


      The bill was read the second time.


MOTIONS


      Senator Smith moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 5.60.060 and 1995 c 240 s 1 are each amended to read as follows:

      (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

      (2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

      (b) A parent shall not be examined as to a communication made by that parent's minor child to the child's attorney after the filing of juvenile offender criminal charges, if the parent was present at the time of the communication. This privilege does not extend to communications made prior to filing of charges.

      (3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

      (4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

      (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

      (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

      (5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

      (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

      (b) For purposes of this section, "peer support group counselor" means a:

      (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

      (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

      Sec. 2. RCW 9.94A.030 and 1995 c 268 s 2, 1995 c 108 s 1, and 1995 c 101 s 2 are each reenacted and amended to read as follows:

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

      (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

      (2) "Commission" means the sentencing guidelines commission.

      (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

      (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120(6) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

      (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

      (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

      (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

      (8) "Confinement" means total or partial confinement as defined in this section.

      (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

      (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

      (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

      (12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

      (b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

      (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

      (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

      (15) "Department" means the department of corrections.

      (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

      (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

      (18) "Drug offense" means:

      (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

      (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

      (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

      (19) "Escape" means:

      (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

      (20) "Felony traffic offense" means:

      (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

      (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

      (22)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

      (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.

      (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

      (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

      (b) Assault in the second degree;

      (c) Assault of a child in the second degree;

      (d) Child molestation in the second degree;

      (e) Controlled substance homicide;

      (f) Extortion in the first degree;

      (g) Incest when committed against a child under age fourteen;

      (h) Indecent liberties;

      (i) Kidnapping in the second degree;

      (j) Leading organized crime;

      (k) Manslaughter in the first degree;

      (l) Manslaughter in the second degree;

      (m) Promoting prostitution in the first degree;

      (n) Rape in the third degree;

      (o) Robbery in the second degree;

      (p) Sexual exploitation;

      (q) Vehicular assault;

      (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

      (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

      (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

      (24) "Nonviolent offense" means an offense which is not a violent offense.

      (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older ((or)). "Offender also means a person who is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or who is under adult criminal court jurisdiction pursuant to RCW 13.04.030. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

      (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

      (27) "Persistent offender" is an offender who:

      (a) Has been convicted in this state of any felony considered a most serious offense; and

      (b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.

      (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

      (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

      (30) "Serious traffic offense" means:

      (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

      (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

      (31) "Serious violent offense" is a subcategory of violent offense and means:

      (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

      (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

      (33) "Sex offense" means:

      (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

      (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

      (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

      (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

      (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

      (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

      (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

      (38) "Violent offense" means:

      (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

      (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

      (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

      (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

      (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

      Sec. 3. RCW 9.94A.040 and 1995 c 269 s 303 are each amended to read as follows:

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

      (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall((, following a public hearing or hearings)):

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

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

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

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

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

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

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

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

      (5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

      (6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

      (7) The commission may)) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

      (i) The purposes of this chapter as defined in RCW 9.94A.010; and

      (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

      The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

      (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity((.));

      (((8) The commission shall)) (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification((.));

      (((9) The commission may (a))) (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (((b))) (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (((c))) (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system((.)) and the juvenile justice system;

      (((10) The staff and executive officer of the commission may provide staffing and services to the juvenile disposition standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.

      (11) The commission shall)) (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, ((1997.)) 1996;

      (((12))) (f) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

      (i) Racial disproportionality in juvenile and adult sentencing;

      (ii) The capacity of state and local juvenile and adult facilities and resources; and

      (iii) Recidivism information on adult and juvenile offenders.

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

      (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

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

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

      (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

      (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

      Sec. 4. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:

      (1) The commission consists of ((sixteen)) twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, subject to confirmation by the senate.

      (2) The voting membership consists of the following:

      (a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;

      (b) The director of financial management or designee, as an ex officio member;

      (c) Until ((June 30, 1998, the chair of)) the indeterminate sentence review board ceases to exist pursuant to RCW 9.95.0011, the chair of the board, as an ex officio member;

      (d) The ((chair of the clemency and pardons board)) head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;

      (e) Two prosecuting attorneys;

      (f) Two attorneys with particular expertise in defense work;

      (g) Four persons who are superior court judges;

      (h) One person who is the chief law enforcement officer of a county or city;

      (i) ((Three)) Four members of the public who are not ((and have never been)) prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a crime victim or a crime victims' advocate;

      (j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;

      (k) One person who is an elected official of a city government;

      (l) One person who is an administrator of juvenile court services.

      In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the association of superior court judges in respect to the members who are judges, ((and)) of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a crime victim or crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.

      (3)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed. ((However, the governor shall stagger the terms by appointing four of the initial members for terms of one year, four for terms of two years, and four for terms of three years.))

      (b) The governor shall stagger the terms of the members appointed under subsection (2)(j) and (k) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.

      (4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

      (5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120, as now existing or hereafter amended. Members shall be compensated in accordance with RCW 43.03.250.

      Sec. 5. RCW 9.94A.130 and 1984 c 209 s 7 are each amended to read as follows:

      The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June 30, 1984, except for offenders sentenced under RCW 9.94A.120(((7)(a)))(8)(a), the special sexual offender sentencing alternative, or offenders sentenced under section 23 of this act, whose sentence may be suspended.

      Sec. 6. RCW 9.94A.360 and 1995 c 316 s 1 and 1995 c 101 s 1 are each reenacted and amended to read as follows:

      The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

      The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

      (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

      (2) Except as provided in subsection (4) of this section, class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

      (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

      (4) Always include juvenile convictions for sex offenses and serious violent offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

      (5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

      (6)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

      (i) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior adult offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

      (ii) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and

      (iii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

      (b) As used in this subsection (6), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

      (7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

      (8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

      (9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

      (10) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

      (11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

      (12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.

      (13) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.

      (14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

      (15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.

      (16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

      (17) If the present conviction is for a sex offense, count priors as in subsections (8) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.

      (18) If the present conviction is for an offense committed while the offender was under community placement or juvenile parole pursuant to RCW 13.40.215, add one point.

      Sec. 7. RCW 9.94A.390 and 1995 c 316 s 2 are each amended to read as follows:

      If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

      The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (1) Mitigating Circumstances

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

      (c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

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

      (f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

      (i) The presumptive sentence is clearly too lenient in light of the purposes of this chapter as expressed in RCW 9.94A.010 considering the defendant's prior unscored juvenile misdemeanor or felony adjudications.

      Sec. 8. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and 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 out-of-home placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, civil 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, civil infraction, or violation has expired; or

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic or civil 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 alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in section 9 of this act; or

      (v) 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;

      (h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and

      (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.

      (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))) (vii) 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.

      (4) A parent, guardian, or custodian who has custody of any juvenile under juvenile court jurisdiction is subject to the jurisdiction of the juvenile court for purposes of enforcing required attendance at juvenile court hearings if the parent, guardian, or custodian is served with a summons.

      NEW SECTION. Sec. 9. A new section is added to chapter 13.04 RCW to read as follows:

      (1) Any county with a population of at least two hundred thousand but less than two hundred twenty thousand that has a city with a population of at least fifty-nine thousand may authorize a pilot project to allow courts of limited jurisdiction within the county to exercise concurrent jurisdiction with the juvenile court under certain circumstances. District and municipal courts of limited jurisdiction at the local option of the county or any city or town located within the county may exercise concurrent original jurisdiction with the juvenile court over traffic or civil infractions, violations of compulsory school attendance provisions under chapter 28A.225 RCW, and misdemeanors when those offenses are allegedly committed by juveniles and:

      (a)(i) The offense, which if committed by an adult, is punishable by sanctions that do not include incarceration; or

      (ii) The offender's standard range disposition does not include more than ten days in confinement as defined in RCW 13.40.020;

      (b) The court of limited jurisdiction has a computer system that is linked to the state-wide criminal history information data system used by juvenile courts to track and record juvenile offenders' criminal history;

      (c) The county legislative authority of the county has authorized creation of concurrent jurisdiction between the court of limited jurisdiction and the juvenile court; and

      (d) The court of limited jurisdiction has an agreement with officials responsible for administering the county juvenile detention facility pursuant to RCW 13.04.035 and 13.20.060 that the court may order juveniles into the detention facility for an offense in cases in which the court finds that a disposition without confinement would be a manifest injustice.

      (2) The juvenile court shall retain jurisdiction over the offense if the juvenile is charged with another offense arising out of the same incident and the juvenile court has jurisdiction over the other offense.

      (3) Jurisdiction under this section does not constitute a decline or transfer of juvenile court jurisdiction under RCW 13.40.110.

      (4) The procedural and disposition provisions of chapter 13.40 RCW shall apply to offenses prosecuted under this section.

      (5) All diversions and adjudications entered by a court of limited jurisdiction shall be included in an offender's criminal history as provided in chapter 13.40 RCW.

      (6) The provisions of this section shall be implemented as a pilot project in the county.

      Sec. 10. RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:

      (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.

      (2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that ((both)) communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:

      (a) Protect the citizenry from criminal behavior;

      (b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

      (c) Make the juvenile offender accountable for his or her criminal behavior;

      (d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

      (e) Provide due process for juveniles alleged to have committed an offense;

      (f) Promote equitable treatment of juveniles and their families without regard to race, ethnicity, gender, creed, or religion;

      (g) Provide necessary treatment, supervision, and custody for juvenile offenders;

      (((g))) (h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;

      (((h))) (i) Provide for restitution to victims of crime;

      (((i))) (j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels; ((and

      (j))) (k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; and

      (l) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.

      Sec. 11. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and amended to read as follows:

      For the purposes of this chapter:

      (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

      (a) A class A felony, or an attempt to commit a class A felony;

      (b) Manslaughter in the first degree; or

      (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon;

      (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

      (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

      (a) Community-based sanctions;

      (b) Community-based rehabilitation;

      (c) Monitoring and reporting requirements;

      (d) Posting of a probation bond ((imposed pursuant to RCW 13.40.0357)) as provided in RCW 13.40.054;

      (4) Community-based sanctions may include one or more of the following:

      (a) A fine, not to exceed one hundred dollars;

      (b) Community service not to exceed one hundred fifty hours of service;

      (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

      (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

      (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

      (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

      (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

      (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

      (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;

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

      (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

      (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

      (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

      (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult criminal court jurisdiction pursuant to RCW 13.04.030;

      (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

      (16) "Manifest injustice" means a disposition that would ((either)) impose an excessive penalty on the juvenile ((or)), would impose a serious, and clear danger to society in light of the purposes of this chapter, or would fail to support the juvenile's need for sex offender treatment;

      (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

      (18) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

      (a) Four misdemeanors;

      (b) Two misdemeanors and one gross misdemeanor;

      (c) One misdemeanor and two gross misdemeanors; and

      (d) Three gross misdemeanors.

      For purposes of this definition, current violations shall be counted as misdemeanors;

      (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

      (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

      (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

      (22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

      (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

      (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

      (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

      (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

      (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

      (28) "Violent offense" means a violent offense as defined in RCW 9.94A.030;

      (29) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

      (30) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case.

      Sec. 12. RCW 13.40.025 and 1995 c 269 s 302 are each amended to read as follows:

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

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

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

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

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

      (6) The commission shall cease to exist on June 30, ((1997)) 1996, and its powers and duties shall be transferred to the sentencing guidelines commission established under RCW 9.94A.040.

      Sec. 13. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:

      (1) It is the responsibility of the sentencing guidelines commission to: (a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and (iii) review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; and (c) make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030. The evaluations shall be submitted to the legislature on December 1 of each even-numbered year ((thereafter)).

      (2) It is the responsibility of the department to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; and (b) ((at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c))) provide the commission and legislature with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW.

      Sec. 14. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

      (1)(((a))) The ((juvenile disposition standards)) sentencing guidelines commission shall recommend to the legislature no later than ((November 1st of each year)) July 1, 1997, disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole ((not to exceed eighteen months)). Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. ((In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

      (b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.))

      (2) ((In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

      (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

      (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

      (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.)) The commission's recommendations for new disposition standards shall result in a simplified disposition system. In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders. The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors. The commission shall consider whether juveniles prosecuted under the juvenile justice system for committing violent, sex, or repeated property offenses should be automatically prosecuted as adults when their term of confinement under the adult sentencing system is longer than their term of confinement under the juvenile system. The commission shall consider the option of allowing the prosecutor to determine in which system the juvenile should be prosecuted based on the anticipated length of confinement in both systems if the court imposes an exceptional sentence for manifest injustice above the standard range as requested by the prosecutor. The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement. The commission shall provide for the use of basic training camp programs. Alternatives to total confinement shall be considered for nonviolent offenders. The commission must also study the feasibility of creating a disposition option allowing a court to order minor/first or middle offenders into inpatient substance abuse treatment. To determine the feasibility of that option, the commission must review the number of existing beds and funding available through private, county, state, or federal resources, criteria for eligibility for funding, competing avenues of access to those beds, the current system's method of prioritizing the needs for limited bed space, the average length of stay in inpatient treatment, the costs of that treatment, and the cost effectiveness of inpatient treatment compared to outpatient treatment.

      In setting new standards, the commission must also recommend disposition and institutional options for serious or chronic offenders between the ages of fifteen and twenty-five who currently must either be released from juvenile court jurisdiction at age twenty-one or who are prosecuted as adults because the juvenile system is inadequate to address the seriousness of their crimes, their rehabilitation needs, or public safety. One option must include development of a youthful offender disposition option that combines adult criminal sentencing guidelines and juvenile disposition standards and addresses: (a) Whether youthful offenders would be under jurisdiction of the department of corrections or the department of social and health services; (b) whether current age restrictions on juvenile court jurisdiction would be modified; and (c) whether the department of social and health services or the department of corrections would provide institutional and community correctional services. The option must also recommend an implementation timeline and plan, identify funding and capital construction or improvement options to provide separate facilities for youthful offenders, and identify short and long-term fiscal impacts.

      In developing the new standards, the commission must review disposition options in other states and consult with interested parties including superior court judges, prosecutors, defense attorneys, juvenile court administrators, victims advocates, the department of corrections and the department of social and health services, and members of the legislature.

      NEW SECTION. Sec. 15. A new section is added to chapter 13.40 RCW to read as follows:

      The secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the report it submits to the legislature pursuant to this section. The report shall be submitted no later than December 15th of each year.

      Sec. 16. RCW 13.40.0357 and 1995 c 395 s 3 are each amended to read as follows:

SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY


                                                                                                       JUVENILE

    JUVENILE                                                                                DISPOSITION

   DISPOSITION                                                                                           CATEGORY FOR ATTEMPT,

      OFFENSE                                                                              BAILJUMP, CONSPIRACY,

    CATEGORY                             DESCRIPTION (RCW CITATION)     OR SOLICITATION

________.........


                                      Arson and Malicious Mischief

      A                             Arson 1 (9A.48.020)                                               B+

      B                             Arson 2 (9A.48.030)                                               C

      C                             Reckless Burning 1 (9A.48.040)            D

      D                             Reckless Burning 2 (9A.48.050)            E

      B                             Malicious Mischief 1 (9A.48.070)         C

      C                             Malicious Mischief 2 (9A.48.080)         D

      D                             Malicious Mischief 3 (<$50 is

                                      E class) (9A.48.090)                                               E

      E                             Tampering with Fire Alarm

                                      Apparatus (9.40.100)                                              E

      A                             Possession of Incendiary Device

                                      (9.40.120)                                                               B+


                                      Assault and Other Crimes

                                      Involving Physical Harm

      A                             Assault 1 (9A.36.011)                            B+

      B+                           Assault 2 (9A.36.021)                            C+

      C+                           Assault 3 (9A.36.031)                            D+

      D+                          Assault 4 (9A.36.041)                            E

      B+                           Reckless Endangerment 1 (9A.36.045)                  C+

      D+                          Reckless Endangerment

                                      (9A.36.050)                                            E

      C+                           Promoting Suicide Attempt

                                      (9A.36.060)                                            D+

      D+                          Coercion (9A.36.070)                             E

      C+                           Custodial Assault (9A.36.100)                               D+


                                      Burglary and Trespass

      B+                           Burglary 1 (9A.52.020)                          C+

      B                             Residential Burglary (9A.52.025)          C

      B                             Burglary 2 (9A.52.030)                          C

      D                             Burglary Tools (Possession of)

                                      (9A.52.060)                                            E

      D                             Criminal Trespass 1 (9A.52.070)           E

      E                             Criminal Trespass 2 (9A.52.080)           E

      D                             Vehicle Prowling (9A.52.100)                               E


                                      Drugs

      E                             Possession/Consumption of Alcohol

                                      (66.44.270)                                             E

      C                             Illegally Obtaining Legend Drug

                                      (69.41.020)                                             D

      C+                           Sale, Delivery, Possession of Legend

                                      Drug with Intent to Sell

                                      (69.41.030)                                             D+

      E                             Possession of Legend Drug

                                      (69.41.030)                                             E

      B+                           Violation of Uniform Controlled

                                      Substances Act - Narcotic Sale

                                      (69.50.401(a)(1)(i))                                                B+

      C                             Violation of Uniform Controlled

                                      Substances Act - Nonnarcotic Sale

                                      (69.50.401(a)(1)(ii))                                               C

      E                             Possession of Marihuana <40 grams

                                      (69.50.401(e))                                         E

      C                             Fraudulently Obtaining Controlled

                                      Substance (69.50.403)                            C

      C+                           Sale of Controlled Substance

                                      for Profit (69.50.410)                              C+

      E                             Unlawful Inhalation (9.47A.020)           E

      B                             Violation of Uniform Controlled

                                      Substances Act - Narcotic

                                      Counterfeit Substances

                                      (69.50.401(b)(1)(i))                                                B

      C                             Violation of Uniform Controlled

                                      Substances Act - Nonnarcotic

                                      Counterfeit Substances

                                      (69.50.401(b)(1) (ii), (iii), (iv))                               C

      C                             Violation of Uniform Controlled

                                      Substances Act - Possession of a

                                      Controlled Substance

                                      (69.50.401(d))                                         C

      C                             Violation of Uniform Controlled

                                      Substances Act - Possession of a

                                      Controlled Substance

                                      (69.50.401(c))                                         C


                                      Firearms and Weapons

      E                             Carrying Loaded Pistol Without

                                      Permit (9.41.050)                                    E

      C                             Possession of Firearms by

                                      Minor (<18) (9.41.040(1)(((e)))(b)(iv))                  C

      D+                          Possession of Dangerous Weapon

                                      (9.41.250)                                                               E

      D                             Intimidating Another Person by use

                                      of Weapon (9.41.270)                             E


                                      Homicide

      A+                          Murder 1 (9A.32.030)                            A

      A+                          Murder 2 (9A.32.050)                            B+

      B+                           Manslaughter 1 (9A.32.060)                                  C+

      C+                           Manslaughter 2 (9A.32.070)                                  D+

      B+                           Vehicular Homicide (46.61.520)            C+


                                      Kidnapping

      A                             Kidnap 1 (9A.40.020)                             B+

      B+                           Kidnap 2 (9A.40.030)                             C+

      C+                           Unlawful Imprisonment

                                      (9A.40.040)                                            D+


                                      Obstructing Governmental Operation

      E                             Obstructing a Law Enforcement Officer

                                      (9A.76.020)                                            E

      E                             Resisting Arrest (9A.76.040)                                  E

      B                             Introducing Contraband 1

                                      (9A.76.140)                                            C

      C                             Introducing Contraband 2

                                      (9A.76.150)                                            D

      E                             Introducing Contraband 3

                                      (9A.76.160)                                            E

      B+                           Intimidating a Public Servant

                                      (9A.76.180)                                            C+

      B+                           Intimidating a Witness

                                      (9A.72.110)                                            C+


                                      Public Disturbance

      C+                           Riot with Weapon (9A.84.010)                              D+

      D+                          Riot Without Weapon

                                      (9A.84.010)                                            E

      E                             Failure to Disperse (9A.84.020)                             E

      E                             Disorderly Conduct (9A.84.030)            E


                                      Sex Crimes

      A                             Rape 1 (9A.44.040)                                                B+

      A-                           Rape 2 (9A.44.050)                                                B+

      C+                           Rape 3 (9A.44.060)                                                D+

      A-                           Rape of a Child 1 (9A.44.073)                               B+

      B                             Rape of a Child 2 (9A.44.076)                               C+

      B                             Incest 1 (9A.64.020(1))                          C

      C                             Incest 2 (9A.64.020(2))                          D

      D+                          Indecent Exposure

                                      (Victim <14) (9A.88.010)                      E

      E                             Indecent Exposure

                                      (Victim 14 or over) (9A.88.010)            E

      B+                           Promoting Prostitution 1

                                      (9A.88.070)                                            C+

      C+                           Promoting Prostitution 2

                                      (9A.88.080)                                            D+

      E                             O & A (Prostitution) (9A.88.030)          E

      B+                           Indecent Liberties (9A.44.100)                               C+

      B+                           Child Molestation 1 (9A.44.083)            C+

      C+                           Child Molestation 2 (9A.44.086)            C

      C                             Failure to Register

                                      (For Class A Felony) (9A.44.130)          D

      D                             Failure to Register

                                      (For Class B Felony or Less)

                                      (9A.44.130)                                            E


                                      Theft, Robbery, Extortion, and Forgery

      B                             Theft 1 (9A.56.030)                                                C

      C                             Theft 2 (9A.56.040)                                                D

      D                             Theft 3 (9A.56.050)                                                E

      B                             Theft of a Firearm (9A.56.300)                              C

      B                             Theft of Livestock (9A.56.080)                              C

      C                             Forgery (9A.60.020)                                               D

      A                             Robbery 1 (9A.56.200)                           B+

      B+                           Robbery 2 (9A.56.210)                           C+

      B+                           Extortion 1 (9A.56.120)                         C+

      C+                           Extortion 2 (9A.56.130)                         D+

      B                             Possession of Stolen Property 1

                                      (9A.56.150)                                            C

      C                             Possession of Stolen Property 2

                                      (9A.56.160)                                            D

      D                             Possession of Stolen Property 3

                                      (9A.56.170)                                            E

      C                             Taking Motor Vehicle Without

                                      Owner's Permission (9A.56.070)            D


                                      Motor Vehicle Related Crimes

      E                             Driving Without a License

                                      (46.20.021)                                             E

      C                             Hit and Run - Injury

                                      (46.52.020(4))                                         D

      D                             Hit and Run-Attended

                                      (46.52.020(5))                                         E

      E                             Hit and Run-Unattended

                                      (46.52.010)                                             E

      C                             Vehicular Assault (46.61.522)                                D

      C                             Attempting to Elude Pursuing

                                      Police Vehicle (46.61.024)                     D

      E                             Reckless Driving (46.61.500)                                 E

      D                             Driving While Under the Influence

                                      (46.61.502 and 46.61.504)                      E

      D                             Vehicle Prowling (9A.52.100)                               E

      C                             Taking Motor Vehicle Without

                                      Owner's Permission (9A.56.070)            D


                                      Other

      B                             Bomb Threat (9.61.160)                         C

      C                             Escape 11 (9A.76.110)                           C

      C                             Escape 21 (9A.76.120)                           C

      D                             Escape 3 (9A.76.130)                             E

      C                             Stalking (Repeat) (9A.46.110)                               D

      D                             Stalking (1st Time) (9A.46.110)                            E

      E                             Obscene, Harassing, Etc.,

                                      Phone Calls (9.61.230)                           E

      A                             Other Offense Equivalent to an

                                      Adult Class A Felony                             B+

      B                             Other Offense Equivalent to an

                                      Adult Class B Felony                             C

      C                             Other Offense Equivalent to an

                                      Adult Class C Felony                             D

      D                             Other Offense Equivalent to an

                                      Adult Gross Misdemeanor                     E

      E                             Other Offense Equivalent to an

                                      Adult Misdemeanor                                                E

      V                             Violation of Order of Restitution,

                                      Community Supervision, or

                                      Confinement2 (13.40.200)((2))                                V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


      1st escape or attempted escape during 12-month period - 4 weeks confinement

      2nd escape or attempted escape during 12-month period - 8 weeks confinement

      3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

 

SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR


      For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


TIME SPAN


  OFFENSE                                     0-12                                       13-24                      25 Months

  CATEGORY                               Months                                   Months                    or More

______________.....

      A+                                          .9                                             .9                             .9

      A                                             .9                                             .8                             .6

      A-                                           .9                                             .8                             .5

      B+                                           .9                                             .7                             .4

      B                                             .9                                             .6                             .3

      C+                                           .6                                             .3                             .2

      C                                             .5                                             .2                             .2

      D+                                          .3                                             .2                             .1

      D                                             .2                                             .1                             .1

      E                                             .1                                             .1                             .1


Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).

 

SCHEDULE C

CURRENT OFFENSE POINTS


      For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


AGE


OFFENSE                     12 &

CATEGORY                Under      13             14                          15                            16             17

________________.

      A+                                          STANDARD RANGE 180-224 WEEKS

      A                             250                          300           350        375                          375           375

      A-                           150                          150           150        200                          200           200

      B+                           110                          110           120        130                          140           150

      B                              45                            45            50          50                            57            57

      C+                            44                            44            49          49                            55            55

      C                              40                            40            45          45                            50            50

      D+                           16                            18            20          22                            24            26

      D                              14                            16            18          20                            22            24

      E                              4                             4             4           6                             8             10

 

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1


This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A((,)) or B((, or C)).


MINOR/FIRST OFFENDER


OPTION A

STANDARD RANGE


                                                                                      Community

                           Community                                        Service

Points                 Supervision                        Hours                                      Fine

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

((1-9                   0-3 months                         and/or 0-8                               and/or 0-$10

10-19                  0-3 months                         and/or 0-8                               and/or 0-$10

20-29                  0-3 months                         and/or 0-16                             and/or 0-$10

30-39                  0-3 months                         and/or 8-24                             and/or 0-$25

40-49                  3-6 months                         and/or 16-32                           and/or 0-$25

50-59                  3-6 months                         and/or 24-40                           and/or 0-$25

60-69                  6-9 months                         and/or 32-48                           and/or 0-$50

70-79                  6-9 months                         and/or 40-56                           and/or 0-$50

80-89                  9-12 months                       and/or 48-64                           and/or 10-$100

90-109                9-12 months                       and/or 56-72                           and/or 10-$100))

1-109                  0-12 months                       and/or 0-150                           and/or 0-$100


((OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine))

Posting of a Probation Bond


((A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.))


OR


OPTION ((C)) B

MANIFEST INJUSTICE


When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.

 

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2


This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.


MIDDLE OFFENDER


OPTION A

STANDARD RANGE


                                                                      Community

                           Community        Service                                                                                                                                        Confinement

Points                 Supervision        Hours                      Fine                                                                                                        Days ((Weeks))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

((1-9                   0-3 months         and/or 0-8               and/or 0-$10                                                                                                       and/or 0

10-19                  0-3 months         and/or 0-8               and/or 0-$10                                                                                                       and/or 0

20-29                  0-3 months         and/or 0-16             and/or 0-$10                                                                                                       and/or 0

30-39                  0-3 months         and/or 8-24             and/or 0-$25                                                                                                    and/or 2-4

40-49                  3-6 months         and/or 16-32           and/or 0-$25                                                                                                    and/or 2-4

50-59                  3-6 months         and/or 24-40           and/or 0-$25                                                                                                  and/or 5-10

60-69                  6-9 months         and/or 32-48           and/or 0-$50                                                                                                  and/or 5-10

70-79                  6-9 months         and/or 40-56           and/or 0-$50                                                                                                and/or 10-20

80-89                  9-12 months       and/or 48-64           and/or 0-$100                                                                                              and/or 10-20

90-109                9-12 months       and/or 56-72           and/or 0-$100                                                                                           and/or 15-30))

1-109                  0-12 months       and/or 0-150           and/or 0-$100                                                                                                and/or 0-30

Weeks

110-129                                                                                                                                                                                                           8-12

130-149                                                                                                                                                                                                         13-16

150-199                                                                                                                                                                                                         21-28

200-249                                                                                                                                                                                                         30-40

250-299                                                                                                                                                                                                         52-65

300-374                                                                                                                                                                                                       80-100

375+                                                                                                                                                                                                         103-129


Middle offenders with 110 points or more do not have to be committed to the department. They may be assigned community supervision under option B.


For all determinate dispositions of up to 30 days confinement for middle offenders with fewer than 110 points, the court shall state its reasons in writing why confinement is used.


All A+ offenses 180-224 weeks

OR


OPTION B

STATUTORY OPTION

OFFENDERS WITH 110 POINTS OR MORE


((0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

Posting of a Probation Bond))


If the offender has ((less than)) 110 points or more, the court may impose ((a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150)) an option B disposition as provided in RCW 13.40.160(4)(b).

      ((If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.))

OR


OPTION C

MANIFEST INJUSTICE

ALL MIDDLE OFFENDERS


If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.


JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


                           Points                                                                 Institution Time


                           0-129                                                 8-12 weeks

                           130-149                                             13-16 weeks

                           150-199                                             21-28 weeks

                           200-249                                             30-40 weeks

                           250-299                                             52-65 weeks

                           300-374                                             80-100 weeks

                           375+                                                  103-129 weeks

                           All A+ 

                           Offenses                                             180-224 weeks


OR


OPTION B

MANIFEST INJUSTICE


A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision including posting a probation bond or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.

      Sec. 17. RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:

      The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody or abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.

      Sec. 18. RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows:

      (1) When a juvenile taken into custody is held in detention:

      (a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and

      (b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.

      (2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, ((and)) stating the right to counsel, and requiring attendance, shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.

      (3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.

      (4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.

      (5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 ((as now or hereafter amended)).

      (6) If detention is not necessary under RCW 13.40.040, ((as now or hereafter amended,)) the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:

      (a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;

      (b) Place restrictions on the travel of the juvenile during the period of release;

      (c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;

      (d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;

      (e) Require that the juvenile return to detention during specified hours; or

      (f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4).

      (7) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.

      (8) If the parent, guardian, or custodian notified as provided in this section fails without reasonable cause to appear, that person may be proceeded against as for contempt of court for failing to appear.

      Sec. 19. RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:

      (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.

      (2) For juveniles whose standard range disposition would include confinement in excess of thirty days, the case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing. All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.

      (3) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order. The court of the receiving county has jurisdiction to modify and enforce the disposition order.

      (4) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun.

      Sec. 20. RCW 13.40.080 and 1994 sp.s. c 7 s 544 are each amended to read as follows:

      (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

      (2) A diversion agreement shall be limited to one or more of the following:

      (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

      (b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay. The diversion contract must specify the full amount of restitution due even if the juvenile does not have the means or potential to pay the full amount;

      (c) Attendance at ((up to ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions at a community agency for a specified period of time as determined by the diversion unit. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at ((up to ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions;

      (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

      (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

      (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

      (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

      (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

      (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

      (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

      (b) Violation of the terms of the agreement shall be the only grounds for termination;

      (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

      (i) Written notice of alleged violations of the conditions of the diversion program; and

      (ii) Disclosure of all evidence to be offered against the divertee;

      (d) The hearing shall be conducted by the juvenile court and shall include:

      (i) Opportunity to be heard in person and to present evidence;

      (ii) The right to confront and cross-examine all adverse witnesses;

      (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

      (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

      (e) The prosecutor may file an information on the offense for which the divertee was diverted:

      (i) In juvenile court if the divertee is under eighteen years of age; or

      (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

      (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

      (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

      (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

      (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

      The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

      (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

      (a) The fact that a charge or charges were made;

      (b) The fact that a diversion agreement was entered into;

      (c) The juvenile's obligations under such agreement;

      (d) Whether the alleged offender performed his or her obligations under such agreement; and

      (e) The facts of the alleged offense.

      (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

      (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

      (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

      (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

      (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

      Sec. 21. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

      (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

      (a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; ((or))

      (b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or

      (c) The information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age twenty-one.

      (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

      (3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

      (4) If the court finds that declination of jurisdiction is appropriate it may, in lieu of transferring the respondent for adult criminal prosecution, classify the offender as a youthful offender and retain the offender in juvenile court. The court may classify an offender as a youthful offender only if he or she is under fifteen years of age and the standard range that the offender could receive if remanded for adult criminal prosecution exceeds incarceration past the age of twenty-one.

      NEW SECTION. Sec. 22. A new section is added to chapter 13.40 RCW to read as follows:

      At an adjudicatory hearing, a person classified as a youthful offender under RCW 13.40.110(4) is entitled to all the rights that by court rule, statute, and the state and federal constitutions are guaranteed to an offender who is similarly charged in adult court.

      NEW SECTION. Sec. 23. A new section is added to chapter 13.40 RCW to read as follows:

      (1) At a disposition hearing, the court shall impose both an adult and a juvenile sentence on a person classified as a youthful offender under RCW 13.40.110(4). The adult sentence shall be determined according to the sentencing reform act, chapter 9.94A RCW. The adult sentence shall be suspended conditioned upon the youthful offender's compliance with the conditions and terms of the juvenile sentence. The juvenile sentence shall be confinement with the department until age twenty-one.

      (2) The court may, on application by the department, remand the youthful offender to the department of corrections to begin serving the offender's adult sentence if, at any time while the offender is serving the offender's juvenile sentence, the offender: Refuses to meaningfully participate in rehabilitative programs made available to the offender by the department; reoffends; or constitutes a serious threat to the physical safety of others. The offender may also be remanded to the department of corrections to begin serving the offender's adult sentence if the department petitions and the court finds that the offender is not likely to benefit from the services the department has to offer.

      (3) Unless previously remanded to the department of corrections to begin serving the offender's adult sentence, the youthful offender shall, no sooner than three months before the offender's twenty-first birthday, appear before the sentencing court to determine compliance with the juvenile sentence.

      (4) After the hearing the court shall remand the youthful offender to the department of corrections to begin serving the offender's adult sentence unless the sentencing court finds by a preponderance of evidence that the offender:

      (a) Has meaningfully participated in the rehabilitative programs made available by the department;

      (b) Is not likely to reoffend upon release; and

      (c) Does not pose a serious threat to the physical safety of others.

      If the court makes these findings by a preponderance of evidence, then it shall release the youthful offender from the suspended adult sentence.

      (5) When the juvenile is released from the suspended adult sentence the court shall, as a condition of that release, order the offender to serve twenty-four months of community placement to be supervised by the department of corrections. The court shall order conditions of community placement as provided for in RCW 9.94A.120(8). All provisions of chapter 9.94A RCW dealing with community placement shall be applicable to these offenders.

      (6) Only the youthful offender's adult sentence shall be considered when determining under chapter 9.94A RCW an appropriate sentence for future adult offenses.

      NEW SECTION. Sec. 24. A new section is added to chapter 13.40 RCW to read as follows:

      If at any time a person classified as a youthful offender under RCW 13.40.110(4) is remanded to begin serving an adult sentence, the youthful offender shall be given credit for all incarceration time served on the juvenile sentence.

      Sec. 25. RCW 13.40.120 and 1981 c 299 s 9 are each amended to read as follows:

      All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court. The court, if possible, shall hold hearings during nonstandard hours and take such other actions as are necessary to facilitate parental participation.

      Sec. 26. RCW 13.40.125 and 1995 c 395 s 6 are each amended to read as follows:

      (1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for ((adjudication)) disposition for a period not to exceed one year from the date ((the motion is granted)) of entry of a plea of guilty or a finding of guilt following a hearing under subsection (5) of this section. The court may continue the case for an additional one-year period for good cause.

      (2) Any juvenile granted a deferral of ((adjudication)) disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

      (3) Upon full compliance with conditions of supervision, the respondent's adjudication shall be vacated and the court shall dismiss the case with prejudice.

      (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of ((adjudication and proceed to)) disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. A parent who signed for a probation bond or deposited cash may notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision.

      (5) If the juvenile agrees to a deferral of ((adjudication)) disposition, the juvenile shall waive all rights:

      (a) To a speedy trial and disposition;

      (b) To call and confront witnesses; and

      (c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.

      (6) A juvenile is not eligible for a deferred ((adjudication)) disposition if:

      (a) The juvenile's current offense is a sex or violent offense;

      (b) The juvenile's criminal history includes any felony;

      (c) The juvenile has a prior deferred ((adjudication)) disposition; or

      (d) The juvenile has had more than two diversions.

      Sec. 27. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

      (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.

      (2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of any juvenile described in the charging document of the date, time, and place of the dispositional or adjudicatory hearing, and require attendance.

      (3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.

      (4) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.

      (5) If the respondent is found not guilty he or she shall be released from detention.

      (6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be notified by mail of the time and place of the continued hearing.

      (7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.

      (8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

      (9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.

      (10) If the parent, guardian, or custodian notified as provided in this section fails without reasonable cause to appear, that person may be proceeded against as for contempt of court for failing to appear.

      NEW SECTION. Sec. 28. A new section is added to chapter 13.40 RCW to read as follows:


RECOMMENDED PROSECUTING STANDARDS

FOR CHARGING AND PLEA DISPOSITIONS


      INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.

      Evidentiary sufficiency. (1) Decision not to prosecute.

      STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.

      GUIDELINES/COMMENTARY:

      Examples

      The following are examples of reasons not to prosecute which could satisfy the standard.

      (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

      (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

      (i) It has not been enforced for many years; and

      (ii) Most members of society act as if it were no longer in existence; and

      (iii) It serves no deterrent or protective purpose in today's society; and

      (iv) The statute has not been recently reconsidered by the legislature.

      This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

      (c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

      (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

      (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

      (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

      (iii) Conviction of the new offense would not serve any significant deterrent purpose.

      (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

      (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

      (ii) Conviction in the pending prosecution is imminent;

      (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

      (iv) Conviction of the new offense would not serve any significant deterrent purpose.

      (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases.

      (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.

      (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

      (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

      (i) Assault cases where the victim has suffered little or no injury;

      (ii) Crimes against property, not involving violence, where no major loss was suffered;

      (iii) Where doing so would not jeopardize the safety of society.

      Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

      The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

      Notification

      The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

      (2) Decision to prosecute.

      STANDARD:

      Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved pursuant to RCW 13.40.160(5).

      Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

      The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.440(2).

      The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.

      Selection of Charges/Degree of Charge

      (1) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

      (a) Will significantly enhance the strength of the state's case at trial; or

      (b) Will result in restitution to all victims.

      (2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

      (a) Charging a higher degree;

      (b) Charging additional counts.

      This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

      The selection of charges and/or the degree of the charge shall not be influenced by the race, gender, religion, or creed of the respondent.

      GUIDELINES/COMMENTARY:

      Police Investigation

      A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

      (1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

      (2) The completion of necessary laboratory tests; and

      (3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

      If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

      Exceptions

      In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

      (1) Probable cause exists to believe the suspect is guilty; and

      (2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

      (3) The arrest of the suspect is necessary to complete the investigation of the crime.

      In the event that the exception that the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

      Investigation Techniques

      The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

      (1) Polygraph testing;

      (2) Hypnosis;

      (3) Electronic surveillance;

      (4) Use of informants.

      Prefiling Discussions with Defendant

      Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

      PLEA DISPOSITIONS:

      Standard

      (1) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.

      (2) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:

      (a) Evidentiary problems which make conviction of the original charges doubtful;

      (b) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;

      (c) A request by the victim when it is not the result of pressure from the respondent;

      (d) The discovery of facts which mitigate the seriousness of the respondent's conduct;

      (e) The correction of errors in the initial charging decision;

      (f) The respondent's history with respect to criminal activity;

      (g) The nature and seriousness of the offense or offenses charged;

      (h) The probable effect of witnesses.

      (3) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent. This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as "Option B," the Special Sex Offender Disposition Alternative, and manifest injustice.

      DISPOSITION RECOMMENDATIONS:

      Standard

      The prosecutor may reach an agreement regarding disposition recommendations.

      The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.

      Sec. 29. RCW 13.40.150 and 1995 c 268 s 5 are each amended to read as follows:

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

      (2) For purposes of disposition:

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

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

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

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

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

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

      (c) Consider any predisposition reports;

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

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

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

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

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

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

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

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

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

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

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

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

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

      (iii) The victim or victims were particularly vulnerable;

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

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

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

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

      (viii) The respondent is a sex offender eligible for the special sex offender disposition alternative under RCW 13.40.160(5) and the court finds that a longer disposition is necessary to provide an incentive to comply with the terms of the disposition.

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

      (a) The sex of the respondent;

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

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

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

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

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

      Sec. 30. RCW 13.40.160 and 1995 c 395 s 7 are each amended to read as follows:

      (1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

      If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

      A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

      (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A ((or option B)) of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option ((C)) (B) of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

      Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230 by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230.

      (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

      (4) If a respondent is found to be a middle offender:

      (a) The court shall impose a determinate disposition within the standard range(((s))) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

      (b) ((If the middle offender has less than 110 points, the court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150.)) (i) If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition and impose a determinate disposition of community supervision for a period of up to one year or the maximum term allowed by the standard range whichever is longer, on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150. If the offender violates any condition of the disposition including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked; or

      (ii) If the respondent is a middle offender with 110 points or more the court may impose the special disposition option under section 32 of this act.

      (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

      (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230 by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230.

      (5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

      The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

      The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community.

      (a) A proposed treatment plan shall be provided and shall include, at a minimum:

      (((a)))(i) Frequency and type of contact between the offender and therapist;

      (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

      (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

      (iv) Anticipated length of treatment; and

      (v) Recommended crime-related prohibitions.

      The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

      After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, ((and)) or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition pursuant to option B of schedule D-1, option C of schedule D-2, or option B of schedule D-3 as appropriate.

      For either a standard range disposition or a manifest injustice disposition the court may suspend the execution of the disposition and place the offender on community supervision for up to two years.

      (b) As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

      (((b)))(i) Devote time to a specific education, employment, or occupation;

      (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

      (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

      (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

      (v) Report as directed to the court and a probation counselor;

      (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof;

      (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or

      (viii) Comply with the conditions of any court-ordered probation bond.

      The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

      At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

      Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

      If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

      For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

      (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(((e)))(b)(iv) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

      (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

      (8) Except as provided for in subsection (4)(b) or (5) of this section or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.

      (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

      NEW SECTION. Sec. 31. A new section is added to chapter 13.40 RCW to read as follows:

      When the court finds a manifest injustice, imposes a sentence of confinement exceeding thirty days, and sets the maximum term, the department shall determine the range subject to the following limitations:

      (1) When the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

      (2) When the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

      (3) When the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

      NEW SECTION. Sec. 32. A new section is added to chapter 13.40 RCW to read as follows:

      (1) When a middle offender with one hundred ten points or more is found to have committed an offense that is not a violent or sex offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment.

      (2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

      (3) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

      (a) Whether inpatient and/or outpatient treatment is recommended;

      (b) Availability of appropriate treatment;

      (c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

      (d) Anticipated length of treatment;

      (e) Recommended crime-related prohibitions; and

      (f) Whether the respondent is amenable to treatment.

      (4) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

      (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependent disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

      (b) If the court determines that this chemical dependent disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community service, and payment of legal financial obligations and restitution.

      (6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

      At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

      If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

      (7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

      (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

      (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

      Sec. 33. RCW 13.40.190 and 1995 c 33 s 5 are each amended to read as follows:

      (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses ((which, pursuant to)) that, under a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment ((which)) that is imposed ((pursuant to)) under the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all ((such)) the participants ((shall be)) are jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay ((such)) the restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived. In all cases, the court must indicate the full amount of restitution due, and the amount, if any, the respondent is required to pay.

      (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

      (3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

      (4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.

      Sec. 34. RCW 13.40.210 and 1994 sp.s. c 77 s 527 are each amended to read as follows:

      (1) ((The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.)) (a) When a juvenile is committed to a term of confinement in a state institution, the secretary shall review the sentencing court's finding of the rehabilitative goals to be achieved by the juvenile during the term of confinement. The department shall provide rehabilitative resources, including but not limited to education, vocational training, substance abuse treatment, and counseling, to permit the juvenile to achieve these rehabilitative goals.

      (b) After expiration of no more than sixty percent of the juvenile's commitment range, the department shall provide a report containing an evaluation of the juvenile's behavior and performance during commitment. This report shall specifically describe the juvenile's progress toward achieving the designated rehabilitative goals.

      (c) The department shall provide this report to the committing court. The court, after considering the department's report, shall determine a release or discharge date for the juvenile, which date shall fall on or before expiration of the original term of commitment. If a substantial change in the juvenile's behavior occurs after the setting of the release or discharge date, the department may submit an updated report to the committing court. The committing court may change the release or discharge date based upon the updated report. Nothing in this subsection requires the court to hold a hearing in setting the release or discharge date.

      (d) Nothing in this section entitles a juvenile to release prior to the expiration of the term of confinement imposed by the court.

      (e) The department shall establish by rule standards of good behavior, good performance, and progress toward rehabilitative goals.

      (f) After the court determines a release date, the court shall notify the secretary by mail, and the secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

      (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

      (3) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary believes that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical ((or)), psychiatric ((treatment)), drug and alcohol, mental health, and other offense-related treatment services; (b) report as directed to a parole officer and/or designee; (c) pursue a course of study ((or)), vocational training, or employment; ((and)) (d) notify the parole officer of the current address where he or she resides; (e) be present at a particular address during specified hours; (f) remain within prescribed geographical boundaries ((and notify the department of any change in his or her address)); (g) submit to electronic monitoring; (h) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; and (i) refrain from contact with specific individuals or a specified class of individuals. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

      (4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement ((in an institution)) for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

      (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

      (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

      (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

      Sec. 35. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

      (1) For purposes of this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

      (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040, 13.40.027, 13.40.030, and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

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

      Sec. 36. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:

      (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

      (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

      (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

      (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

      (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

      (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

      (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

      (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

      (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

      (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

      (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

      (a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;

      (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and

      (c) No proceeding is pending seeking the formation of a diversion agreement with that person.

      (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

      (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

      (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.

      (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense, a violent offense, or a sex offense as defined in RCW 9.94A.030.

      (16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

      (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

      (a) The person making the motion is at least twenty-three years of age;

      (b) The person has not subsequently been convicted of a felony;

      (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and

      (d) The person has never been found guilty of a serious offense.

      (18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

      (19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

      (20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

      (21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

      (22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

      (23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

      (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

      (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

      (24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

      (25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.

      NEW SECTION. Sec. 37. A new section is added to chapter 28A.225 RCW to read as follows:

      References to juvenile court in this chapter mean, in addition to the juvenile court of the superior court, courts of limited jurisdiction that have acquired jurisdiction pursuant to RCW 13.04.030(1)(e)(iv) or section 9 of this act over juveniles who violate the provisions of this chapter. If a court of limited jurisdiction has jurisdiction over juveniles who violate this chapter, that court also has jurisdiction over parents charged with violations of this chapter.

      Sec. 38. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

      The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. The municipal court shall also have jurisdiction over juvenile offenses prosecuted pursuant to chapter 13.40 RCW if the court has acquired jurisdiction pursuant to RCW 13.04.030(1)(e)(iv) or section 9 of this act. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts.

      Sec. 39. RCW 72.09.300 and 1994 sp.s. c 7 s 542 are each amended to read as follows:

      (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

      (2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

      (3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

      (a) A description of current jail conditions, including whether the jail is overcrowded;

      (b) A description of potential alternatives to incarceration;

      (c) A description of current jail resources;

      (d) A description of the jail population as it presently exists and how it is projected to change in the future;

      (e) A description of projected future resource requirements;

      (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

      (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

      (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

      (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

      (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

      (5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

      (6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

      (7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

      (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

      (9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

      (a) Monitoring and reporting to the ((juvenile disposition standards)) sentencing guidelines commission on the proportionality, effectiveness, and cultural relevance of:

      (i) The rehabilitative services offered by county and state institutions to juvenile offenders; and

      (ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;

      (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

      (c) By September 1 of each year, beginning with 1995, submit to the ((juvenile disposition standards)) sentencing guidelines commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.

      NEW SECTION. Sec. 40. Sections 2, 5 through 9, 11, 16, 20 through 24, 29, 30, 32, 33, 37, and 38 of this act apply only to offenses committed on or after the effective date of this section.

      NEW SECTION. Sec. 41. (1) Sections 13 and 14 of this act shall take effect June 30, 1996.

      (2) Sections 1 through 3, 5 through 12, and 15 through 40 of this act shall take effect July 1, 1996.

      (3) Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      Sec. 42. 1995 c 269 s 3603 (uncodified) is amended to read as follows:

      Section 301 of this act shall take effect June 30, ((1997)) 1996.

      NEW SECTION. Sec. 43. Sections 9, 37, and 38 of this act shall expire June 30, 1998.

      NEW SECTION. Sec. 44. 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. 45. If specific funding for the purposes of section 34 of this act, referencing section 34 of this act by bill and section number,             is not provided by June 30, 1996, in the omnibus appropriations act, section 34 of this act shall be null and void."


      On motion of Senator Long, the following amendment to the Committee on Ways and Means striking amendment was adopted:

      On page 22, after line 14 of the amendment, insert the following:

      "NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 RCW to read as follows:

      (1) A person is guilty of rape of a child in the fourth degree when the person has sexual intercourse with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least ten years older than the victim.

      (2) Rape of a child in the fourth degree is a gross misdemeanor.

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

      (1) A person is guilty of child molestation in the fourth degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least sixteen years old but less than eighteen years old and not married to the perpetrator and the perpetrator is at least ten years older than the victim.

      (2) Child molestation in the fourth degree is a gross misdemeanor.

      NEW SECTION. Sec. 10. A new section is added to chapter 9A.44 RCW to read as follows:

      In a prosecution under sections 8 or 9 of this act, it is an affirmative defense that the defendant must prove by a preponderance of the evidence, that the defendant did not know that the minor was sixteen or seventeen years of age."

      Renumber the sections consecutively and correct any internal references accordingly.


MOTION


      On motion of Senator Smith, the following amendments to the Committee on Ways and Means striking amendment were considered simultaneously and were adopted:

      On page 44, after line 15 of the amendment, insert the following:

"A minor/first offender receiving an option A disposition may also be required to serve 0-10 days in confinement. The court may suspend the confinement on the condition that the offender comply with the terms of community supervision."

      On page 68, line 5 of the amendment, after "section." insert "A minor/first offender receiving an option A disposition may also be required to serve 0-10 days in confinement. The court may suspend the confinement on the condition that the offender comply with the terms of community supervision."

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Engrossed Second Substitute House Bill No. 2219.

      The committee striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 5.60.060, 9.94A.040, 9.94A.060, 9.94A.130, 9.94A.390, 13.40.010, 13.40.025, 13.40.027, 13.40.030, 13.40.0357, 13.40.045, 13.40.050, 13.40.060, 13.40.080, 13.40.110, 13.40.120, 13.40.125, 13.40.130, 13.40.150, 13.40.160, 13.40.190, 13.40.210, 13.50.010, 13.50.050, 35.20.030, and 72.09.300; amending 1995 c 269 s 3603 (uncodified); reenacting and amending RCW 9.94A.030, 9.94A.360, 13.04.030, and 13.40.020; adding a new section to chapter 13.04 RCW; adding new sections to chapter 13.40 RCW; adding a new section to chapter 28A.225 RCW; creating new sections; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency."

      On page 90, line 31 of the title amendment, after "13.40.020;" insert "adding new sections to chapter 9A.44 RCW;"

      On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute House Bill No. 2219, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Sheldon, Senator Snyder was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2219, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2219, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator McDonald - 1.

      Excused: Senator Snyder - 1.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219, as amended by the Senate, 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 READING


      FOURTH SUBSTITUTE HOUSE BILL NO. 2009, by House Committee on Appropriations (originally sponsored by Representatives Casada, Huff, Campbell, Clements, Goldsmith, Elliot, Pelesky, Backlund, Reams, Smith, Delvin, Blanton and Beeksma)

 

Eliminating the state energy office.


      The bill was read the second time.


MOTION


      Senator Sutherland moved that the following Committee on Energy, Telecommunications and Utilities amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds responsibilities of state government need to be limited to core services in support of public safety and welfare. Services provided by the Washington state energy office are primarily advisory and can be eliminated. The legislature further finds a need to redefine the state's role in energy-related regulatory functions. The state may be better served by allowing regulatory functions to be performed by other appropriate entities, simplifying state government while maintaining core services. Further, it is the intent of the legislature that the state continue to receive oil overcharge restitution funds for our citizens while every effort is being made to maximize federal funds available for energy conservation purposes.


PART I

FUNCTIONS OF THE DEPARTMENT OF COMMUNITY, TRADE,

AND ECONOMIC DEVELOPMENT


      NEW SECTION. Sec. 101. A new section is added to chapter 43.330 RCW to read as follows:

      (1) All powers, duties, and functions of the state energy office relating to energy resource policy and planning and energy facility siting are transferred to the department of community, trade, and economic development. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the department of community, trade, and economic development when referring to the functions transferred in this section.

      The director shall appoint an assistant director for energy policy, and energy policy staff shall have no additional responsibilities beyond activities concerning energy policy.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of community, trade, and economic development. All cabinets, furniture, office equipment, software, data base, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of community, trade, and economic development.

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

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

      (3) All employees of the state energy office engaged in performing the powers, functions, and duties pertaining to the energy facility site evaluation council are transferred to the jurisdiction of the department of community, trade, and economic development. All employees engaged in energy facility site evaluation council duties classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of community, trade, and economic development to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of community, trade, and economic development. All existing contracts and obligations shall remain in full force and shall be performed by the department of community, trade, and economic development.

      (5) The transfer of the powers, duties, and functions of the state energy office does not affect the validity of any act performed before the effective date of this section.

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

      (7) The department of community, trade, and economic development shall direct the closure of the financial records of the state energy office.

      (8) Responsibility for implementing energy education, applied research, and technology transfer programs rests with Washington State University. The department of community, trade, and economic development shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a minimum period of five years to carry out energy programs under an interagency agreement with the department of community, trade, and economic development. The interagency agreement shall also outline the working relationship between the department of community, trade, and economic development and Washington State University as it pertains to the relationship between energy policy development and public outreach. Nothing in chapter . . . ., Laws of 1996 (this act) prohibits Washington State University from seeking grant, contract, or fee-for-service funding for energy or related programs directly from other entities.

      Sec. 102. RCW 43.21F.025 and 1994 c 207 s 2 are each amended to read as follows:

      (1) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;

      (2) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however organized;

      (3) "Director" means the director of the ((state energy office)) department of community, trade, and economic development;

      (4) (("Office" means the Washington state energy office)) "Assistant director" means the assistant director of the department of community, trade, and economic development responsible for energy policy activities;

      (5) "Department" means the department of community, trade, and economic development;

      (((5))) (6) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state; and

      (((6))) (7) "State energy strategy" means the document and energy policy direction developed under section 1, chapter 201, Laws of 1991 including any related appendices.

      Sec. 103. RCW 43.21F.045 and 1994 c 207 s 4 are each amended to read as follows:

      ((The energy office shall have the following duties:

      (1) The office shall)) (1) The department shall supervise and administer energy-related activities as specified in section 101 of this act and shall advise the governor and the legislature with respect to energy matters affecting the state.

      (2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:

      (a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The ((office)) department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The ((office)) department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.

      (((2) The office shall)) (b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:

      (((a))) (i) Supply, demand, costs, utilization technology, projections, and forecasts;

      (((b))) (ii) Comparative costs of alternative energy sources, uses, and applications; and

      (((c))) (iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.

      (((3) The office shall)) (c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.

      (((4) The office shall)) (d) Develop energy policy recommendations for consideration by the governor and the legislature.

      (((5) The office shall)) (e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council. To the extent consistent with federal law, the ((office)) director shall request that Washington's council members request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).

      (((6) The office shall)) (f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.

      (((7) The office shall represent the interests of the state in the siting, construction, and operation of nuclear waste storage and disposal facilities.

      (8) The office shall)) (g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.

      (((9))) (h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, ((the office shall)) prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.

      (((10) The office shall)) (i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.

      (((11) The office shall)) (j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.

      (((12) The office shall)) (k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.

      (((13) The office shall)) (l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.

      (m) Appoint staff as may be needed to administer energy policy functions and manage energy facility site evaluation council activities. These employees are exempt from the provisions of chapter 41.06 RCW.

      (3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.

      (4) To the extent the powers and duties set out under this section relate to energy efficiency in public buildings they are transferred to the department of general administration.

      Sec. 104. RCW 43.21F.055 and 1981 c 295 s 5 are each amended to read as follows:

      The ((office)) department shall not intervene in any regulatory proceeding before the Washington utilities and transportation commission or proceedings of utilities not regulated by the commission. Nothing in this chapter abrogates or diminishes the functions, powers, or duties of the energy facility site evaluation council pursuant to chapter 80.50 RCW, the utilities and transportation commission pursuant to Title 80 RCW, or other state or local agencies established by law.

      The ((office)) department shall avoid duplication of activity with other state agencies and officers and other persons.

      Sec. 105. RCW 43.21F.060 and 1981 c 295 s 6 are each amended to read as follows:

      In addition to the duties prescribed in RCW 43.21F.045, the ((energy office)) department shall have the authority to:

      (1) Obtain all necessary and existing information from energy producers, suppliers, and consumers, doing business within the state of Washington, from political subdivisions in this state, or any person as may be necessary to carry out the provisions of ((this)) chapter 43.21G RCW: PROVIDED, That if the information is available in reports made to another state agency, the ((office)) department shall obtain it from that agency: PROVIDED FURTHER, That, to the maximum extent practicable, informational requests to energy companies regulated by the utilities and transportation commission shall be channeled through the commission and shall be accepted in the format normally used by the companies. Such information may include but not be limited to:

      (a) Sales volume;

      (b) Forecasts of energy requirements; and

      (c) Energy costs.

      Notwithstanding any other provision of law to the contrary, information furnished under this subsection shall be confidential and maintained as such, if so requested by the person providing the information, if the information is proprietary.

      It shall be unlawful to disclose such information except as hereinafter provided. A violation shall be punishable, upon conviction, by a fine of not more than one thousand dollars for each offense. In addition, any person who wilfully or with criminal negligence, as defined in RCW 9A.08.010, discloses confidential information in violation of this subsection may be subject to removal from office or immediate dismissal from public employment notwithstanding any other provision of law to the contrary.

      Nothing in this subsection prohibits the use of confidential information to prepare statistics or other general data for publication when it is so presented as to prevent identification of particular persons or sources of confidential information.

      (2) Receive and expend funds obtained from the federal government or other sources by means of contracts, grants, awards, payments for services, and other devices in support of the duties enumerated in this chapter.

      Sec. 106. RCW 43.21F.090 and 1994 c 207 s 5 are each amended to read as follows:

      The ((office)) department shall review the state energy strategy as developed under section 1, chapter 201, Laws of 1991, periodically with the guidance of an advisory committee. For each review, an advisory committee shall be established with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991. Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the ((office)) department to the governor and the appropriate legislative committees. Any advisory committee established under this section shall be dissolved within three months after their written report is conveyed.

      Sec. 107. RCW 43.140.050 and 1981 c 158 s 5 are each amended to read as follows:

      The state treasurer shall be responsible for distribution of funds to the county of origin. Each county's share of rentals and royalties from a lease including lands in more than one county shall be computed on the basis of the ratio that the acreage within each county has to the total acreage in the lease. ((The Washington state energy office or its statutory successor)) Washington State University shall obtain the necessary information to make the distribution of funds on such a basis.

      Sec. 108. RCW 80.50.030 and 1994 c 264 s 75 and 1994 c 154 s 315 are each reenacted and amended to read as follows:

      (1) There is created and established the energy facility site evaluation council.

      (2)(a) The chairman of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence. The chairman is a "state employee" for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW ((43.03.240)) 43.03.250.

      (b) The chairman or a designee shall execute all official documents, contracts, and other materials on behalf of the council. The Washington state ((energy office)) department of community, trade, and economic development shall provide all administrative and staff support for the council. The director of the ((energy office)) department of community, trade, and economic development has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.

      (3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

      (a) Department of ecology;

      (b) Department of fish and wildlife;

      (c) ((Parks and recreation commission;

      (d))) Department of health;

      (((e) State energy office;

      (f))) (d) Military department;

      (e) Department of community, trade, and economic development;

      (((g))) (f) Utilities and transportation commission;

      (((h) Office of financial management;

      (i))) (g) Department of natural resources;

      (((j))) (h) Department of agriculture;

      (((k))) (i) Department of transportation.

      (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;

      (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

      Sec. 109. RCW 41.06.070 and 1995 c 163 s 1 are each amended to read as follows:

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

      (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

      (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

      (c) Officers, academic personnel, and employees of technical colleges;

      (d) The officers of the Washington state patrol;

      (e) Elective officers of the state;

      (f) The chief executive officer of each agency;

      (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

      (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

      (i) All members of such boards, commissions, or committees;

      (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

      (iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

      (iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

      (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

      (j) Assistant attorneys general;

      (k) Commissioned and enlisted personnel in the military service of the state;

      (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

      (m) The public printer or to any employees of or positions in the state printing plant;

      (n) Officers and employees of the Washington state fruit commission;

      (o) Officers and employees of the Washington state apple advertising commission;

      (p) Officers and employees of the Washington state dairy products commission;

      (q) Officers and employees of the Washington tree fruit research commission;

      (r) Officers and employees of the Washington state beef commission;

      (s) Officers and employees of any commission formed under chapter 15.66 RCW;

      (t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

      (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

      (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

      (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

      (x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

      (y) All employees of the marine employees' commission;

      (z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;

      (aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);

      (bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in section 201(5) of this act.

      (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

      (b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

      (c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

      (d) Printing craft employees in the department of printing at the University of Washington.

      (3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1) (w) and (x) and (2) of this section, together with the reasons for such exemptions.

      The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1) (j) through (v) and (2) of this section, shall be determined by the Washington personnel resources board.

      Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

PART II

FUNCTIONS OF WASHINGTON STATE UNIVERSITY


      NEW SECTION. Sec. 201. A new section is added to chapter 28B.30 RCW to read as follows:

      (1) All powers, duties, and functions of the state energy office under RCW 43.21F.045 relating to implementing energy education, applied research, and technology transfer programs shall be transferred to Washington State University.

      (2) The specific programs transferred to Washington State University shall include but not be limited to the following: Renewable energy, energy software, industrial energy efficiency, education and information, energy ideas clearinghouse, and telecommunications.

      (3)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of Washington State University. All cabinets, furniture, office equipment, software, data base, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to Washington State University.

      (b) Any appropriations made to, any other funds provided to, or any grants made to or contracts with the state energy office for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to Washington State University.

      (c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, software, data base, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, an arbitrator mutually agreed upon by the parties in dispute shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (d) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by Washington State University. All existing contracts, grants, and obligations, excluding personnel contracts and obligations, shall remain in full force and shall be assigned to and performed by Washington State University.

      (e) The transfer of the powers, duties, and functions of the state energy office does not affect the validity of any act performed before the effective date of this section.

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

      (4) Washington State University shall enter into an interagency agreement with the department of community, trade, and economic development regarding the relationship between policy development and public outreach. The department of community, trade, and economic development shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a minimum period of five years to carry out energy programs. Nothing in chapter . . ., Laws of 1996 (this act) prohibits Washington State University from seeking grant funding for energy-related programs directly from other entities.

      (5) Washington State University shall select and appoint existing state energy office employees to positions to perform the duties and functions transferred. Employees appointed by Washington State University are exempt from the provisions of chapter 41.06 RCW unless otherwise designated by the institution. Any future vacant or new positions will be filled using Washington State University's standard hiring procedures.

      NEW SECTION. Sec. 202. A new section is added to chapter 28B.30 RCW to read as follows:

      In addition to the powers and duties transferred, Washington State University shall have the authority to establish administrative units as may be necessary to coordinate either energy education or energy program delivery programs, or both, and to revise, restructure, redirect, or eliminate programs transferred to Washington State University based on available funding or to better serve the people and businesses of Washington state.


PART III

FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION


      NEW SECTION. Sec. 301. A new section is added to chapter 47.01 RCW to read as follows:

      (1) All powers, duties, and functions of the state energy office pertaining to the commute trip reduction program are transferred to the department of transportation. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the secretary or the department of transportation when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of transportation. All cabinets, furniture, office equipment, software, data base, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of transportation. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of transportation.

      (b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of transportation.

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

      (3) All employees of the state energy office engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of transportation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of transportation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of transportation. All existing contracts and obligations, excluding personnel contracts and obligations, shall remain in full force and shall be performed by the department of transportation.

      (5) The transfer of the powers, duties, functions, and personnel of the state energy office shall not affect the validity of any act performed before the effective date of this section.

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

      (7) The department of transportation shall report to the legislature by December 1, 1996, on the effects of this section.


PART IV

FUNCTIONS OF THE DEPARTMENT OF GENERAL ADMINISTRATION


      NEW SECTION. Sec. 401. A new section is added to chapter 43.19 RCW to read as follows:

      (1) All powers, duties, and functions of the state energy office pertaining to energy efficiency in public buildings are transferred to the department of general administration. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the department of general administration when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of general administration. All cabinets, furniture, office equipment, software, data base, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of general administration. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of general administration.

      (b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of general administration.

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

      (3) Within funds available, employees of the state energy office whose primary responsibility is performing the powers, functions, and duties pertaining to energy efficiency in public buildings are transferred to the jurisdiction of the department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of general administration. All existing contracts and obligations, excluding personnel contracts and obligations, shall remain in full force and shall be performed by the department of general administration.

      (5) The transfer of the powers, duties, functions, and personnel of the state energy office shall not affect the validity of any act performed before the effective date of this section.

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

      Sec. 402. RCW 39.35.030 and 1994 c 242 s 1 are each amended to read as follows:

      For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

      (1) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.

      (2) (("Office" means the Washington state energy office.)) "Department" means the state department of general administration.

      (3) "Major facility" means any publicly owned or leased building having twenty-five thousand square feet or more of usable floor space.

      (4) "Initial cost" means the moneys required for the capital construction or renovation of a major facility.

      (5) "Renovation" means additions, alterations, or repairs within any twelve-month period which exceed fifty percent of the value of a major facility and which will affect any energy system.

      (6) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years.

      (7) "Life-cycle cost" means the initial cost and cost of operation of a major facility over its economic life. This shall be calculated as the initial cost plus the operation, maintenance, and energy costs over its economic life, reflecting anticipated increases in these costs discounted to present value at the current rate for borrowing public funds, as determined by the office of financial management. The energy cost projections used shall be those provided by the ((state energy office)) department. The ((office)) department shall update these projections at least every two years.

      (8) "Life-cycle cost analysis" includes, but is not limited to, the following elements:

      (a) The coordination and positioning of a major facility on its physical site;

      (b) The amount and type of fenestration employed in a major facility;

      (c) The amount of insulation incorporated into the design of a major facility;

      (d) The variable occupancy and operating conditions of a major facility; and

      (e) An energy-consumption analysis of a major facility.

      (9) "Energy systems" means all utilities, including, but not limited to, heating, air-conditioning, ventilating, lighting, and the supplying of domestic hot water.

      (10) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment, and components, and the external energy load imposed on a major facility by the climatic conditions of its location. An energy-consumption analysis of the operation of energy systems of a major facility shall include, but not be limited to, the following elements:

      (a) The comparison of three or more system alternatives, at least one of which shall include renewable energy systems;

      (b) The simulation of each system over the entire range of operation of such facility for a year's operating period; and

      (c) The evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

      The energy-consumption analysis shall be prepared by a professional engineer or licensed architect who may use computers or such other methods as are capable of producing predictable results.

      (11) "Renewable energy systems" means methods of facility design and construction and types of equipment for the utilization of renewable energy sources including, but not limited to, hydroelectric power, active or passive solar space heating or cooling, domestic solar water heating, windmills, waste heat, biomass and/or refuse-derived fuels, photovoltaic devices, and geothermal energy.

      (12) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. Where these forms are electricity and thermal energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. 292.202 (c) through (m) as of July 28, 1991, shall apply.

      (13) "Selected buildings" means educational, office, residential care, and correctional facilities that are designed to comply with the design standards analyzed and recommended by the ((office)) department.

      (14) "Design standards" means the heating, air-conditioning, ventilating, and renewable resource systems identified, analyzed, and recommended by the ((office)) department as providing an efficient energy system or systems based on the economic life of the selected buildings.

      Sec. 403. RCW 39.35.050 and 1994 c 242 s 3 are each amended to read as follows:

      The ((office)) department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter. The purpose of the guidelines is to define a procedure and method for performance of life-cycle cost analysis to promote the selection of low-life-cycle cost alternatives. At a minimum, the guidelines must contain provisions that:

      (1) Address energy considerations during the planning phase of the project;

      (2) Identify energy components and system alternatives including renewable energy systems and cogeneration applications prior to commencing the energy consumption analysis;

      (3) Identify simplified methods to assure the lowest life-cycle cost alternatives for selected buildings with between twenty-five thousand and one hundred thousand square feet of usable floor area;

      (4) Establish times during the design process for preparation, review, and approval or disapproval of the life-cycle cost analysis;

      (5) Specify the assumptions to be used for escalation and inflation rates, equipment service lives, economic building lives, and maintenance costs;

      (6) Determine life-cycle cost analysis format and submittal requirements to meet the provisions of chapter 201, Laws of 1991;

      (7) Provide for review and approval of life-cycle cost analysis.

      Sec. 404. RCW 39.35.060 and 1991 c 201 s 16 are each amended to read as follows:

      The ((energy office)) department may impose fees upon affected public agencies for the review of life-cycle cost analyses. The fees shall be deposited in the energy efficiency services account established in RCW 39.35C.110. The purpose of the fees is to recover the costs by the ((office)) department for review of the analyses. The ((office)) department shall set fees at a level necessary to recover all of its costs related to increasing the energy efficiency of state-supported new construction. The fees shall not exceed one-tenth of one percent of the total cost of any project or exceed two thousand dollars for any project unless mutually agreed to. The ((office)) department shall provide detailed calculation ensuring that the energy savings resulting from its review of life-cycle cost analysis justify the costs of performing that review.

      Sec. 405. RCW 39.35C.010 and 1991 c 201 s 2 are each amended to read as follows:

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

      (1) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. If these forms are electricity and thermal energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. Sec. 292.202 (c) through (m) apply.

      (2) "Conservation" means reduced energy consumption or energy cost, or increased efficiency in the use of energy, and activities, measures, or equipment designed to achieve such results, but does not include thermal or electric energy production from cogeneration.

      (3) "Cost-effective" means that the present value to a state agency or school district of the energy reasonably expected to be saved or produced by a facility, activity, measure, or piece of equipment over its useful life, including any compensation received from a utility or the Bonneville power administration, is greater than the net present value of the costs of implementing, maintaining, and operating such facility, activity, measure, or piece of equipment over its useful life, when discounted at the cost of public borrowing.

      (4) "Energy" means energy as defined in RCW 43.21F.025(1).

      (5) "Energy efficiency project" means a conservation or cogeneration project.

      (6) "Energy efficiency services" means assistance furnished by the ((energy office)) department to state agencies and school districts in identifying, evaluating, and implementing energy efficiency projects.

      (7) (("Energy office" means the Washington state energy office.)) "Department" means the state department of general administration.

      (8) "Performance-based contracting" means contracts for which payment is conditional on achieving contractually specified energy savings.

      (9) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.

      (10) "Public facility" means a building or structure, or a group of buildings or structures at a single site, owned by a state agency or school district.

      (((10))) (11) "State agency" means every state office or department, whether elective or appointive, state institutions of higher education, and all boards, commissions, or divisions of state government, however designated.

      (((11))) (12) "State facility" means a building or structure, or a group of buildings or structures at a single site, owned by a state agency.

      (((12))) (13) "Utility" means privately or publicly owned electric and gas utilities, electric cooperatives and mutuals, whether located within or without Washington state.

      (((13))) (14) "Local utility" means the utility or utilities in whose service territory a public facility is located.

      Sec. 406. RCW 39.35C.020 and 1991 c 201 s 3 are each amended to read as follows:

      (1) Each state agency and school district shall implement cost-effective conservation improvements and maintain efficient operation of its facilities in order to minimize energy consumption and related environmental impacts and reduce operating costs.

      (2) The ((energy office)) department shall assist state agencies and school districts in identifying, evaluating, and implementing cost-effective conservation projects at their facilities. The assistance shall include the following:

      (a) Notifying state agencies and school districts of their responsibilities under this chapter;

      (b) Apprising state agencies and school districts of opportunities to develop and finance such projects;

      (c) Providing technical and analytical support, including procurement of performance-based contracting services;

      (d) Reviewing verification procedures for energy savings; and

      (e) Assisting in the structuring and arranging of financing for cost-effective conservation projects.

      (3) Conservation projects implemented under this chapter shall have appropriate levels of monitoring to verify the performance and measure the energy savings over the life of the project. The ((energy office)) department shall solicit involvement in program planning and implementation from utilities and other energy conservation suppliers, especially those that have demonstrated experience in performance-based energy programs.

      (4) The ((energy office)) department shall comply with the requirements of chapter 39.80 RCW when contracting for architectural or engineering services.

      (5) The ((energy office)) department shall recover any costs and expenses it incurs in providing assistance pursuant to this section, including reimbursement from third parties participating in conservation projects. The ((energy office)) department shall enter into a written agreement with the ((state agency or school district)) public agency for the recovery of costs.

      Sec. 407. RCW 39.35C.030 and 1991 c 201 s 4 are each amended to read as follows:

      (1) The ((energy office)) department shall consult with the local utilities to develop priorities for energy conservation projects pursuant to this chapter, cooperate where possible with existing utility programs, and consult with the local utilities prior to implementing projects in their service territory.

      (2) A local utility shall be offered the initial opportunity to participate in the development of conservation projects in the following manner:

      (a) Before initiating projects in a local utility service territory, the ((energy office)) department shall notify the local utility in writing, on an annual basis, of public facilities in the local utility's service territory at which the ((energy office)) department anticipates cost-effective conservation projects will be developed.

      (b) Within sixty days of receipt of this notification, the local utility may express interest in these projects by submitting to the ((energy office)) department a written description of the role the local utility is willing to perform in developing and acquiring the conservation at these facilities. This role may include any local utility conservation programs which would be available to the public facility, any competitive bidding or solicitation process which the local utility will be undertaking in accordance with the rules of the utilities and transportation commission or the public utility district, municipal utility, cooperative, or mutual governing body for which the public facility would be eligible, or any other role the local utility may be willing to perform.

      (c) Upon receipt of the written description from the local utility, the ((energy office)) department shall, through discussions with the local utility, and with involvement from state agencies and school districts responsible for the public facilities, develop a plan for coordinated delivery of conservation services and financing or make a determination of whether to participate in the local utility's competitive bidding or solicitation process. The plan shall identify the local utility in roles that the local utility is willing to perform and that are consistent with the provisions of RCW 39.35C.040(2) (d) and (e).

      Sec. 408. RCW 39.35C.040 and 1991 c 201 s 5 are each amended to read as follows:

      (1) It is the intent of this chapter that the state, state agencies, and school districts are compensated fairly for the energy savings provided to utilities and be allowed to participate on an equal basis in any utility conservation program, bidding, or solicitation process. State agencies and school districts shall not receive preferential treatment. For the purposes of this section, any type of compensation from a utility or the Bonneville power administration intended to achieve reductions or efficiencies in energy use which are cost-effective to the utility or the Bonneville power administration shall be regarded as a sale of energy savings. Such compensation may include credits to the energy bill, low or no interest loans, rebates, or payment per unit of energy saved. The ((energy office)) department shall, in coordination with utilities, the Bonneville power administration, state agencies, and school districts, facilitate the sale of energy savings at public facilities including participation in any competitive bidding or solicitation which has been agreed to by the state agency or school district. Energy savings may only be sold to local utilities or, under conditions specified in this section, to the Bonneville power administration. The ((energy office)) department shall not attempt to sell energy savings occurring in one utility service territory to a different utility. Nothing in this chapter mandates that utilities purchase the energy savings.

      (2) To ensure an equitable allocation of benefits to the state, state agencies, and school districts, the following conditions shall apply to transactions between utilities or the Bonneville power administration and state agencies or school districts for sales of energy savings:

      (a) A transaction shall be approved by both ((the energy office and)) the state agency or school district and the department.

      (b) The ((energy office and the)) state agency or school district and the department shall work together throughout the planning and negotiation process for such transactions unless the ((energy office)) department determines that its participation will not further the purposes of this section.

      (c) Before making a decision under (d) of this subsection, the ((energy office)) department shall review the proposed transaction for its technical and economic feasibility, the adequacy and reasonableness of procedures proposed for verification of project or program performance, the degree of certainty of benefits to the state, state agency, or school district, the degree of risk assumed by the state or school district, the benefits offered to the state, state agency, or school district and such other factors as the ((energy office)) department determines to be prudent.

      (d) The ((energy office)) department shall approve a transaction unless it finds, pursuant to the review in (c) of this subsection, that the transaction would not result in an equitable allocation of costs and benefits to the state, state agency, or school district, in which case the transaction shall be disapproved.

      (e) In addition to the requirements of (c) and (d) of this subsection, in areas in which the Bonneville power administration has a program for the purchase of energy savings at public facilities, the ((energy office)) department shall approve the transaction unless the local utility cannot offer a benefit substantially equivalent to that offered by the Bonneville power administration, in which case the transaction shall be disapproved. In determining whether the local utility can offer a substantially equivalent benefit, the ((energy office)) department shall consider the net present value of the payment for energy savings; any goods, services, or financial assistance provided by the local utility; and any risks borne by the local utility. Any direct negative financial impact on a nongrowing, local utility shall be considered.

      (3) Any party to a potential transaction may, within thirty days of any decision to disapprove a transaction made pursuant to subsection (2) (c), (d), or (e) of this section, request an independent reviewer who is mutually agreeable to all parties to the transaction to review the decision. The parties shall within thirty days of selection submit to the independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty days.

      Sec. 409. RCW 39.35C.050 and 1991 c 201 s 6 are each amended to read as follows:

      In addition to any other authorities conferred by law:

      (1) The ((energy office)) department, with the consent of the state agency or school district responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may:

      (a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;

      (b) Contract for energy services, including performance-based contracts;

      (c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.

      (2) A state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may undertake procurements for third-party development of conservation at its facilities.

      (3) A school district may:

      (a) Develop and finance conservation at school district facilities;

      (b) Contract for energy services, including performance-based contracts at school district facilities; and

      (c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.

      (4) In exercising the authority granted by subsections (1), (2), and (3) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.

      Sec. 410. RCW 39.35C.060 and 1991 c 201 s 7 are each amended to read as follows:

      (1) ((The energy office, in accordance with RCW 43.21F.060(2) may use appropriated moneys to make loans to school districts to provide all or part of the financing for conservation projects. The energy office shall determine the eligibility of such projects for conservation loans and the terms of such loans. If loans are from moneys appropriated from bond proceeds, the repayments of the loans shall be sufficient to pay, when due, the principal and interest on the bonds and shall be paid to the energy efficiency construction account established in RCW 39.35C.100. To the extent that a school district applies the proceeds of such loans to a modernization or new construction project, such proceeds shall be considered a portion of the school district's share of the costs of such project.

      (2))) State agencies may use financing contracts under chapter 39.94 RCW to provide all or part of the funding for conservation projects. The ((energy office)) department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts shall be sufficient to pay, when due, the principal and interest on the contracts.

      Sec. 411. RCW 39.35C.070 and 1991 c 201 s 8 are each amended to read as follows:

      (1) Consistent with the region's need to develop cost-effective, high efficiency electric energy resources, the state shall investigate and, if appropriate, pursue development of cost-effective opportunities for cogeneration in existing or new state facilities.

      (2) To assist state agencies in identifying, evaluating, and developing potential cogeneration projects at their facilities, the ((energy office)) department shall notify state agencies of their responsibilities under this chapter; apprise them of opportunities to develop and finance such projects; and provide technical and analytical support. The ((energy office)) department shall recover costs for such assistance through written agreements, including reimbursement from third parties participating in such projects, for any costs and expenses incurred in providing such assistance.

      (3)(a) The ((energy office)) department shall identify priorities for cogeneration projects at state facilities, and, where such projects are initially deemed desirable by the ((energy office)) department and the appropriate state agency, the ((energy office)) department shall notify the local utility serving the state facility of its intent to conduct a feasibility study at such facility. The ((energy office)) department shall consult with the local utility and provide the local utility an opportunity to participate in the development of the feasibility study for the state facility it serves.

      (b) If the local utility has an interest in participating in the feasibility study, it shall notify the ((energy office)) department and the state agency whose facility or facilities it serves within sixty days of receipt of notification pursuant to (a) of this subsection as to the nature and scope of its desired participation. The ((energy office)) department, state agency, and local utility shall negotiate the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall be specified in a written agreement.

      (c) If a local utility identifies a potential cogeneration project at a state facility for which it intends to conduct a feasibility study, it shall notify the ((energy office)) department and the appropriate state agency. The ((energy office)) department, state agency, and local utility shall negotiate the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall be specified in a written agreement. Nothing in this section shall preclude a local utility from conducting an independent assessment of a potential cogeneration project at a state facility.

      (d) Agreements written pursuant to (a) and (b) of this subsection shall include a provision for the recovery of costs incurred by a local utility in performing a feasibility study in the event such utility does not participate in the development of the cogeneration project. If the local utility does participate in the cogeneration project through energy purchase, project development or ownership, recovery of the utility's costs may be deferred or provided for through negotiation on agreements for energy purchase, project development or ownership.

      (e) If the local utility declines participation in the feasibility study, the ((energy office)) department and the state agency may receive and solicit proposals to conduct the feasibility study from other parties. Participation of these other parties shall also be secured and defined by a written agreement which may include the provision for reimbursement of costs incurred in the formulation of the feasibility study.

      (4) The feasibility study shall include consideration of regional and local utility needs for power, the consistency of the proposed cogeneration project with the state energy strategy, the cost and certainty of fuel supplies, the value of electricity produced, the capability of the state agency to own and/or operate such facilities, the capability of utilities or third parties to own and/or operate such facilities, requirements for and costs of standby sources of power, costs associated with interconnection with the local electric utility's transmission system, the capability of the local electric utility to wheel electricity generated by the facility, costs associated with obtaining wheeling services, potential financial risks and losses to the state and/or state agency, measures to mitigate the financial risk to the state and/or state agency, and benefits to the state and to the state agency from a range of design configurations, ownership, and operation options.

      (5) Based upon the findings of the feasibility study, the ((energy office)) department and the state agency shall determine whether a cogeneration project will be cost-effective and whether development of a cogeneration project should be pursued. This determination shall be made in consultation with the local utility or, if the local utility had not participated in the development of the feasibility study, with any third party that may have participated in the development of the feasibility study.

      (a) Recognizing the local utility's expertise, knowledge, and ownership and operation of the local utility systems, the ((energy office)) department and the state agency shall have the authority to negotiate directly with the local utility for the purpose of entering into a sole source contract to develop, own, and/or operate the cogeneration facility. The contract may also include provisions for the purchase of electricity or thermal energy from the cogeneration facility, the acquisition of a fuel source, and any financial considerations which may accrue to the state from ownership and/or operation of the cogeneration facility by the local utility.

      (b) The ((energy office)) department may enter into contracts through competitive negotiation under this subsection for the development, ownership, and/or operation of a cogeneration facility. In determining an acceptable bid, the ((energy office)) department and the state agency may consider such factors as technical knowledge, experience, management, staff, or schedule, as may be necessary to achieve economical construction or operation of the project. The selection of a developer or operator of a cogeneration facility shall be made in accordance with procedures for competitive bidding under chapter 43.19 RCW.

      (c) The ((energy office)) department shall comply with the requirements of chapter 39.80 RCW when contracting for architectural or engineering services.

      (6)(a) The state may own and/or operate a cogeneration project at a state facility. However, unless the cogeneration project is determined to be cost-effective, based on the findings of the feasibility study, the ((energy office)) department and state agency shall not pursue development of the project as a state-owned facility. If the project is found to be cost-effective, and the ((energy office)) department and the state agency agree development of the cogeneration project should be pursued as a state-owned and/or operated facility, the ((energy office)) department shall assist the state agency in the preparation of a finance and development plan for the cogeneration project. Any such plan shall fully account for and specify all costs to the state for developing and/or operating the cogeneration facility.

      (b) It is the general intent of this chapter that cogeneration projects developed and owned by the state will be sized to the projected thermal energy load of the state facility over the useful life of the project. The principal purpose and use of such projects is to supply thermal energy to a state facility and not primarily to develop generating capacity for the sale of electricity. For state-owned projects with electricity production in excess of projected thermal requirements, the ((energy office)) department shall seek and obtain legislative appropriation and approval for development. Nothing in chapter 201, Laws of 1991 shall be construed to authorize any state agency to sell electricity or thermal energy on a retail basis.

      (7) When a cogeneration facility will be developed, owned, and/or operated by a state agency or third party other than the local serving utility, the ((energy office)) department and the state agency shall negotiate a written agreement with the local utility. Elements of such an agreement shall include provisions to ensure system safety, provisions to ensure reliability of any interconnected operations equipment necessary for parallel operation and switching equipment capable of isolating the generation facility, the provision of and reimbursement for standby services, if required, and the provision of and reimbursement for wheeling electricity, if the provision of such has been agreed to by the local utility.

      (8) The state may develop and own a thermal energy distribution system associated with a cogeneration project for the principal purpose of distributing thermal energy at the state facility. If thermal energy is to be sold outside the state facility, the state may only sell the thermal energy to a utility.

      Sec. 412. RCW 39.35C.080 and 1991 c 201 s 9 are each amended to read as follows:

      It is the intention of chapter 201, Laws of 1991 that the state and its agencies are compensated fairly for the energy provided to utilities from cogeneration at state facilities. Such compensation may include revenues from sales of electricity or thermal energy to utilities, lease of state properties, and value of thermal energy provided to the facility. It is also the intent of chapter 201, Laws of 1991 that the state and its agencies be accorded the opportunity to compete on a fair and reasonable basis to fulfill a utility's new resource acquisition needs when selling the energy produced from cogeneration projects at state facilities through energy purchase agreements.

      (1)(a) The ((energy office)) department and state agencies may participate in any utility request for resource proposal process, as either established under the rules and regulations of the utilities and transportation commission, or by the governing board of a public utility district, municipal utility, cooperative, or mutual.

      (b) If a local utility does not have a request for resource proposal pending, the energy office or a state agency may negotiate an equitable and mutually beneficial energy purchase agreement with that utility.

      (2) To ensure an equitable allocation of benefits to the state and its agencies, the following conditions shall apply to energy purchase agreements negotiated between utilities and state agencies:

      (a) An energy purchase agreement shall be approved by both the ((energy office)) department and the affected state agency.

      (b) The ((energy office)) department and the state agency shall work together throughout the planning and negotiation process for energy purchase agreements, unless the ((energy office)) department determines that its participation will not further the purposes of this section.

      (c) Before approving an energy purchase agreement, the ((energy office)) department shall review the proposed agreement for its technical and economic feasibility, the degree of certainty of benefits, the degree of financial risk assumed by the state and/or the state agency, the benefits offered to the state and/or state agency, and other such factors as the ((energy office)) department deems prudent. The ((energy office)) department shall approve an energy purchase agreement unless it finds that such an agreement would not result in an equitable allocation of costs and benefits, in which case the transaction shall be disapproved.

      (3)(a) The state or state agency shall comply with and shall be bound by applicable avoided cost schedules, electric power wheeling charges, interconnection requirements, utility tariffs, and regulatory provisions to the same extent it would be required to comply and would be bound if it were a private citizen. The state shall neither seek regulatory advantage, nor change regulations, regulatory policy, process, or decisions to its advantage as a seller of cogenerated energy. Nothing contained in chapter 201, Laws of 1991 shall be construed to mandate or require public or private utilities to wheel electric energy resources within or beyond their service territories. Nothing in chapter 201, Laws of 1991 authorizes any state agency or school district to make any sale of energy or waste heat as defined by RCW 80.62.020(9) beyond the explicit provisions of chapter 201, Laws of 1991. Nothing contained in chapter 201, Laws of 1991 requires a utility to purchase energy from the state or a state agency or enter into any agreement in connection with a cogeneration facility.

      (b) The state shall neither construct, nor be party to an agreement for developing a cogeneration project at a state facility for the purpose of supplying its own electrical needs, unless it can show that such an arrangement would be in the economic interest of the state taking into account the cost of (i) interconnection requirements, as specified by the local electric utility, (ii) standby charges, as may be required by the local electric utility, and (iii) the current price of electricity offered by the local electric utility. If the local electric utility can demonstrate that the cogeneration project may place an undue burden on the electric utility, the ((energy office)) department or the state agency shall attempt to negotiate a mutually beneficial agreement that would minimize the burden upon the ratepayers of the local electric utility.

      (4) Any party to an energy purchase agreement may, within thirty days of any decision made pursuant to subsection (2)(c) of this section to disapprove the agreement made pursuant to this section, request an independent reviewer who is mutually agreeable to all parties to review the decision. The parties shall within thirty days of selection submit to the independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty days.

      Sec. 413. RCW 39.35C.090 and 1991 c 201 s 10 are each amended to read as follows:

      In addition to any other authorities conferred by law:

      (1) The ((energy office)) department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may:

      (a) Contract to sell electric energy generated at state facilities to a utility; and

      (b) Contract to sell thermal energy produced at state facilities to a utility.

      (2) A state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may:

      (a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;

      (b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;

      (c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;

      (d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and

      (e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 43.19.1911, that offers the greatest net achievable benefits to the state and its agencies.

      (3) After July 28, 1991, a state agency shall consult with the ((energy office)) department prior to exercising any authority granted by this section.

      (4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080.

      Sec. 414. RCW 39.35C.100 and 1991 c 201 s 11 are each amended to read as follows:

      (1) The energy efficiency construction account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation and only for the following purposes:

      (a) Construction of energy efficiency projects, including project evaluation and verification of benefits, project design, project development, project construction, and project administration.

      (b) Payment of principal and interest and other costs required under bond covenant on bonds issued for the purpose of (a) of this subsection.

      (2) Sources for this account may include:

      (a) General obligation and revenue bond proceeds appropriated by the legislature;

      (b) Loan repayments under RCW 39.35C.060 sufficient to pay principal and interest obligations; and

      (c) Funding from federal, state, and local agencies.

      (((3) The energy office shall establish criteria for approving energy efficiency projects to be financed from moneys disbursed from this account. The criteria shall include cost-effectiveness, reliability of energy systems, and environmental costs or benefits. The energy office shall ensure that the criteria are applied with professional standards for engineering and review.))

      Sec. 415. RCW 39.35C.110 and 1991 c 201 s 12 are each amended to read as follows:

      (1) The energy efficiency services 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 (((a))) for the ((energy office)) department to provide energy efficiency services to ((state agencies and school districts)) public agencies including review of life-cycle cost analyses ((and (b) for transfer by the legislature to the state general fund)).

      (2) All receipts from the following source((s)) shall be deposited into the account:

      (((a))) Project fees charged under this section and RCW 39.35C.020, 39.35C.070, and 39.35.060((;

      (b) After payment of any principal and interest obligations, moneys from repayments of loans under RCW 39.35C.060;

      (c) Revenue from sales of energy generated or saved at public facilities under this chapter, except those retained by state agencies and school districts under RCW 39.35C.120; and

      (d) Payments by utilities and federal power marketing agencies under this chapter, except those retained by state agencies and school districts under RCW 39.35C.120)).

      (3) The ((energy office)) department may accept moneys and make deposits to the account from federal, state, or local government agencies.

      (((4) Within one hundred eighty days after July 28, 1991, the energy office shall adopt rules establishing criteria and procedures for setting a fee schedule, establishing working capital requirements, and receiving deposits for this account.))

      Sec. 416. RCW 39.35C.130 and 1991 c 201 s 17 are each amended to read as follows:

      The ((energy office)) department may adopt rules to implement RCW 39.35C.020 through 39.35C.040, 39.35C.070, 39.35C.080, ((39.35C.120,)) and 39.35.050.

PART V

TECHNICAL CORRECTIONS


      Sec. 501. RCW 19.27.190 and 1990 c 2 s 7 are each amended to read as follows:

      (1)(a) Not later than January 1, 1991, the state building code council, in consultation with the ((state energy office)) department of community, trade, and economic development, shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993.

      (b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed.

      (c)(i) For new single family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen.

      (ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute.

      (iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation.

      (d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes.

      (e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion by-products from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures.

      (2) No later than January 1, 1993, the state building code council, in consultation with the ((state energy office)) department of community, trade, and economic development, shall establish final requirements for the maintenance of indoor air quality in newly constructed residences to be in effect beginning July 1, 1993. For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types.

      Sec. 502. RCW 19.27A.020 and 1994 c 226 s 1 are each amended to read as follows:

      (1) No later than January 1, 1991, the state building code council shall promulgate rules to be known as the Washington state energy code as part of the state building code.

      (2) The council shall follow the legislature's standards set forth in this section to promulgate rules to be known as the Washington state energy code. The Washington state energy code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

      (3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

      (4) The Washington state energy code for residential buildings shall require:

      (a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with:

      (i) Ceilings insulated to a level of R-38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);

      (ii) In zone 1, walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R-24 (R value includes insulation only), or constructed with two by six members, R-22 insulation batts, R-3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2;

      (iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);

      (iv) Floors over unheated spaces insulated to a level of R-30 (R value includes insulation only);

      (v) Slab on grade floors insulated to a level of R-10 at the perimeter;

      (vi) Double glazed windows with values not more than U-0.4;

      (vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and

      (viii) Exterior doors insulated to a level of R-5; or an exterior wood door with a thermal resistance value of less than R-5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection.

      (b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with:

      (i) Ceilings insulated to a level of R-30 in zone 1 and R-38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);

      (ii) Walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components;

      (iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);

      (iv) Floors over unheated spaces insulated to a level of R-19 in zone 1 and R-30 in zone 2 (R value includes insulation only);

      (v) Slab on grade floors insulated to a level of R-10 at the perimeter;

      (vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent;

      (vii) Double glazed windows with values not more than U-0.65 in zone 1 and U-0.60 in zone 2. The state building code council, in consultation with the ((state energy office)) department of community, trade, and economic development, shall review these U-values, and, if economically justified for consumers, shall amend the Washington state energy code to improve the U-values by December 1, 1993. The amendment shall not take effect until July 1, 1994; and

      (viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area.

      (c) The requirements of (b)(ii) of this subsection do not apply to residences with log or solid timber walls with a minimum average thickness of three and one-half inches and with space heat other than electric resistance.

      (d) The state building code council may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section.

      (5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. U-values for vertical glazing shall be determined, certified, and labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by the state building code council. Certification of U-values shall be conducted by a certified, independent agency licensed by the NFRC. The state building code council may develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall review and consider the adoption of the NFRC standards for determining, certifying, and labeling U-values for doors and skylights when developed and published by the NFRC. The state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and skylights determined, certified, and labeled in accordance with the appropriate NFRC standard shall be acceptable for compliance with the state energy code. Sealed insulation glass, where used, shall conform to, or be in the process of being tested for, ASTM E-774-81 class A or better.

      (6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended.

      (7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

      (b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

      (8) The state building code council shall consult with the ((state energy office)) department of community, trade, and economic development as provided in RCW 34.05.310 prior to publication of proposed rules. The ((state energy office)) department of community, trade, and economic development shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the ((state energy office)) department of community, trade, and economic development shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

      (9) The state building code council shall conduct a study of county and city enforcement of energy codes in the state. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations, and to the extent possible, hold these meetings in conjunction with adopting rules under this section. The study shall include recommendations as to how code enforcement may be improved. The findings of the study shall be submitted in a report to the legislature no later than January 1, 1991.

      (10) If any electric utility providing electric service to customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and such utility is unable to obtain from that agency at least fifty percent of the funds for payments required by RCW 19.27A.035, the amendments to this section by chapter 2, Laws of 1990 shall be null and void, and the 1986 state energy code shall be in effect, except that a city, town, or county may enforce a local energy code with more stringent energy requirements adopted prior to March 1, 1990. This subsection shall expire June 30, 1995.

      Sec. 503. RCW 28A.515.320 and 1991 sp.s. c 13 s 58 are each amended to read as follows:

      The common school construction fund is to be used exclusively for the purpose of financing the construction of facilities for the common schools. The sources of said fund shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land other than those granted for specific purposes; (2) the interest accruing on the permanent common school fund less the allocations to the state treasurer's service account [fund] pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenue derived therefrom and from land and other property devoted to the permanent common school fund; (3) all moneys received by the state from the United States under the provisions of section 191, Title 30, United States Code, Annotated, and under section 810, chapter 12, Title 16, (Conservation), United States Code, Annotated, except moneys received before June 30, 2001, and when thirty megawatts of geothermal power is certified as commercially available by the receiving utilities and the ((state energy office)) department of community, trade, and economic development, eighty percent of such moneys, under the Geothermal Steam Act of 1970 pursuant to RCW 43.140.030; and (4) such other sources as the legislature may direct. That portion of the common school construction fund derived from interest on the permanent common school fund may be used to retire such bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools.

      The interest accruing on the permanent common school fund less the allocations to the state treasurer's service ((account [fund])) fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenues accruing thereto pursuant to subsection (2) of this section prior to July 1, 1967, shall be exclusively applied to the current use of the common schools.

      To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow fulfillment of the purpose of said fund, the excess shall be available for deposit to the credit of the permanent common school fund or available for the current use of the common schools, as the legislature may direct. Any money from the common school construction fund which is made available for the current use of the common schools shall be restored to the fund by appropriation, including interest income foregone, before the end of the next fiscal biennium following such use.

      Sec. 504. RCW 42.17.2401 and 1995 c 399 s 60 and 1995 c 397 s 10 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 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, 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. 505. RCW 43.06.115 and 1995 c 399 s 61 are each amended to read as follows:

      (1) The governor may, by executive order, after consultation with or notification of the executive-legislative committee on economic development created by chapter . . . (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.

      (2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of community, trade, and economic development; (b) the department of social and health services; (c) the employment security department; (d) the state board for community and technical colleges; (e) the higher education coordinating board; and (f) the department of transportation((; and (g) the Washington energy office)). The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.

      (3) The governor shall report at the beginning of the next legislative session to the legislature and the executive-legislative committee on economic development created by chapter . . . (Senate Bill No. 5300), Laws of 1993, as to the designation of a military impacted area. The report shall include recommendations regarding whether a military impacted area should become eligible for (a) funding provided by the community economic revitalization board, public facilities construction loan revolving account, Washington state development loan fund, basic health plan, the public works assistance account, department of community, trade, and economic development, employment security department, and department of transportation; (b) training for dislocated defense workers; or (c) services for dislocated defense workers.

      Sec. 506. RCW 43.19.680 and 1986 c 325 s 2 are each amended to read as follows:

      (1) Upon completion of each walk-through survey required by RCW 43.19.675, the director of general administration or the agency responsible for the facility if other than the department of general administration shall implement energy conservation maintenance and operation procedures that may be identified for any state-owned facility. These procedures shall be implemented as soon as possible but not later than twelve months after the walk-through survey.

      (2) By December 31, 1981, for the capitol campus the director of general administration((, in cooperation with the director of the state energy office,)) shall prepare and transmit to the governor and the legislature an implementation plan.

      (3) By December 31, 1983, for all other state-owned facilities, the director of general administration ((in cooperation with the director of the state energy office)) shall prepare and transmit to the governor and the legislature the results of the energy consumption and walk-through surveys and a schedule for the conduct of technical assistance studies. This submission shall contain the energy conservation measures planned for installation during the ensuing biennium. Priority considerations for scheduling technical assistance studies shall include but not be limited to a facility's energy efficiency, responsible agency participation, comparative cost and type of fuels, possibility of outside funding, logistical considerations such as possible need to vacate the facility for installation of energy conservation measures, coordination with other planned facility modifications, and the total cost of a facility modification, including other work which would have to be done as a result of installing energy conservation measures. Energy conservation measure acquisitions and installations shall be scheduled to be twenty-five percent complete by June 30, 1985, or at the end of the capital budget biennium which includes that date, whichever is later, fifty-five percent complete by June 30, 1989, or at the end of the capital budget biennium which includes that date, whichever is later, eighty-five percent complete by June 30, 1993, or at the end of the capital budget biennium which includes that date, whichever is later, and fully complete by June 30, 1995, or at the end of the capital budget biennium which includes that date, whichever is later. Each state agency shall implement energy conservation measures with a payback period of twenty-four months or less that have a positive cash flow in the same biennium.

      For each biennium until all measures are installed, the director of general administration shall report to the governor and legislature installation progress, measures planned for installation during the ensuing biennium, and changes, if any, to the technical assistance study schedule. This report shall be submitted by December 31, 1984, or at the end of the following year whichever immediately precedes the capital budget adoption, and every two years thereafter until all measures are installed.

      (4) The director of general administration shall adopt rules to facilitate private investment in energy conservation measures for state-owned buildings consistent with state law.

      Sec. 507. RCW 43.21G.010 and 1981 c 295 s 11 are each amended to read as follows:

      The legislature finds that energy in various forms is increasingly subject to possible shortages and supply disruptions, to the point that there may be foreseen an emergency situation, and that without the ability to institute appropriate emergency measures to regulate the production, distribution, and use of energy, a severe impact on the public health, safety, and general welfare of our state's citizens may occur. The prevention or mitigation of such energy shortages or disruptions and their effects is necessary for preservation of the public health, safety, and general welfare of the citizens of this state.

      It is the intent of this chapter to:

      (1) Establish necessary emergency powers for the governor and define the situations under which such powers are to be exercised;

      (2) Provide penalties for violations of this chapter.

      It is further the intent of the legislature that in developing proposed orders under the powers granted in RCW 43.21G.040 as now or hereafter amended the governor may utilize, on a temporary or ad hoc basis, the knowledge and expertise of persons experienced in the technical aspects of energy supply, distribution, or use. Such utilization shall be in addition to support received by the governor from the ((state energy office)) department of community, trade, and economic development under RCW 43.21F.045 and 43.21F.065 and from other state agencies.

      Sec. 508. RCW 43.31.621 and 1995 c 226 s 3 are each amended to read as follows:

      (1) There is established the agency rural community assistance task force. The task force shall be chaired by the rural community assistance coordinator. It shall be the responsibility of the coordinator that all directives of chapter 314, Laws of 1991 are carried out expeditiously by the agencies represented in the task force. The task force shall consist of the directors, or representatives of the directors, of the following agencies: The department of community, trade, and economic development, employment security department, department of social and health services, state board for community and technical colleges, work force training and education coordinating board, department of natural resources, department of transportation, ((state energy office,)) department of fish and wildlife, University of Washington center for international trade in forest products, department of agriculture, and department of ecology. The task force shall solicit and consider input from the rural development council in coordinating agency programs targeted to rural natural resources impacted communities. The task force may consult and enlist the assistance of the following: The higher education coordinating board, University of Washington college of forest resources, University of Washington school of fisheries, Washington State University school of forestry, Northwest policy center, state superintendent of public instruction, Washington state labor council, the Evergreen partnership, Washington state association of counties, and others as needed.

      (2) The task force, in conjunction with the rural development council, shall undertake a study to determine whether additional communities and industries are impacted, or are likely to be impacted, by salmon preservation and recovery efforts. The task force shall consider possible impacts in the following industries and associated communities: Barge transportation, irrigation dependent agriculture, food processing, aluminum, charter recreational fishing, boatbuilding, and other sectors suggested by the task force. The task force shall report its findings and recommendations to the legislature by January 1996.

      (3) This section shall expire June 30, 1997.

      Sec. 509. RCW 43.88.195 and 1993 c 500 s 8 are each amended to read as follows:

      After August 11, 1969, no state agency, state institution, state institution of higher education, which shall include all state universities, regional universities, The Evergreen State College, and community colleges, shall establish any new accounts or funds which are to be located outside of the state treasury: PROVIDED, That the office of financial management shall be authorized to grant permission for the establishment of such an account or fund outside of the state treasury only when the requesting agency presents compelling reasons of economy and efficiency which could not be achieved by placing such funds in the state treasury. When the director of financial management authorizes the creation of such fund or account, the director shall forthwith give written notice of the fact to the standing committees on ways and means of the house and senate: PROVIDED FURTHER, That ((the office of financial management may grant permission for the establishment of accounts outside of the state treasury for the purposes of RCW 39.35C.120.)) agencies authorized to create local accounts will utilize the services of the state treasurer's office to ensure that new or ongoing relationships with financial institutions are in concert with state-wide policies and procedures pursuant to RCW 43.88.160(1).

      Sec. 510. RCW 43.140.040 and 1981 c 158 s 4 are each amended to read as follows:

      Distribution of funds from the geothermal account of the general fund shall be subject to the following limitations:

      (1) Thirty percent to the department of natural resources for geothermal exploration and assessment;

      (2) Thirty percent to ((the Washington state energy office)) Washington State University or its statutory successor for the purpose of encouraging the development of geothermal energy; and

      (3) Forty percent to the county of origin for mitigating impacts caused by geothermal energy exploration, assessment, and development.

      Sec. 511. RCW 43.140.050 and 1981 c 158 s 5 are each amended to read as follows:

      The state treasurer shall be responsible for distribution of funds to the county of origin. Each county's share of rentals and royalties from a lease including lands in more than one county shall be computed on the basis of the ratio that the acreage within each county has to the total acreage in the lease. ((The Washington state energy office)) Washington State University or its statutory successor shall obtain the necessary information to make the distribution of funds on such a basis.

      Sec. 512. RCW 47.06.110 and 1995 c 399 s 120 are each amended to read as follows:

      The state-interest component of the state-wide multimodal transportation plan shall include a state public transportation plan that:

      (1) Articulates the state vision of an interest in public transportation and provides quantifiable objectives, including benefits indicators;

      (2) Identifies the goals for public transit and the roles of federal, state, regional, and local entities in achieving those goals;

      (3) Recommends mechanisms for coordinating state, regional, and local planning for public transportation;

      (4) Recommends mechanisms for coordinating public transportation with other transportation services and modes;

      (5) Recommends criteria, consistent with the goals identified in subsection (2) of this section and with RCW 82.44.180 (2) and (3), for existing federal authorizations administered by the department to transit agencies; and

      (6) Recommends a state-wide public transportation facilities and equipment management system as required by federal law.

      In developing the state public transportation plan, the department shall involve local jurisdictions, public and private providers of transportation services, nonmotorized interests, and state agencies with an interest in public transportation, including but not limited to the departments of community, trade, and economic development, social and health services, and ecology, ((the state energy office,)) the office of the superintendent of public instruction, the office of the governor, and the office of financial management.

      The department shall submit an initial report to the legislative transportation committee by December 1, 1993, and shall provide annual reports summarizing the plan's progress each year thereafter.

      Sec. 513. RCW 70.94.527 and 1991 c 202 s 12 are each amended to read as follows:

      (1) Each county with a population over one hundred fifty thousand, and each city or town within those counties containing a major employer shall, by October 1, 1992, adopt by ordinance and implement a commute trip reduction plan for all major employers. The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, major employers, and the owners of and employers at major worksites. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee by employees of major public and private sector employers in the jurisdiction.

      (2) All other counties, and cities and towns in those counties, may adopt and implement a commute trip reduction plan.

      (3) The department of ecology may, after consultation with the ((state energy office)) department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

      (4) A commute trip reduction plan shall be consistent with the guidelines established under RCW 70.94.537 and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee; (b) designation of commute trip reduction zones; (c) requirements for major public and private sector employers to implement commute trip reduction programs; (d) a commute trip reduction program for employees of the county, city, or town; (e) a review of local parking policies and ordinances as they relate to employers and major worksites and any revisions necessary to comply with commute trip reduction goals and guidelines; (f) an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain waiver or modification of those requirements; and (g) means for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis. Goals which are established shall take into account existing transportation demand management efforts which are made by major employers. Each jurisdiction shall ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year. The goals for miles traveled per employee for all major employers shall not be less than a fifteen percent reduction from the base year value of the commute trip reduction zone in which their worksite is located by January 1, 1995, twenty-five percent reduction from the base year values by January 1, 1997, and thirty-five percent reduction from the base year values by January 1, 1999.

      (5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for employers with ten or more full time employees at major worksites in federally designated nonattainment areas for carbon monoxide and ozone. The county, city or town shall develop the programs in cooperation with affected employers and provide technical assistance to the employers in implementing such programs.

      (6) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, or towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development and implementation of such plans. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070.

      (7) Each county, city, or town implementing a commute trip reduction program shall, within thirty days submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under RCW 70.94.537.

      (8) Each county, city, or town implementing a commute trip reduction program shall submit an annual progress report to the commute trip reduction task force established under RCW 70.94.537. The report shall be due July 1, 1994, and each July 1 thereafter through July 1, 2000. The report shall describe progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.

      (9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the commute trip reduction task force established under RCW 70.94.537. The commute trip reduction task force may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.

      (10) Each county, city, or town implementing a commute trip reduction program shall count commute trips eliminated through work-at-home options or alternate work schedules as one and two-tenths vehicle trips eliminated for the purpose of meeting trip reduction goals.

      (11) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.

      (12) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.

      Sec. 514. RCW 70.94.537 and 1995 c 399 s 188 are each amended to read as follows:

      (1) A ((twenty-three)) twenty-two member state commute trip reduction task force shall be established as follows:

      (a) The ((director of the state energy office or the director's designee who shall serve as chair;

      (b) The)) secretary of the department of transportation or the secretary's designee who shall serve as chair;

      (((c))) (b) The director of the department of ecology or the director's designee;

      (((d))) (c) The director of the department of community, trade, and economic development or the director's designee;

      (((e))) (d) The director of the department of general administration or the director's designee;

      (((f))) (e) Three representatives from counties appointed by the governor from a list of at least six recommended by the Washington state association of counties;

      (((g))) (f) Three representatives from cities and towns appointed by the governor from a list of at least six recommended by the association of Washington cities;

      (((h))) (g) Three representatives from transit agencies appointed by the governor from a list of at least six recommended by the Washington state transit association;

      (((i))) (h) Six representatives of employers at or owners of major worksites in Washington appointed by the governor from a list of at least twelve recommended by the association of Washington business; and

      (((j))) (i) Three citizens appointed by the governor.

      Members of the commute trip reduction task force shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. The task force has all powers necessary to carry out its duties as prescribed by this chapter. The task force shall be dissolved on July 1, 2000.

      (2) By March 1, 1992, the commute trip reduction task force shall establish guidelines for commute trip reduction plans. The guidelines are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the task force determines to be relevant. The guidelines shall include:

      (a) Criteria for establishing commute trip reduction zones;

      (b) Methods and information requirements for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals;

      (c) Model commute trip reduction ordinances;

      (d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;

      (e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;

      (f) Methods to ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year;

      (g) Alternative commute trip reduction goals for major employers which cannot meet the goals of this chapter because of the unique nature of their business; and

      (h) Alternative commute trip reduction goals for major employers whose worksites change and who contribute substantially to traffic congestion in a trip reduction zone.

      (3) The task force shall assess the commute trip reduction options available to employers other than major employers and make recommendations to the legislature by October 1, 1992. The recommendations shall include the minimum size of employer who shall be required to implement trip reduction programs and the appropriate methods those employers can use to accomplish trip reduction goals.

      (4) The task force shall review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature by December 1, 1995, and December 1, 1999. In assessing the costs and benefits, the task force shall consider the costs of not having implemented commute trip reduction plans and programs. The task force shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter. The recommendations made December 1, 1995, shall include recommendations regarding extension of the requirements of this chapter to employers with fifty or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for more than twelve continuous months.

      Sec. 515. RCW 70.94.541 and 1991 c 202 s 16 are each amended to read as follows:

      (1) A technical assistance team shall be established under the direction of the ((state energy office)) department of transportation and include representatives of the department((s)) of ((transportation and)) ecology. The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of RCW 70.94.537 and to the department of general administration in carrying out the requirements of RCW 70.94.551.

      (2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in determining base and subsequent year values of single-occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

      (3) In carrying out this section the ((state energy office and)) department of transportation may contract with state-wide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.

      Sec. 516. RCW 70.94.551 and 1991 c 202 s 19 are each amended to read as follows:

      (1) The director of general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state agencies which are phase 1 major employers by January 1, 1993. The task force shall include representatives of the ((state energy office, the)) departments of transportation and ecology and such other departments as the director of general administration determines to be necessary to be generally representative of state agencies. The state agency plan shall be consistent with the requirements of RCW 70.94.527 and 70.94.531 and shall be developed in consultation with state employees, local and regional governments, local transit agencies, the business community, and other interested groups. The plan shall consider and recommend policies applicable to all state agencies including but not limited to policies regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and van pools. The plan shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs. The department shall, within thirty days, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under RCW 70.94.537.

      (2) Not more than three months after the adoption of the commute trip reduction plan, each state agency shall, for each facility which is a major employer, develop a commute trip reduction program. The program shall be designed to meet the goals of the commute trip reduction plan of the county, city, or town or, if there is no local commute trip reduction plan, the state. The program shall be consistent with the policies of the state commute trip reduction plan and RCW 70.94.531. The agency shall submit a description of that program to the local jurisdiction implementing a commute trip reduction plan or, if there is no local commute trip reduction plan, to the department of general administration. The program shall be implemented not more than three months after submission to the department. Annual reports required in RCW 70.94.531(2)(c) shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the department of general administration. An agency which is not meeting the applicable commute trip reduction goals shall, to the extent possible, modify its program to comply with the recommendations of the local jurisdiction or the department of general administration.

      (3) State agencies sharing a common location may develop and implement a joint commute trip reduction program or may delegate the development and implementation of the commute trip reduction program to the department of general administration.

      (4) The department of general administration in consultation with the state technical assistance team shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the team will work with the agency to modify the program as necessary.

      (5) For each agency subject to the state agency commute trip reduction plan, the department of general administration in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute trip reduction goals. If it appears an agency is not meeting or is not likely to meet the applicable commute trip reduction goals, the team shall work with the agency to make modifications to the commute trip reduction program.

      (6) The department of general administration shall submit an annual progress report for state agencies subject to the state agency commute trip reduction plan to the commute trip reduction task force established under RCW 70.94.537. The report shall be due April 1, 1993, and each April 1 through 2000. The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.

      Sec. 517. RCW 70.94.960 and 1991 c 199 s 218 are each amended to read as follows:

      The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70.94.015, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly owned school buses are considered public transit for the purposes of this section. The department may also disburse grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to ((the state energy office)) Washington State University for the purpose of furthering the establishment of clean fuel refueling infrastructure.

      Sec. 518. RCW 70.120.210 and 1991 c 199 s 212 are each amended to read as follows:

      By July 1, 1992, the department shall develop, in cooperation with the departments of general administration and transportation, and ((the state energy office)) Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, such specifications shall be equivalent for all fuel types. In developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American petroleum institute, the gas research institute, and the motor vehicles manufacturers association.

      Sec. 519. RCW 70.120.220 and 1991 c 199 s 215 are each amended to read as follows:

      The department, in cooperation with the departments of general administration and transportation, the utilities and transportation commission, and ((the state energy office)) Washington State University, shall biennially prepare a report to the legislature starting July 1, 1992, on:

      (1) Progress of clean fuel and clean-fuel vehicle programs in reducing automotive emissions;

      (2) Recommendations for enhancing clean-fuel distribution systems;

      (3) Efforts of the state, units of local government, and the private sector to evaluate and utilize "clean fuel" or "clean-fuel vehicles"; and

      (4) Recommendations for changes in the existing program to make it more effective and, if warranted, for expansion of the program.

      Sec. 520. RCW 80.28.260 and 1990 c 2 s 9 are each amended to read as follows:

      (1) The commission shall adopt a policy allowing an incentive rate of return on investment (a) for payments made under RCW 19.27A.035 and (b) for programs that improve the efficiency of energy end use if priority is given to senior citizens and low-income citizens in the course of carrying out such programs. The incentive rate of return on investments set forth in this subsection is established by adding an increment of two percent to the rate of return on common equity permitted on the company's other investments.

      (2) The commission shall consider and may adopt a policy allowing an incentive rate of return on investment in additional programs to improve the efficiency of energy end use or other incentive policies to encourage utility investment in such programs.

      (3) The commission shall consider and may adopt other policies to protect a company from a reduction of short-term earnings that may be a direct result of utility programs to increase the efficiency of energy use. These policies may include allowing a periodic rate adjustment for investments in end use efficiency or allowing changes in price structure designed to produce additional new revenue.

      (((4) The commission may adopt a policy allowing the recovery of a utility's expenses incurred under RCW 19.27A.055.))

      Sec. 521. RCW 82.35.020 and 1979 ex.s. c 191 s 2 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) "Cogeneration" means the sequential generation of electrical or mechanical power and useful heat from the same primary energy source or fuel.

      (2) "Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof, installed or acquired for the primary purpose of cogeneration by a person or corporation other than an electric utility.

      (3) "Certificate" means a cogeneration tax credit certificate granted by the department.

      (4) "Cost" means only the cost of a cogeneration facility which is in addition to the cost that the applicant otherwise would incur to meet the applicant's demands for useful heat. "Cost" does not include expenditures which are offset by cost savings, including but not limited to savings resulting from early retirement of existing equipment.

      (5) "Department" means the department of revenue.

      (6) "Electric utility" means any person, corporation, or governmental subdivision authorized and operating under the Constitution and laws of the state of Washington which is primarily engaged in the generation or sale of electric energy.

      (((7) "Office" means the state energy office.))

      Sec. 522. RCW 82.35.080 and 1979 ex.s. c 191 s 8 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the department shall revoke any certificate issued under this chapter if it finds that any of the following have occurred with respect to the certificate:

      (a) The certificate was obtained by fraud or deliberate misrepresentation;

      (b) The certificate was obtained through the use of inaccurate data but without any intention to commit fraud or misrepresentation;

      (c) The facility was constructed or operated in violation of any provision of this chapter or provision imposed by the department as a condition of certification; or

      (d) The cogeneration facility is no longer capable of being operated for the primary purpose of cogeneration.

      (2) If the department finds that there are few inaccuracies under subsection (1)(b) of this section and that cumulatively they are insignificant in terms of the cost or operation of the facility or that the inaccurate data is not attributable to carelessness or negligence and its inclusion was reasonable under the circumstances, then the department may provide for the continuance of the certificate and whatever modification it considers in the public interest.

      (3) Any person, firm, corporation, or organization that obtains a certificate revoked under this section shall be liable for the total amount of money saved by claiming the credits and exemptions provided under this chapter and RCW 84.36.485. The total amount of the credits shall be collected as delinquent business and occupation taxes, and the total of the exemptions shall be collected and distributed as delinquent property taxes. Interest shall accrue on the amounts of the credits and exemptions from the date the taxes were otherwise due.

      (4) The ((office)) department of community, trade, and economic development shall provide technical assistance to the department in carrying out its responsibilities under this section.

      Sec. 523. RCW 90.03.247 and 1994 c 264 s 82 are each amended to read as follows:

      Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows. No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to RCW 75.20.100 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, the ((state energy office)) department of community, trade, and economic development, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife, the ((energy office)) department of community, trade, and economic development, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the ((energy office)) department of community, trade, and economic development, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.

      NEW SECTION. Sec. 524. The following acts or parts of acts are each repealed:

      (1) RCW 43.21F.035 and 1990 c 12 s 1 & 1981 c 295 s 3;

      (2) RCW 43.21F.065 and 1987 c 330 s 502 & 1981 c 295 s 8;

      (3) RCW 39.35C.120 and 1991 c 201 s 13;

      (4) RCW 41.06.081 and 1981 c 295 s 10;

      (5) RCW 43.41.175 and 1986 c 325 s 4; and

      (6) RCW 19.27A.055 and 1990 c 2 s 6.

PART VI

MISCELLANEOUS


      NEW SECTION. Sec. 601. The state shall offer the following services to state employees affected by the elimination of the Washington state energy office:

      (1) Placement in the reduction in force transition pool;

      (2) Payment of one hundred fifty dollars per month per employee for health benefits purchased under the federal consolidated omnibus budget reconciliation act (COBRA) for a period not to exceed one year;

      (3) Placement in the Washington management services clearinghouse register for employees in the Washington management service;

      (4) Career transition services through the department of personnel;

      (5) Up to thirty weeks of unemployment benefits for qualifying employees; and

      (6) Dislocated worker training for employees in positions unique to the energy industry.

      NEW SECTION. Sec. 602. Part headings used in this act do not constitute part of the law.

      NEW SECTION. Sec. 603. This act shall take effect July 1, 1996."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Energy, Telecommunications and Utilities striking amendment to Fourth Substitute House Bill No. 2009.

      Senator Sutherland demanded a roll call and the demand was sustained.

       The President declared the question before the Senate to be the roll call on the adoption of the Committee on Energy, Telecommunications and Utilities striking amendment to Fourth Substitute House Bill No. 2009.


ROLL CALL


      The Secretary called the roll and the committee striking amendment was adopted by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 28.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 21.

 

MOTIONS


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

      On page 1, line 1 of the title, after "office;" strike the remainder of the title and insert "amending RCW 43.21F.025, 43.21F.045, 43.21F.055, 43.21F.060, 43.21F.090, 43.140.050, 41.06.070, 39.35.030, 39.35.050, 39.35.060, 39.35C.010, 39.35C.020, 39.35C.030, 39.35C.040, 39.35C.050, 39.35C.060, 39.35C.070, 39.35C.080, 39.35C.090, 39.35C.100, 39.35C.110, 39.35C.130, 19.27.190, 19.27A.020, 28A.515.320, 43.06.115, 43.19.680, 43.21G.010, 43.31.621, 43.88.195, 43.140.040, 43.140.050, 47.06.110, 70.94.527, 70.94.537, 70.94.541, 70.94.551, 70.94.960, 70.120.210, 70.120.220, 80.28.260, 82.35.020, 82.35.080, and 90.03.247; reenacting and amending RCW 80.50.030 and 42.17.2401; adding a new section to chapter 43.330 RCW; adding new sections to chapter 28B.30 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.19 RCW; creating new sections; repealing RCW 43.21F.035, 43.21F.065, 39.35C.120, 41.06.081, 43.41.175, and 19.27A.055; and providing an effective date."

      On motion of Senator Sutherland, the rules were suspended, Fourth Substitute House Bill No. 2009, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Fourth Substitute House Bill No. 2009, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Fourth Substitute House Bill No. 2009, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, Morton and Schow - 6.

      FOURTH SUBSTITUTE HOUSE BILL NO. 2009, as amended by the Senate, 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 READING


      ENGROSSED HOUSE BILL NO. 2472, by Representatives Lambert, Costa, Conway and Veloria

 

Clarifying domestic violence provisions.


      The bill was read the second time.


MOTION


      Senator Smith moved that the following Committee on Law and Justice amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:

      (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for those offenses enumerated in RCW 9.94A.310(4) that were committed in a state correctional facility or county jail shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.

      (2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), (f), and (((e))) (g).

      Sec. 2. RCW 9.94A.390 and 1995 c 316 s 2 are each amended to read as follows:

      If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

      The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (1) Mitigating Circumstances

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

      (c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

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

      (f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (g) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:

      (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

      (ii) The offense occurred in the presence of the victim's minor children under the age of eighteen years; or

      (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

      (h) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (((h))) (i) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

      NEW SECTION. Sec. 3. A new section is added to chapter 9A.36 RCW to read as follows:

      (1) A person commits the crime of interference with the reporting of domestic violence if the person prevents or attempts to prevent a victim of or a witness to domestic violence, as defined in RCW 26.50.010, from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.

      (2) Interference with the reporting of domestic violence is a gross misdemeanor.

      Sec. 4. RCW 10.31.100 and 1995 c 246 s 20, 1995 c 184 s 1, and 1995 c 93 s 1 are each reenacted and amended to read as follows:

      A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

      (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

      (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from ((a)) going onto the grounds of or entering a residence, workplace, school, or day care or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

      (b) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that ((spouses, former spouses, or other persons who reside together or formerly resided together)) family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

      (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

      (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

      (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

      (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

      (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

      (f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

      (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

      (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.025 shall have the authority to arrest the person.

      (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

      (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

      (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

      (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

      (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

      For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

      (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

      (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

      Sec. 5. RCW 10.99.020 and 1995 c 246 s 21 are each amended to read as follows:

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

      (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a ((respondent)) person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

      (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

      (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

      (a) Assault in the first degree (RCW 9A.36.011);

      (b) Assault in the second degree (RCW 9A.36.021);

      (c) Assault in the third degree (RCW 9A.36.031);

      (d) Assault in the fourth degree (RCW 9A.36.041);

      (e) Reckless endangerment in the first degree (RCW 9A.36.045);

      (f) Reckless endangerment in the second degree (RCW 9A.36.050);

      (g) Coercion (RCW 9A.36.070);

      (h) Burglary in the first degree (RCW 9A.52.020);

      (i) Burglary in the second degree (RCW 9A.52.030);

      (j) Criminal trespass in the first degree (RCW 9A.52.070);

      (k) Criminal trespass in the second degree (RCW 9A.52.080);

      (l) Malicious mischief in the first degree (RCW 9A.48.070);

      (m) Malicious mischief in the second degree (RCW 9A.48.080);

      (n) Malicious mischief in the third degree (RCW 9A.48.090);

      (o) Kidnapping in the first degree (RCW 9A.40.020);

      (p) Kidnapping in the second degree (RCW 9A.40.030);

      (q) Unlawful imprisonment (RCW 9A.40.040);

      (r) Violation of the provisions of a restraining order restraining the person or ((excluding)) restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138);

      (s) Violation of the provisions of a protection order or no-contact order restraining the person or ((excluding)) restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

      (t) Rape in the first degree (RCW 9A.44.040);

      (u) Rape in the second degree (RCW 9A.44.050);

      (v) Residential burglary (RCW 9A.52.025); ((and))

      (w) Stalking (RCW 9A.46.110); and

      (x) Interference with the reporting of domestic violence (section 3 of this act).

      (4) "Victim" means a family or household member who has been subjected to domestic violence.

      Sec. 6. RCW 10.99.030 and 1995 c 246 s 22 are each amended to read as follows:

      (1) All training relating to the handling of domestic violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

      (2) The criminal justice training commission shall implement by January 1, 1997, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission shall include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training shall be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum shall include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection.

      (3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with the domestic violence laws. The program shall include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state.

      (4) Development of the training in subsections (2) and (3) of this section shall be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the state-wide organization providing training and education to these organizations and to the general public.

      (5) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.

      (6)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

      (b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.

      (7) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

 

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court.

 

Information about shelters and alternatives to domestic violence is available from a state-wide twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"


      (8) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

      (9) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

      (10) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.

      (11) Records kept pursuant to subsections (6) and (10) of this section shall be made identifiable by means of a departmental code for domestic violence.

      (12) Commencing January 1, 1994, records of incidents of domestic violence shall be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training commission shall amend its contract for collection of state-wide crime data with the Washington association of sheriffs and police chiefs:

      (a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; ((and)) (viii) arson; and (ix) violations of the provisions of a protection order or no contact order restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the collection and compilation of data regarding violations of protection orders or no contact orders;

      (b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident based reporting system and the information is prepared and contained in the annual report of crime in Washington; and

      (c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.

      Sec. 7. RCW 10.99.040 and 1995 c 246 s 23 are each amended to read as follows:

      (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

      (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

      (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

      (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

      (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

      (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

      (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

      (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor. A third or subsequent conviction for willful violation of a court order issued under subsection (2) or (3) of this section is a class C felony punishable under chapter 9A.20 RCW. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

      (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

      (c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

      (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

      Sec. 8. RCW 10.99.050 and 1991 c 301 s 5 are each amended to read as follows:

      (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

      (2) Willful violation of a court order issued under this section is a gross misdemeanor. A third or subsequent conviction for willful violation of a court order issued under this section is a class C felony punishable under chapter 9A.20 RCW. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order.

      (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

      Sec. 9. RCW 26.09.300 and 1995 c 246 s 27 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 10. RCW 26.10.220 and 1995 c 246 s 30 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 11. RCW 26.26.138 and 1995 c 246 s 33 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 12. RCW 26.50.030 and 1995 c 246 s 3 are each amended to read as follows:

      There shall exist an action known as a petition for an order for protection in cases of domestic violence.

      (1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW 26.27.090 and the existence of any other restraining, protection, or no contact orders between the parties.

      (2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(4).

      (3) Within ninety days of receipt of the master copy from the administrator for the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.

      (4) No filing fee may be charged for proceedings under this section. Forms and instructional brochures shall be provided free of charge.

      (5) A person is not required to post a bond to obtain relief in any proceeding under this section.

      Sec. 13. RCW 26.50.060 and 1995 c 246 s 7 are each amended to read as follows:

      (1) Upon notice and after hearing, the court may provide relief as follows:

      (a) Restrain the respondent from committing acts of domestic violence;

      (b) Exclude the respondent from the dwelling which the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

      (c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

      (d) Order the respondent to participate in batterers' treatment;

      (e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

      (f) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

      (g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

      (h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

      (i) Consider the provisions of RCW 9.41.800;

      (j) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

      (k) Order use of a vehicle.

      (2) If a restraining order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

      If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

      (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

      (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

      (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

      (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service ((or)), service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

      (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

      Sec. 14. RCW 26.50.070 and 1995 c 246 s 8 are each amended to read as follows:

      (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

      (a) Restraining any party from committing acts of domestic violence;

      (b) ((Excluding)) Restraining any party from going onto the grounds of or entering the dwelling ((shared or from the residence of the other)) that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

      (c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

      (d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

      (e) Considering the provisions of RCW 9.41.800.

      (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

      (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

      (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

      (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

      (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

      Sec. 15. RCW 26.50.100 and 1995 c 246 s 13 are each amended to read as follows:

      (1) A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

      Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for the period stated in the order. The law enforcement agency shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

      (2) The information entered into the computer-based criminal intelligence information system shall include notice to law enforcement whether the order was personally served ((or)), served by publication, or served by mail.

      Sec. 16. RCW 26.50.110 and 1995 c 246 s 14 are each amended to read as follows:

      (1) Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care is a gross misdemeanor. A third or subsequent conviction for violating an order for protection granted under this chapter is a class C felony punishable under chapter 9A.20 RCW. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

      (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter that restrains the person or excludes the person from a residence, workplace, school, or day care, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

      (3) A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.

      (4) Any assault that is a violation of an order issued under this chapter and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

      (5) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

      Sec. 17. RCW 26.50.115 and 1995 c 246 s 15 are each amended to read as follows:

      (1) When the court issues an ex parte order pursuant to RCW 26.50.070 or an order of protection ((ordered issued)) pursuant to RCW 26.50.060, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 26.50.110 for a violation of the order unless the respondent knows of the order.

      (2) When a peace officer investigates a report of an alleged violation of an order for protection issued under this chapter the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If the law enforcement officer determines that the respondent did not or probably did not know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give petitioner a receipt indicating that petitioner's copy has been served on the respondent. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order.

      (3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce ((the terms of)) the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system."

      The President declared the question before the Senate to be the motion by Senator Smith to not adopt the Committee on Law and Justice striking amendment to Engrossed House Bill No. 2472.

      The motion by Senator Smith carried and the committee striking amendment was not adopted.


MOTIONS


      On motion of Senator Smith, the following amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:

      (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for those offenses enumerated in RCW 9.94A.310(4) that were committed in a state correctional facility or county jail shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.

      (2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), (f), and (((e))) (g).

      Sec. 2. RCW 9.94A.390 and 1995 c 316 s 2 are each amended to read as follows:

      If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

      The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (1) Mitigating Circumstances

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

      (c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

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

      (f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (g) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:

      (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

      (ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

      (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

      (h) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (((h))) (i) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

      NEW SECTION. Sec. 3. A new section is added to chapter 9A.36 RCW to read as follows:

      (1) A person commits the crime of interfering with the reporting of domestic violence if the person:

      (a) Commits a crime of domestic violence, as defined in RCW 10.99.020; and

      (b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.

      (2) Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.

      (3) Interference with the reporting of domestic violence is a gross misdemeanor.

      Sec. 4. RCW 10.31.100 and 1995 c 246 s 20, 1995 c 184 s 1, and 1995 c 93 s 1 are each reenacted and amended to read as follows:

      A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

      (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

      (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from ((a)) going onto the grounds of or entering a residence, workplace, school, or day care or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

      (b) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that ((spouses, former spouses, or other persons who reside together or formerly resided together)) family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

      (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

      (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

      (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

      (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

      (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

      (f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

      (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

      (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.025 shall have the authority to arrest the person.

      (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

      (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

      (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

      (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

      (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

      For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

      (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

      (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

      Sec. 5. RCW 10.99.020 and 1995 c 246 s 21 are each amended to read as follows:

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

      (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a ((respondent)) person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

      (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

      (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

      (a) Assault in the first degree (RCW 9A.36.011);

      (b) Assault in the second degree (RCW 9A.36.021);

      (c) Assault in the third degree (RCW 9A.36.031);

      (d) Assault in the fourth degree (RCW 9A.36.041);

      (e) Reckless endangerment in the first degree (RCW 9A.36.045);

      (f) Reckless endangerment in the second degree (RCW 9A.36.050);

      (g) Coercion (RCW 9A.36.070);

      (h) Burglary in the first degree (RCW 9A.52.020);

      (i) Burglary in the second degree (RCW 9A.52.030);

      (j) Criminal trespass in the first degree (RCW 9A.52.070);

      (k) Criminal trespass in the second degree (RCW 9A.52.080);

      (l) Malicious mischief in the first degree (RCW 9A.48.070);

      (m) Malicious mischief in the second degree (RCW 9A.48.080);

      (n) Malicious mischief in the third degree (RCW 9A.48.090);

      (o) Kidnapping in the first degree (RCW 9A.40.020);

      (p) Kidnapping in the second degree (RCW 9A.40.030);

      (q) Unlawful imprisonment (RCW 9A.40.040);

      (r) Violation of the provisions of a restraining order restraining the person or ((excluding)) restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138);

      (s) Violation of the provisions of a protection order or no-contact order restraining the person or ((excluding)) restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, ((or)) 10.99.040, or 10.99.050);

      (t) Rape in the first degree (RCW 9A.44.040);

      (u) Rape in the second degree (RCW 9A.44.050);

      (v) Residential burglary (RCW 9A.52.025); ((and))

      (w) Stalking (RCW 9A.46.110); and

      (x) Interference with the reporting of domestic violence (section 3 of this act).

      (4) "Victim" means a family or household member who has been subjected to domestic violence.

      Sec. 6. RCW 10.99.030 and 1995 c 246 s 22 are each amended to read as follows:

      (1) All training relating to the handling of domestic violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

      (2) The criminal justice training commission shall implement by January 1, 1997, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission shall include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training shall be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum shall include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection.

      (3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with the domestic violence laws. The program shall include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state.

      (4) Development of the training in subsections (2) and (3) of this section shall be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the state-wide organization providing training and education to these organizations and to the general public.

      (5) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.

      (6)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

      (b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.

      (7) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

 

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court.

 

Information about shelters and alternatives to domestic violence is available from a state-wide twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"


      (8) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

      (9) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

      (10) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.

      (11) Records kept pursuant to subsections (6) and (10) of this section shall be made identifiable by means of a departmental code for domestic violence.

      (12) Commencing January 1, 1994, records of incidents of domestic violence shall be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training commission shall amend its contract for collection of state-wide crime data with the Washington association of sheriffs and police chiefs:

      (a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; ((and)) (viii) arson; and (ix) violations of the provisions of a protection order or no contact order restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the collection and compilation of data regarding violations of protection orders or no contact orders;

      (b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident based reporting system and the information is prepared and contained in the annual report of crime in Washington; and

      (c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.

      Sec. 7. RCW 10.99.040 and 1995 c 246 s 23 are each amended to read as follows:

      (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

      (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

      (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

      (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

      (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

      (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

      (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

      (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

      (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

      (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

      (d) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

      (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

      Sec. 8. RCW 10.99.050 and 1991 c 301 s 5 are each amended to read as follows:

      (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

      (2) Willful violation of a court order issued under this section is a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

      The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony.

      (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

      Sec. 9. RCW 26.09.300 and 1995 c 246 s 27 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 10. RCW 26.10.220 and 1995 c 246 s 30 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 11. RCW 26.26.138 and 1995 c 246 s 33 are each amended to read as follows:

      (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another is a misdemeanor.

      (2) A person is deemed to have notice of a restraining order if:

      (a) The person to be restrained or the person's attorney signed the order;

      (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

      (c) The order was served upon the person to be restrained; or

      (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (3) A peace officer shall verify the existence of a restraining order by:

      (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

      (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

      (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) A restraining order has been issued under this chapter;

      (b) The respondent or person to be restrained knows of the order; and

      (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or ((excluding)) restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

      (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

      (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

      Sec. 12. RCW 26.50.030 and 1995 c 246 s 3 are each amended to read as follows:

      There shall exist an action known as a petition for an order for protection in cases of domestic violence.

      (1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation concerning the custody or residential placement of a child of the parties as set forth in RCW 26.27.090 and the existence of any other restraining, protection, or no contact orders between the parties.

      (2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(4).

      (3) Within ninety days of receipt of the master copy from the administrator for the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.

      (4) No filing fee may be charged for proceedings under this section. Forms and instructional brochures shall be provided free of charge.

      (5) A person is not required to post a bond to obtain relief in any proceeding under this section.

      Sec. 13. RCW 26.50.060 and 1995 c 246 s 7 are each amended to read as follows:

      (1) Upon notice and after hearing, the court may provide relief as follows:

      (a) Restrain the respondent from committing acts of domestic violence;

      (b) Exclude the respondent from the dwelling which the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

      (c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

      (d) Order the respondent to participate in batterers' treatment;

      (e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

      (f) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

      (g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

      (h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

      (i) Consider the provisions of RCW 9.41.800;

      (j) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

      (k) Order use of a vehicle.

      (2) If a restraining order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

      If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

      (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

      (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

      (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

      (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service ((or)), service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

      (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

      Sec. 14. RCW 26.50.070 and 1995 c 246 s 8 are each amended to read as follows:

      (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

      (a) Restraining any party from committing acts of domestic violence;

      (b) ((Excluding)) Restraining any party from going onto the grounds of or entering the dwelling ((shared or from the residence of the other)) that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

      (c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

      (d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

      (e) Considering the provisions of RCW 9.41.800.

      (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

      (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

      (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

      (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

      (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

      Sec. 15. RCW 26.50.100 and 1995 c 246 s 13 are each amended to read as follows:

      (1) A copy of an order for protection granted under this chapter shall be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

      Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for the period stated in the order. The law enforcement agency shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

      (2) The information entered into the computer-based criminal intelligence information system shall include notice to law enforcement whether the order was personally served ((or)), served by publication, or served by mail.

      Sec. 16. RCW 26.50.110 and 1995 c 246 s 14 are each amended to read as follows:

      (1) Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

      (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter that restrains the person or excludes the person from a residence, workplace, school, or day care, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

      (3) A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.

      (4) Any assault that is a violation of an order issued under this chapter and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

      (5) A violation of a court order issued under this chapter is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

      (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

      Sec. 17. RCW 26.50.115 and 1995 c 246 s 15 are each amended to read as follows:

      (1) When the court issues an ex parte order pursuant to RCW 26.50.070 or an order of protection ((ordered issued)) pursuant to RCW 26.50.060, the court shall advise the petitioner that the respondent may not be subjected to the penalties set forth in RCW 26.50.110 for a violation of the order unless the respondent knows of the order.

      (2) When a peace officer investigates a report of an alleged violation of an order for protection issued under this chapter the officer shall attempt to determine whether the respondent knew of the existence of the protection order. If the law enforcement officer determines that the respondent did not or probably did not know about the protection order and the officer is provided a current copy of the order, the officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer shall make reasonable efforts to serve a copy of the order on the respondent. If the officer serves the respondent with the petitioner's copy of the order, the officer shall give petitioner a receipt indicating that petitioner's copy has been served on the respondent. After the officer has served the order on the respondent, the officer shall enforce prospective compliance with the order.

      (3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law enforcement officer to enforce ((the terms of)) the order regardless of the presence of the order in the law enforcement computer-based criminal intelligence information system."

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

      On page 1, line 1 of the title, after "violence;" strike the remainder of the title and insert "amending RCW 9.94A.370, 9.94A.390, 10.99.020, 10.99.030, 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.030, 26.50.060, 26.50.070, 26.50.100, 26.50.110, and 26.50.115; reenacting and amending RCW 10.31.100; adding a new section to chapter 9A.36 RCW; and prescribing penalties."


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed House Bill No. 2472, as amended by the Senate, 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. 2472, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2472, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Hargrove - 1.

      ENGROSSED HOUSE BILL NO. 2472, as amended by the Senate,, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2388, by House Committee on Energy and Utilities (originally sponsored by Representatives Crouse, Casada, Kessler, Mastin, Hankins, Poulsen, Patterson, Mitchell and Chandler)

 

Providing for satisfaction of unrecorded utility liens at the time of sale of real property.


      The bill was read the second time.


MOTION


      Senator Sutherland moved that the following Committee on Energy, Telecommunications and Utilities amendment not be adopted:

      On page 1, line 9, after "charges" insert ", except charges imposed as a condition of connecting to a system,"

      The President declared the question before the Senate to be the motion by Senator Sutherland to not adopted the Committee on Energy, Telecommunications and Utilities amendment on page 1, line 9, to Substitute House Bill No. 2388.

      The motion by Senator Sutherland carried and the committee amendment was not adopted.


MOTION


      On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 2388 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Finkbeiner: "Senator Sutherland, is it the intent of Section One of Substitute House Bill No. 2388 to include fees paid as a condition of connecting to a utility system?"

      Senator Sutherland: "No, it is not our intent to include connection charges in the items which must be paid in full at the time of closing a real estate transaction."

      Senator Finkbeiner: "Thank you."

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2388.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2388 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

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

      Absent: Senators McDonald, Swecker and West - 3.

      SUBSTITUTE HOUSE BILL NO. 2388, 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 READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2793, by House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Jacobsen, Basich, Thompson, Grant and L. Thomas)

 

Providing for implementation of Referendum 45.


      The bill was read the second time.


MOTIONS


      On motion of Senator Drew, the following Committee on Natural Resources amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. It is the intent of this legislation to begin to make the statutory changes required by the fish and wildlife commission in order to successfully implement Referendum Bill No. 45.

      Sec. 2. RCW 75.08.011 and 1995 1st sp.s. c 2 s 6 (Referendum Bill No. 45) are each amended to read as follows:

      As used in this title or rules of the ((director)) department, unless the context clearly requires otherwise:

      (1) "Commission" means the fish and wildlife commission.

      (2) "Director" means the director of fish and wildlife.

      (3) "Department" means the department of fish and wildlife.

      (4) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.

      (5) "Fisheries patrol officer" means a person appointed and commissioned by the commission, with authority to enforce this title, rules of the ((director)) department, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

      (6) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

      (7) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

      (8) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

      (9) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

      (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

      (11) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

      (12) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

      (13) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.

      (14) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

      (15) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:


       Scientific Name                        Common Name

 

       Oncorhynchus tshawytscha      Chinook salmon

       Oncorhynchus kisutch              Coho salmon

       Oncorhynchus keta                   Chum salmon

       Oncorhynchus gorbuscha         Pink salmon

       Oncorhynchus nerka                 Sockeye salmon


      (16) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

      (17) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

      (18) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

      (19) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

      (20) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

      (21) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

      (22) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.

      (23) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

      Sec. 3. RCW 75.08.230 and 1995 c 367 s 11 are each amended to read as follows:

      (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

      (a) The sale of licenses required under this title;

      (b) The sale of property seized or confiscated under this title;

      (c) Fines and forfeitures collected under this title;

      (d) The sale of real or personal property held for department purposes;

      (e) Rentals or concessions of the department;

      (f) Moneys received for damages to food fish, shellfish or department property; and

      (g) Gifts.

      (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

      (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the ((director)) department shall be remitted as provided in chapter 3.62 RCW.

      (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

      (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 75.50.100.

      (6) Moneys received by the ((director)) commission under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

      (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

      Sec. 4. RCW 75.10.010 and 1993 sp.s. c 2 s 25 and 1993 c 283 s 7 are each reenacted and amended to read as follows:

      (1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the ((director)) department, and other statutes as prescribed by the legislature.

      (2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state. The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

      (3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department and another agency.

      (4) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.

      (5) Fisheries patrol officers may enforce the provisions of RCW 79.01.805 and 79.01.810.

      Sec. 5. RCW 75.10.020 and 1983 1st ex.s. c 46 s 33 are each amended to read as follows:

      (1) Fisheries patrol officers may inspect and search without warrant a person, boat, fishing equipment, vehicle, conveyance, container, or property used in catching, processing, storing, or marketing food fish or shellfish which they have reason to believe contain evidence of violations of this title or rules of the ((director)) department. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile.

      (2) Fisheries patrol officers and ex officio fisheries patrol officers may arrest without warrant a person they have reason to believe is in violation of this title or rules of the ((director)) department.

      Sec. 6. RCW 75.10.030 and 1990 c 144 s 5 are each amended to read as follows:

      (1) Fisheries patrol officers and ex officio fisheries patrol officers may seize without warrant food fish or shellfish they have reason to believe have been taken, killed, transported, or possessed in violation of this title or rule of the ((director)) department and may seize without warrant boats, vehicles, gear, appliances, or other articles they have reason to believe ((is [are])) are held with intent to violate or ((has [have])) have been used in violation of this title or rule of the ((director)) department. The articles seized shall be subject to forfeiture to the state, regardless of ownership. Articles seized may be recovered by their owner by depositing into court a cash bond equal to the value of the seized articles but not more than twenty-five thousand dollars. The cash bond is subject to forfeiture to the state in lieu of the seized article.

      (2)(a) In the event of a seizure of an article under subsection (1) of this section, proceedings for forfeiture shall be deemed commenced by the seizure. Within fifteen days following the seizure, the seizing authority shall serve notice on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

      (b) If no person notifies the department in writing of the person's claim of ownership or right to possession of the articles seized under subsection (1) of this section within forty-five days of the seizure, the articles shall be deemed forfeited.

      (c) If any person notifies the department in writing within forty-five days of the seizure, the person shall be afforded an opportunity to be heard as to the claim or right. The hearing shall be before the director or the director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the articles seized is more than five thousand dollars. The department hearing and any subsequent appeal shall be as provided for in Title 34 RCW. The burden of producing evidence shall be upon the person claiming to be the lawful owner or person claiming lawful right of possession of the articles seized. The department shall promptly return the seized articles to the claimant upon a determination by the director or the director's designee, an administrative law judge, or a court that the claimant is the present lawful owner or is lawfully entitled to possession of the articles seized, and that the seized articles were improperly seized.

      (d)(i) No conveyance, including vessels, vehicles, or aircraft, is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.

      (ii) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge nor consented to the act or omission.

      (e) When seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the state general fund, as provided for in RCW 75.08.230.

      Sec. 7. RCW 75.10.040 and 1983 1st ex.s. c 46 s 35 are each amended to read as follows:

      (1) Fisheries patrol officers and ex officio fisheries patrol officers may serve and execute warrants and processes issued by the courts to enforce this title and rules of the ((director)) department.

      (2) To enforce this title or rules of the ((director)) department, fisheries patrol officers may call to their aid any equipment, boat, vehicle, or airplane, or ex officio fisheries patrol officer.

      (3) It is unlawful to knowingly or willfully resist or obstruct a fisheries patrol officer in the discharge of the officer's duties.

      Sec. 8. RCW 75.10.050 and 1983 1st ex.s. c 46 s 36 are each amended to read as follows:

      Violations of this title or rules of the ((director)) department occurring in the offshore waters may be prosecuted in a county bordering on the Pacific Ocean, or a county in which the food fish or shellfish are landed.

      Sec. 9. RCW 75.10.100 and 1983 1st ex.s. c 46 s 41 are each amended to read as follows:

      If the prosecuting attorney of the county in which a violation of this title or rule of the ((director)) department occurs fails to file an information against the alleged violator, the attorney general upon request of the ((director)) commission may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The ((director)) commission may request prosecution by the attorney general if thirty days have passed since the ((director)) commission informed the county prosecuting attorney of the alleged violation.

      Sec. 10. RCW 75.10.110 and 1990 c 144 s 6 are each amended to read as follows:

      (1) Unless otherwise provided for in this title, a person who violates this title or rules of the ((director)) department is guilty of a gross misdemeanor, and upon a conviction thereof shall be subject to the penalties under RCW 9.92.020. Food fish or shellfish involved in the violation shall be forfeited to the state. The court may forfeit seized articles involved in the violation.

      (2) The ((director)) commission may specify by rule, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW.

      Sec. 11. RCW 75.10.120 and 1990 c 144 s 7 are each amended to read as follows:

      (1) Upon conviction of a person for a violation of this title or rule of the ((director)) department, in addition to the penalty imposed by law, the court may forfeit the person's license or licenses. The license or licenses shall remain forfeited pending appeal.

      (2) The director may prohibit, for one year, the issuance of all commercial fishing licenses to a person convicted of two or more gross misdemeanor or class C felony violations of this title or rule of the ((director)) department in a five-year period or prescribe the conditions under which the license or licenses may be issued. For purposes of this section, the term "conviction" means a final conviction in a state or municipal court. An unvacated forfeiture of bail or collateral of two hundred fifty dollars or more deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this title or rule of the ((director)) department is equivalent to a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

      Sec. 12. RCW 75.10.130 and 1983 1st ex.s. c 46 s 44 are each amended to read as follows:

      Upon two or more convictions of a person in a five-year period for violating salmon fishing rules of the ((director)) department which restrict fishing times or areas, the director shall deny all salmon fishing privileges and suspend all salmon fishing licenses of that person for one year. A person may not avoid this penalty by transferring a commercial salmon ((fishing)) fishery license.

      For the purposes of this section, the term "conviction" means a final conviction in a state or municipal court. An unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this title is equivalent to a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

      Sec. 13. RCW 75.10.140 and 1990 c 163 s 7 are each amended to read as follows:

      (1) In addition to the penalties prescribed in RCW 75.10.110 and 75.10.120, the director may revoke geoduck diver licenses held by a person if within a five-year period that person is convicted or has an unvacated bail forfeiture for two or more violations of this title or rules of the ((director)) department relating to geoduck licensing or harvesting.

       (2) Except as provided in subsection (3) of this section, the director shall not issue a geoduck diver license to a person who has had a license revoked. This prohibition is effective for one year after the revocation.

       (3) Appeals of revocations under this section may be taken under the judicial review provisions of chapter 34.05 RCW. If the license revocation is determined to be invalid, the director shall reissue the license to that person.

      Sec. 14. RCW 75.10.150 and 1985 c 248 s 5 are each amended to read as follows:

      Since violation of the rules of the ((director)) department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to the resources of the state, liability for damage to food fish and shellfish resources is imposed on a wholesale fish dealer for violation of a provision in chapter 75.28 RCW or a rule of the ((director)) department related to the accounting of the commercial harvest of food fish and shellfish and shall be for the actual damages or for damages imposed as follows:

      (1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of food fish and shellfish are lost or destroyed and the wholesale dealer notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.

      (2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations.

      (3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.

      (4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.

      Sec. 15. RCW 75.10.170 and 1990 c 63 s 5 are each amended to read as follows:

      Upon conviction of a person for violation of the conditions or requirements of an experimental fishery permit or provisions of this title or rule of the ((director)) department while engaged in an emerging commercial fishery, the director may suspend or revoke the experimental fishery permit and all fishing privileges pursuant thereto or present the conditions under which the experimental fishery permit may be reissued. That suspension or revocation shall become effective on the date the director gives the notice prescribed in RCW 34.05.422(1)(c).

      For the purposes of this section, the term "conviction" means a final conviction in a state or municipal court. An unvacated forfeiture of bail or collateral of more than two hundred fifty dollars deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this title is equivalent to a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

      Sec. 16. RCW 75.10.180 and 1990 c 144 s 1 are each amended to read as follows:

      Persons who fish for food fish or shellfish for personal use and violate this title or the rules of the ((director)) department shall be subject to the following penalties:

      (1) The following violations are infractions and are punishable under chapter 7.84 RCW:

      (a) The failure to immediately record a catch of salmon or sturgeon on a catch record card;

      (b) The use of barbed hooks in a barbless hook-only fishery; and

      (c) Other personal use violations specified by the ((director)) commission under RCW 75.10.110.

      (2) The following violations are misdemeanors and are punishable under RCW 9.92.030:

      (a) The retention of undersized food fish or shellfish;

      (b) The retention of more food fish or shellfish than is legally allowed, but less than three times the legally allowed personal use limit;

      (c) The intentional wasting of recreationally caught food fish or shellfish; and

      (d) The setting or lifting of shrimp pots in Hood Canal from one hour after sunset until one hour before sunrise.

      (3) The following violations are gross misdemeanors and are punishable under RCW 9.92.020:

      (a) The snagging of food fish;

      (b) Fishing in closed areas or during a closed season;

      (c) Commingling a personal food fish catch with a commercial food fish catch;

      (d) The retention of at least three times the legally allowed personal use limits of food fish or shellfish;

      (e) The sale, barter, or trade of food fish or shellfish with a wholesale value of less than two hundred fifty dollars by a person who has caught the food fish or shellfish with fishing gear authorized under personal use rules or who has received the food fish or shellfish from someone who caught it with fishing gear authorized under personal use rules; and

      (f) Other unclassified personal use violations of Title 75 RCW.

      (4) The following violation is a class C felony and is punishable under RCW 9A.20.021(1)(c): The sale, barter, or trade of food fish or shellfish with a wholesale value of two hundred fifty dollars or more by a person who has caught the food fish or shellfish with fishing gear authorized under personal use rules or has received the food fish or shellfish from someone who caught it with fishing gear authorized under personal use rules.

      Sec. 17. RCW 75.10.190 and 1990 c 144 s 2 are each amended to read as follows:

      Persons who fish, buy, or sell food fish and shellfish commercially and violate this title or the rules of the ((director)) department shall be subject to the following penalties:

      (1) The following violations are misdemeanors and are punishable under RCW 9.92.030:

      (a) The failure to complete a fish ticket with all the required information for a commercial fish or shellfish landing; and

      (b) The failure to report a commercial fish catch as required by department rules.

      (2) The following violations are gross misdemeanors and are punishable under RCW 9.92.020:

      (a) The retention of illegal food fish or shellfish species;

      (b) The wasting of commercially caught food fish or shellfish;

      (c) Commingling commercial and personal use food fish or shellfish catches;

      (d) The failure to comply with department rules on commercial fishing licenses;

      (e) The failure to comply with department requirements on fishing gear specifications;

      (f) The failure to obtain a delivery license as required by department rules;

      (g) Violations of the fisheries statutes or rules by fish buyers or wholesale dealers other than violations for fish tickets under subsection (1)(a) of this section;

      (h) Fishing during a closed season;

      (i) Illegal geoduck harvesting off the legal harvesting tract; and

      (j) Other unclassified commercial violations of Title 75 RCW.

      (3) The following violations are class C felonies and are punishable under RCW 9A.20.021(1)(c):

      (a) Intentionally fishing in a closed area using fishing gear not authorized under personal use regulations;

      (b) Intentionally netting salmon in the Pacific Ocean;

      (c) Harvesting more than one hundred pounds of geoducks outside of the boundaries of a harvest tract designated by a harvest agreement from the department of natural resources if:

      (i) The harvester does not have a valid harvesting agreement from the department of natural resources; or

      (ii) The harvesting is done more than one-half mile from the nearest boundary of any harvesting tract designated by a department of natural resources harvesting agreement;

      (d) Unlawful participation by a non-Indian fisher with intent to profit in a treaty Indian fishery;

      (e) Intentionally fishing within the closed waters of a fish hatchery;

      (f) The sale, barter, or trade of food fish or shellfish with a wholesale value of two hundred fifty dollars or more by a person who does not have a valid commercial fishing license and has caught the food fish or shellfish using fishing gear not authorized under personal use rules, or has received the food fish or shellfish from someone who has caught it with fishing gear not authorized under personal use rules; and

      (g) Being in possession of food fish or shellfish with a wholesale value of two hundred fifty dollars or more while using fishing gear not authorized under personal use regulations without a valid commercial fishing license.

      Sec. 18. RCW 75.10.200 and 1993 sp.s. c 2 s 26 are each amended to read as follows:

      Persons who violate this title or the rules of the ((director)) department shall be subject to the following penalties:

      (1) The following violations are gross misdemeanors and are punishable under RCW 9.92.020:

      (a) Violating RCW 75.20.100; and

      (b) Violating department statutes that require fish screens, fish ladders, and other protective devices for fish.

      (2) The following violations are a class C felony and are punishable under RCW 9A.20.021(1)(c):

      (a) Discharging explosives in waters that contain adult salmon or sturgeon((: PROVIDED, That)). However, the lawful discharge of devices for the purpose of frightening or killing marine mammals or for the lawful removal of snags or for actions approved under RCW 75.20.100 or 75.12.070(2) are exempt from this subsection; and

      (b) To knowingly purchase food fish or shellfish with a wholesale value greater than two hundred fifty dollars that were taken by methods or during times not authorized by department rules, or were taken by someone who does not have a valid commercial fishing license, a valid fish buyer's license, or a valid wholesale dealer's license, or were taken with fishing gear authorized for personal use.

      Sec. 19. RCW 75.12.020 and 1983 1st ex.s. c 46 s 49 are each amended to read as follows:

      It is unlawful to fish for or take food fish at a rack, dam, or other obstruction or in the waters and on the beaches within one mile below a rack, dam, or other obstruction except as provided by rule of the ((director)) department.

      Sec. 20. RCW 75.12.070 and 1983 1st ex.s. c 46 s 53 are each amended to read as follows:

      (1) Except as provided by rule of the ((director)) department, it is unlawful to shoot, gaff, snag, snare, spear, stone, or otherwise molest food fish or shellfish in state waters.

      (2) It is unlawful to use or discharge an explosive substance in state waters, except by permit of the director.

      Sec. 21. RCW 75.12.100 and 1983 1st ex.s. c 46 s 55 are each amended to read as follows:

      It is unlawful to purchase, handle, deal in, sell, or possess food fish or shellfish contrary to this title or the rules of the ((director)) department.

      Sec. 22. RCW 75.12.115 and 1983 1st ex.s. c 46 s 56 are each amended to read as follows:

      It is unlawful to fish commercially for crayfish in state waters except where crayfish have been commercially cultured or as permitted by rules of the ((director)) department.

      Sec. 23. RCW 75.12.420 and 1983 1st ex.s. c 46 s 67 are each amended to read as follows:

      It is unlawful for a ((fisherman)) fisher, dealer, or processor of food fish or shellfish to fail to make a report or return as required by this title or rule of the ((director)) department.

      Sec. 24. RCW 75.12.650 and 1983 1st ex.s. c 46 s 69 are each amended to read as follows:

      It is unlawful to fish commercially for salmon using fishing gear not authorized for commercial salmon fishing by rule of the ((director)) department. The ((director)) commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.

      Sec. 25. RCW 75.24.050 and 1983 1st ex.s. c 46 s 80 are each amended to read as follows:

      It is unlawful to take shellfish from state oyster reserves or tidelands under the jurisdiction of the state contrary to this title or rules of the ((director)) department.

      Sec. 26. RCW 75.24.090 and 1983 1st ex.s. c 46 s 84 are each amended to read as follows:

      It is unlawful to destroy oysters or clams by culling them on land or shore and leaving the culled oysters or clams there to die. The culled oysters or clams must be returned to the harvest area, except as provided by rule of the ((director)) department.

      Sec. 27. RCW 75.28.040 and 1993 c 340 s 6 are each amended to read as follows:

      (1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the ((director)) department.

      (2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.

      (3) Unless otherwise provided in this title or rules of the ((director)) department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees.

      Sec. 28. RCW 75.28.110 and 1993 sp.s. c 17 s 35 are each amended to read as follows:

      (1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 75.30.120 may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 75.50.100 are:


          Fishery                                Resident    Nonresident       Surcharge

          License                                   Fee               Fee

 

(a) Salmon Gill Net—Grays              $380               $685            plus $100

          Harbor-Columbia river

(b) Salmon Gill Net—Puget              $380               $685            plus $100

          Sound

(c) Salmon Gill Net—Willapa           $380               $685            plus $100

          Bay-Columbia river

(d) Salmon purse seine                    $530               $985            plus $100

(e) Salmon reef net                          $380               $685            plus $100

(f) Salmon troll                               $380               $685            plus $100


      (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 75.28.045.

      (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the ((director)) department.

      (4) A salmon troll license includes a salmon delivery license.

      (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings:

      (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

      (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

      (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

      Sec. 29. RCW 75.28.315 and 1985 c 248 s 4 are each amended to read as follows:

      Wholesale fish dealers are responsible for documenting the commercial harvest of food fish and shellfish according to the rules of the ((director)) department. The director may allow only wholesale fish dealers or their designees to receive the forms necessary for the accounting of the commercial harvest of food fish and shellfish.

      Sec. 30. RCW 75.28.323 and 1985 c 248 s 6 are each amended to read as follows:

      (1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer. In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars.

      (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section.

      (3) The director may suspend and refuse to reissue a wholesale fish dealer's license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department.

      (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the ((director)) department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish. In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department.

      (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 75.28.300 unless released. Liability under the bond may be released only upon written notification from the department. Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer's annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter.

      Sec. 31. RCW 75.28.690 and 1993 c 340 s 22 are each amended to read as follows:

      (1) A salmon roe license is required for a crew member on a boat designated on a salmon charter license to sell salmon roe as provided in subsection (2) of this section. An individual under sixteen years of age may hold a salmon roe license.

      (2) A crew member on a boat designated on a salmon charter license may sell salmon roe taken from fish caught for personal use, subject to rules of the ((director)) department and the following conditions:

      (a) The salmon is taken by an angler fishing on the charter boat;

      (b) The roe is the property of the angler until the roe is given to the crew member. The crew member shall notify the charter boat's passengers of this fact;

      (c) The crew member sells the roe to a licensed wholesale dealer; and

      (d) The crew member is licensed as provided in subsection (1) of this section and has the license in possession whenever the crew member sells salmon roe.

      Sec. 32. RCW 77.04.020 and 1993 sp.s. c 2 s 59 are each amended to read as follows:

      The department consists of the state fish and wildlife commission and the director. The director is responsible for the administration and operation of the department, subject to the provisions of this title. The commission may delegate to the director ((additional duties and powers necessary and appropriate to carry out this title)) any of the powers and duties vested in the commission. The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed ((pursuant to)) under RCW 77.04.055.

      Sec. 33. RCW 43.300.040 and 1993 sp.s. c 2 s 5 are each amended to read as follows:

      In addition to other powers and duties granted or transferred to the director, the ((director shall have the following powers and duties:

      (1) Supervise and administer the department in accordance with law;

      (2) Appoint personnel and prescribe their duties. Except as otherwise provided, personnel of the department are subject to chapter 41.06 RCW, the state civil service law;

      (3) Enter into contracts on behalf of the agency;

      (4) Adopt rules in accordance with chapter 34.05 RCW, the administrative procedure act;

      (5) Delegate powers, duties, and functions as the director deems necessary for efficient administration but the director shall be responsible for the official acts of the officers and employees of the department;

      (6) Appoint advisory committees and undertake studies, research, and analysis necessary to support the activities of the department;

      (7) Accept and expend grants, gifts, or other funds to further the purposes of the department;

      (8) Carry out the policies of the governor and the basic goals and objectives as prescribed by the fish and wildlife commission pursuant to RCW 77.04.055; and

      (9) Perform other duties as are necessary and consistent with law)) commission may delegate to the director any of the powers and duties vested in the commission.

      NEW SECTION. Sec. 34. RCW 43.300.030 and 1993 sp.s. c 2 s 4 are each repealed.

      Sec. 35. RCW 77.04.090 and 1995 c 403 s 111 are each amended to read as follows:

      The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of ((four)) a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of ((four)) a majority of the members. The commission ((or the director)), when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.

      A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

      NEW SECTION. Sec. 36. This act shall take effect July 1, 1996."

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

      On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 75.08.011, 75.08.230, 75.10.020, 75.10.030, 75.10.040, 75.10.050, 75.10.100, 75.10.110, 75.10.120, 75.10.130, 75.10.140, 75.10.150, 75.10.170, 75.10.180, 75.10.190, 75.10.200, 75.12.020, 75.12.070, 75.12.100, 75.12.115, 75.12.420, 75.12.650, 75.24.050, 75.24.090, 75.28.040, 75.28.110, 75.28.315, 75.28.323, 75.28.690, 77.04.020, 43.300.040, and 77.04.090; reenacting and amending RCW 75.10.010; creating a new section; repealing RCW 43.300.030; and providing an effective date."


MOTION


      On motion of Senator Drew, the rules were suspended, Engrossed Substitute House Bill No. 2793, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTIONS


      On motion of Senator Sheldon, Senator Thibaudeau was excused.

      On motion of Senator Wood, Senator Moyer was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2793, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2793, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Moyer and Thibaudeau - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2793, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 1018, by House Committee on Law and Justice (originally sponsored by Representatives Padden and Appelwick)

 

Amending the Washington uniform limited partnership act.


      The bill was read the second time.


MOTIONS


      On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 25.10.020 and 1994 c 211 s 1309 are each amended to read as follows:

      (1) The name of each limited partnership formed pursuant to this chapter as set forth in its certificate of limited partnership:

      (a) Shall contain the words "limited partnership" or the abbreviation "L.P.";

      (b) May not contain the name of a limited partner unless (I) it is also the name of a general partner, or the corporate name of a corporate general partner, or (ii) the business of the limited partnership had been carried on under that name before the admission of that limited partner;

      (c) May not contain any of the following words or phrases: "Bank", "banking", "banker", "trust", "cooperative"; or any combination of the words "industrial" and "loan"; or any combination of any two or more of the words "building", "savings", "loan", "home", "association" and "society"; or any other words or phrases prohibited by any statute of this state;

      (d) Except as authorized by subsections (2) and (3) of this section, must be distinguishable upon the records of the secretary of state from:

      (i) The name or reserved name of a foreign or domestic limited partnership;

      (ii) The name of any limited liability company reserved, registered, or formed under the laws of this state or qualified to do business as a foreign limited liability company in this state;

      (iii) The corporate name of a corporation incorporated or authorized to transact business in this state;

      (((iii))) (iv) A corporate name reserved or registered under RCW 23B.04.020 or 23B.04.030;

      (((iv))) (v) The fictitious name adopted pursuant to RCW 23B.15.060 by a foreign corporation authorized to transact business in this state because its real name is unavailable; and

      (((v))) (vi) The corporate name of a not-for-profit corporation incorporated or authorized to conduct affairs in this state((; and

      (vi) The name of a limited liability company organized or authorized to transact business in this state)).

      (2) A limited partnership may apply to the secretary of state for authorization to use a name that is not distinguishable upon the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if:

      (a) The other limited partnership, corporation, or holder consents to the use in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited partnership; or

      (b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.

      (3) A limited partnership may use the name, including the fictitious name, of another domestic or foreign limited partnership, limited liability company, or corporation that is used in this state if the other limited partnership, limited liability company, or corporation is organized, incorporated, or authorized to transact business in this state and the proposed user limited partnership:

      (a) Has merged with the other limited partnership, limited liability company, or corporation; or

      (b) Results from reorganization with the other limited partnership, limited liability company, or corporation.

      (4) A name shall not be considered distinguishable upon the records of the secretary of state by virtue of:

      (a) A variation in the designation, under subsection (1)(a) of this section, used for the same name;

      (b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;

      (c) Punctuation, capitalization, or special characters or symbols in the same name; or

      (d) Use of abbreviation or the plural form of a word in the same name.

      (5) This title does not control the use of assumed business names or "trade names."

      Sec. 2. RCW 25.10.330 and 1987 c 55 s 25 are each amended to read as follows:

      A limited partner may withdraw from a limited partnership at the time or upon the happening of events specified in and in accordance with the partnership agreement. If the partnership agreement does not specify the time or the events upon the happening of which a limited partner may withdraw ((or a definite)), a limited partner may not withdraw prior to the time for the dissolution and winding up of the limited partnership((, a limited partner may withdraw upon not less than six months' prior written notice to each general partner at that partner's address on the books of the limited partnership at its office in this state)).

      Sec. 3. RCW 25.10.440 and 1991 c 269 s 30 are each amended to read as follows:

      A limited partnership is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following:

      (1) At the ((time)) date specified in the certificate of limited partnership as amended from time to time, or if no date is specified, at a date which is thirty years after the effective date of filing the original certificate of limited partnership;

      (2) Upon the happening of events specified in the partnership agreement;

      (3) Written consent of all partners;

      (4) An event of withdrawal of a general partner unless at the time there is at least one other general partner and the partnership agreement permits the business of the limited partnership to be carried on by the remaining general partner and that partner does so, but the limited partnership is not dissolved and is not required to be wound up by reason of any event of withdrawal if, within ninety days after the withdrawal, all partners agree in writing to continue the business of the limited partnership and to the appointment of one or more additional general partners if necessary or desired;

      (5) Entry of a decree of judicial dissolution under RCW 25.10.450; or

      (6) Administrative dissolution under RCW 25.10.455."

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

      On page 1, line 2 of the title, after "partnership;" strike the remainder of the title and insert "and amending RCW 25.10.020, 25.10.330, and 25.10.440."


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1018, as amended by the Senate, 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 Substitute House Bill No. 1018, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1018, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Moyer and Thibaudeau - 2.

      SUBSTITUTE HOUSE BILL NO. 1018, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2490, by Representatives L. Thomas, Dyer, Grant and Kessler

 

Providing for credit for reinsurance of trust fund maintained that meets national association of insurance commissioners standards.


      The bill was read the second time.


MOTION


      Senator Prentice moved that the following Committee on Financial Institutions and Housing amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 48.12.160 and 1994 c 86 s 1 are each amended to read as follows:

      (1) Any insurance company organized under the laws of this state may take credit as an asset or as a deduction from loss or claim, unearned premium, or life policy or contract reserves on risks ceded to a reinsurer to the extent reinsured by an insurer or insurers holding a certificate of authority to transact that kind of business in this state. The credit on ceded risks reinsured by any insurer which is not authorized to transact business in this state may be taken:

      (a) Where the reinsurer is a group including incorporated and unincorporated underwriters, and the group maintains a trust fund in a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, which trust fund must be in an amount equal to the group's liabilities attributable to business written in the United States, and in addition, the group shall maintain a trusteed surplus of which one hundred million dollars shall be held jointly and exclusively for the benefit of United States ceding insurers of any member of the group; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and the group shall make available to the commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants; ((or))

      (b) Where the reinsurer does not meet the definition of (a) of this subsection, the reinsurer maintains a trust fund in a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, which trust fund must be in an amount equal to the reinsurer's liabilities attributable to reinsurance ceded by United States domiciled insurers, and in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars; or

      (c) In an amount not exceeding:

      (i) The amount of deposits by and funds withheld from the assuming insurer pursuant to express provision therefor in the reinsurance contract, as security for the payment of the obligations thereunder, if the deposits or funds are assets of the types and amounts that are authorized under chapter 48.13 RCW and are held subject to withdrawal by and under the control of the ceding insurer or if the deposits or funds are placed in trust for these purposes in a bank which is a member of the federal reserve system and withdrawals from the trust cannot be made without the consent of the ceding company; or

      (ii) The amount of a clean, irrevocable, and unconditional letter of credit issued by a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, and issued for a term of at least one year with provisions that it must be renewed unless the bank gives notice of nonrenewal at least thirty days before the expiration issued under arrangements satisfactory to the commissioner of insurance as constituting security to the ceding insurer substantially equal to that of a deposit under (((b))) (c)(i) of this subsection.

      (2) Any reinsurance ceded by a company organized under the laws of this state or ceded by any company not organized under the laws of this state and transacting business in this state must be payable by the assuming insurer on the basis of liability of the ceding company under the contract or contracts reinsured without diminution because of the insolvency of the ceding company, and any such reinsurance agreement which may be canceled on less than ninety days notice must provide for a run-off of the reinsurance in force at the date of cancellation.

      (3) A reinsurance agreement may provide that the liquidator or receiver or statutory successor of an insolvent ceding insurer shall give written notice of the pendency of a claim against the insolvent ceding insurer on the policy or bond reinsured within a reasonable time after such claim is filed in the insolvency proceeding and that during the pendency of such claim any assuming insurer may investigate such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defense or defenses which it may deem available to the ceding insurer or its liquidator or receiver or statutory successor.

      The expense thus incurred by the assuming insurer shall be chargeable subject to court approval against the insolvent ceding insurer as a part of the expense of liquidation to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer.

      (4) Where two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose to such claim, the expense shall be apportioned in accordance with the terms of the reinsurance agreement as though such expense had been incurred by the ceding insurer.

      NEW SECTION. Sec. 2. The provisions of section 1 of this act shall have no application until the adoption of implementing rules by the insurance commissioner. Prior to the adoption of implementing rules, the insurance commissioner shall conduct a study to determine the safety, soundness, and administrative feasibility of the practice set forth in section 1 of this act and report the findings of the study to the appropriate standing committees of the legislature by January 1, 1997. This report may contain recommendations for proposed legislation to further effectuate the intent of section 1 of this act. The insurance commissioner may subsequently adopt further rules in addition to the implementing of rules for the purpose of continuing to effectuate section 1 of this act.

      NEW SECTION. Sec. 3. There is appropriated from the insurance commissioner's regulatory account, over and above the appropriation for the insurance commissioner for the fiscal year ending June 30, 1997, the sum of ten thousand dollars to conduct the study in section 2 of this act.

      NEW SECTION. Sec. 4. Section 1 of this act takes effect July 1, 1997."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Financial Institutions and Housing striking amendment to House Bill No. 2490.

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


MOTIONS


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

      On page 1, line 1 of the title, after "risks;" strike the remainder of the title and insert "amending RCW 48.12.160; creating a new section; making an appropriation; and providing an effective date."

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2490, as amended by the Senate, 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 House Bill No. 2490, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2490, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Moyer - 1.

      HOUSE BILL NO. 2490, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2414, by Representatives D. Schmidt, Chopp and L. Thomas

 

Standardizing the recording of documents.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 36.18.010 and 1995 c 246 s 37 are each amended to read as follows:

      County auditors or recording officers shall collect the following fees for their official services:

      For recording instruments, for the first page((, legal size ())eight and one-half by fourteen inches or less(())), five dollars; for each additional ((legal size)) page eight and one-half by fourteen inches or less, one dollar; the fee for recording multiple transactions contained in one instrument will be calculated individually for each transaction requiring separate indexing as required under RCW 65.04.050;

      For preparing and certifying copies, for the first ((legal size)) page eight and one-half by fourteen inches or less, three dollars; for each additional ((legal size)) page eight and one-half by fourteen inches or less, one dollar;

      For preparing noncertified copies, for each ((legal size)) page eight and one-half by fourteen inches or less, one dollar;

      For administering an oath or taking an affidavit, with or without seal, two dollars;

      For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;

      For searching records per hour, eight dollars;

      For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;

      For recording of miscellaneous records((,)) not listed above, for the first ((legal size)) page eight and one-half by fourteen inches or less, five dollars; for each additional ((legal size)) page eight and one-half by fourteen inches or less, one dollar;

      For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170.

      NEW SECTION. Sec. 2. A new section is added to chapter 65.04 RCW to read as follows:

      (1) When any instrument is presented to a county auditor or recording officer for recording, the first page of the instrument shall contain:

      (a) A top margin of at least three inches and a one-inch margin on the bottom and sides;

      (b) The top left-hand side of the page shall contain the name and address to whom the instrument will be returned;

      (c) The title or titles of the instrument to be recorded indicating the kind or kinds of documents or transactions contained therein. The auditor or recording officer shall only be required to index the title or titles captioned on the document;

      (d) Reference numbers of documents assigned or released with reference to the document page number where additional references can be found, if applicable;

      (e) The names of the grantor(s) and grantee(s) with reference to the document page number where additional names are if applicable;

      (f) An abbreviated legal description of the property, including lot, block, plat, or section, township, and range, and reference to the document page number where the full legal description is included, if applicable;

      (g) The assessor's property tax parcel or account number;

      (2) All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that are not larger than fourteen inches long and eight and one-half inches wide with text printed or written in eight point type or larger. Further, all instruments presented for recording must have a one-inch margin on the top, bottom, and sides for all pages except page one, be prepared in ink color capable of being imaged, and have all seals legible and capable of being imaged, and no attachments may be affixed to the pages.

      The information provided on the instrument must be in substantially the following form:

This Space Provided for Recorder's Use

 

When Recorded Return to:

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 


Document Title(s)

 

Grantor(s)

Grantee(s)

Legal Description

Assessor's Property Tax Parcel or Account Number

Reference Numbers of Documents Assigned or Released

      NEW SECTION. Sec. 3. A new section is added to chapter 65.04 RCW to read as follows:

      If an instrument presented for recording does not contain the information required by section 2(1)(a) through (e) of this act, the person preparing the instrument for recording shall prepare a cover sheet that contains the required information. The cover sheet shall be attached to the instrument and shall be recorded as a part of the instrument. An additional page fee as determined under RCW 36.18.010 shall be collected for recording of the cover sheet. Any errors in the cover sheet shall not affect the transactions contained in the instrument itself. The cover sheet need not be separately signed or acknowledged. The cover sheet information shall be used to generate the auditor's grantor/grantee index, however, the names and legal description in the instrument itself will determine the legal chain of title. The cover sheet shall be substantially the following form:


WASHINGTON STATE COUNTY AUDITOR/RECORDER'S

INDEXING FORM


Return Address

Please print or type information

Document Title(s) (or transactions contained therein):

1.

2.

3.

4.


Grantor(s) (Last name first, then first name and initials)

1.

2.

3.

4.

5. ☐ Additional names on page ___ of document.


Grantee(s) (Last name first, then first name and initials)

1.

2.

3.

4.

5. ☐ Additional names on page ___ of document.


Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)

☐ Additional legal description is on page ___ of document.


Assessor's Property Tax Parcel or Account Number:


Reference Number(s) of Documents assigned or released:


☐ Additional references on page ___ of document.


The Auditor or Recording Officer will rely on the information provided on this form. The staff will not read the document to verify the accuracy of or the completeness of the indexing information provided herein.

      Sec. 4. RCW 65.04.050 and 1991 c 26 s 6 are each amended to read as follows:

      Every auditor or recording officer must keep a general index, direct and inverted. The index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized data base and displayed on a video display terminal. Any reference to a prior record location number may be entered in the remarks column. Any property legal description contained in the instrument must be entered in the description of property column of the general index. The direct index shall be divided into ((seven)) eight columns, and with heads to the respective columns, as follows: Date of reception, grantor, grantee, nature of instrument, volume and page where recorded and/or the auditor's file number, remarks, description of property, assessor's property tax parcel or account number. The auditor or recording officer shall correctly enter in such index every instrument concerning or affecting real estate which by law is required to be recorded, the names of grantors being in alphabetical order. The inverted index shall also be divided into ((seven)) eight columns, precisely similar, except that "grantee" shall occupy the second column and "grantor" the third, the names of grantees being in alphabetical order. The auditor or recording officer may combine the direct and indirect indexes into a single index if it contains all the information required to be contained in the separate direct and indirect indexes and the names of all grantors and grantees can be found by a person searching the combined index. For the purposes of this chapter, the term "grantor" means any person conveying or encumbering the title to any property, or any person against whom any lis pendens, judgment, notice of lien, order of sale, execution, writ of attachment, or claims of separate or community property shall be placed on record. The auditor or recording officer shall also enter in the general index, the name of the party or parties platting a town, village, or addition in the column prescribed for "grantors," describing the grantee in such case as "the public." However, the auditor or recording officer shall not receive or record any such plat or map until it has been approved by the mayor and common council of the municipality in which the property so platted is situated, or if the property be not situated within any municipal corporation, then the plat must be first approved by the county legislative authority. The auditor or recording officer shall not receive for record any plat, map, or subdivision of land bearing a name the same or similar to the name of any map or plat already on record in the office. The auditor or recording officer may establish a name reservation system to preclude the possibility of duplication of names.

      NEW SECTION. Sec. 5. This act shall take effect January 1, 1997."

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

      On page 1, line 1 of the title, after "documents;" strike the remainder of the title and insert "amending RCW 36.18.010 and 65.04.050; adding new sections to chapter 65.04 RCW; and providing an effective date."


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2414, as amended by the Senate, 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 House Bill No. 2414, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2414, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Quigley - 1.

      Excused: Senator Moyer - 1.

      HOUSE BILL NO. 2414, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2291, by Representatives Van Luven, Veloria, Brumsickle, Jacobsen, Radcliff, Hatfield, Mason and Thompson

 

Promoting international educational, cultural, and business exchanges.


      The bill was read the second time.


MOTIONS


      On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:

      Strike everything after the enacting clause and insert the following:

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

      (a) Educational, cultural, and business exchange programs are important in developing mutually beneficial relationships between Washington state and other countries;

      (b) Enhanced international trade, cultural, and educational opportunities are developed when cities, counties, ports, and others establish sister relationships with their counterparts in other countries;

      (c) It is important to the economic future of the state to promote international awareness and understanding; and

      (d) The state's economy and economic well-being depend heavily on foreign trade and international exchanges.

      (2) The legislature declares that the purpose of this act is to:

      (a) Enhance Washington state's ability to develop relationships and contacts throughout the world enabling us to expand international education and trade opportunities for all citizens of the state;

      (b) Develop and maintain an international data base of contacts in international trade markets;

      (c) Encourage outstanding international students who reside in countries with existing trade relationships to attend Washington state's institutions of higher education; and

      (d) Encourage Washington students to attend institutions of higher education located in countries with existing trading relationships with Washington state.


PART I - CULTURAL EXCHANGE COUNCIL


      NEW SECTION. Sec. 101. The international education and exchange council is created in the secretary of state's office. The council is established as a public-private partnership. The purpose of the council is to assist the governor, the legislature, elected state officials, state and local agencies, educational institutions, businesses, and organizations that foster international educational, business, and cultural exchanges as these organizations and agencies attempt to implement and further develop Washington's efforts to work with targeted trading partners and with educational and trade organizations from outside the United States.

      NEW SECTION. Sec. 102. (1) The initial members of the council may include, but need not be limited to:

      (a) Representatives from the department of community, trade, and economic development; the department of agriculture; the office of the secretary of state; and the governor's office of protocol;

      (b) Two members of the house of representatives, one from each caucus, selected by the speaker of the house of representatives;

      (c) Two members of the senate, one from each caucus, selected by the president of the senate;

      (d) Representatives of the common schools and public and private institutions of higher education;

      (e) Representatives of the business community who are working in state-international trade efforts;

      (f) Representatives of organizations dedicated to international trade and cultural exchanges; and

      (g) Interested members of the public selected by the secretary of state.

      (2) The initial nonlegislative members shall be selected by the governor and the secretary of state.

      (3) When the initial board members leave the council, any replacements shall be selected by members of the council.

      NEW SECTION. Sec. 103. The duties of the council may include, but need not be limited to:

      (1) Advising the governor, elected state officials, the legislature, and others as appropriate on the needs of Washington state for international education and cultural exchange opportunities;

      (2) Assisting efforts by state and local governments, business, education, and others to work with businesses, governmental units, educational institutions, and organizations outside the United States, with an emphasis on organizations, businesses, agencies, and educational institutions in the countries that comprise Washington's targeted trading partners;

      (3) Promoting efforts to enhance cultural, business, and educational exchange opportunities;

      (4) Assisting the department of community, trade, and economic development and the office of international relations and protocol to provide information and assist local governments in maintaining their established sister relationships in other countries;

      (5) Assisting in maintaining the data base on cultural exchange opportunities and state residents who have participated in international exchanges;

      (6) Monitoring the implementation of the recommendations of the Washington task force on international education and cultural exchanges; and

      (7) Undertaking other duties as assigned.

      NEW SECTION. Sec. 104. The council may establish a private, nonprofit corporation created specifically to foster international educational, business, and cultural exchanges. Any such private, nonprofit corporation must qualify as a tax-exempt, nonprofit corporation under section 501(c) of the federal internal revenue code.

      NEW SECTION. Sec. 105. The secretary of state and the council may accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. The secretary of state shall adopt rules to govern and protect the receipt and expenditure of the proceeds.


PART II - INTERNATIONAL TRADING PARTNERS PROGRAM


      NEW SECTION. Sec. 201. The legislature believes that Washington state has hundreds of residents with expertise that they are willing to share with developing international trade partners on a volunteer basis. The legislature believes that by sharing their knowledge and skills, these volunteers could enrich the lives of all Washingtonians by promoting friendship and understanding between cultures, providing trained manpower improving the lives of their friends overseas, and creating a positive international image of Washington state.

      NEW SECTION. Sec. 202. The secretary of state may develop a pilot project to furnish developing international trading partners with technical assistance, training, and expertise through services provided by volunteers. The secretary of state shall establish appropriate procedures to carry out the project. The secretary of state may appoint a director of the project who serves at the pleasure of the secretary of state, and appropriate staff as funding allows, however, the secretary of state is responsible for the continuous supervision and general direction of the project.

      NEW SECTION. Sec. 203. (1) The secretary of state may enroll residents of Washington state in the project. These residents, referred to in this chapter as volunteers, shall be selected based on their skills, expertise, and language proficiency, the technical, educational, or training needs of the participating country, and other considerations deemed relevant by the secretary of state to furthering the goals and purposes of the project. The secretary of state shall consider for participation in the program retired persons, students, and persons whose skills and backgrounds will contribute to the success of the program. In carrying out this subsection, there shall be no discrimination against any person based on race, gender, creed, or color.

      (2) Volunteers shall not be deemed officers or employees of the state of Washington or otherwise in the service or employment of, or holding office under, the state of Washington.

      (3) The terms and conditions of the enrollment, training, compensation, hours of work, benefits, leave, termination, and all other conditions of service of volunteers shall be exclusively those set forth by the terms of the project. Service as a volunteer may be terminated at any time at the pleasure of the secretary of state.

      NEW SECTION. Sec. 204. (1) If funding is available, volunteers may be provided with living, travel, and leave allowances, and such housing, transportation, supplies, and equipment as the secretary of state may deem necessary for their maintenance and to ensure their health and their capacity to serve effectively. Transportation may be provided to volunteers for travel to and from the country of service.

      (2) The secretary of state may establish policies regarding arrangements for spouses and children of volunteers to accompany the volunteers abroad.

      (3) The secretary of state shall indemnify the state for claims relating to the project.

      NEW SECTION. Sec. 205. Funding for the volunteer activities shall come from legislative appropriations, federal funds, private support funds, grant money available to implement technical assistance programs overseas, and such other funds as the secretary of state may receive.


PART III - INTERNATIONAL CONTACT DATA BASE


      NEW SECTION. Sec. 301. (1) The legislature finds that knowledge of international exchange students who have studied in Washington state institutions of higher education, especially those from key trading partner countries, and knowledge of Washington state students, interns, and citizens working and studying abroad, is critical to the ability of Washington businesses and citizens to establish contacts and networks in the competitive world market.

      (2) The legislature also finds that knowledge of worldwide business contacts, government contacts, cultural contacts, and international friends is critical to building a solid network of opportunities for developing trade relations for our state.

      (3) The secretary of state may develop and maintain a data base, to be known as the international contact data base, listing, in addition to any other information: (a) Washington students, interns, and citizens working and studying overseas; (b) international students who have studied at Washington educational institutions; (c) exchange opportunities for Washington residents wishing to participate in education, internships, or technical assistance programs in the areas of agriculture, hydroelectric power, aerospace, computers and technology, academics, medicine, and communications; (d) international business contacts of those people interested in doing business with Washington business; and (e) international government contacts, particularly with our key trading partners.

      The data base may be designed to be used as a resource for Washington citizens, businesses, and other entities seeking contacts in international trade markets overseas.

      (4) The department of community, trade, and economic development, the department of agriculture, and the governor's office of protocol may assist the secretary of state in designing and developing the data base and in obtaining data for inclusion in the data base. Four-year educational institutions and their alumni associations are encouraged to maintain data concerning students studying or working abroad, international students attending their institutions, and exchange opportunities available to their students and other citizens, and to make such data freely available to the secretary of state for inclusion in the data base.

      (5) The information contained in the data base may be made available on request for inspection or copying for free or at cost. The secretary of state shall not distinguish among persons requesting information from the data base, though the secretary of state may request information from requesters for purposes of monitoring trade contacts and evaluating the uses and effectiveness of the data base.

      (6) Any person listed in the data base may request in writing that his or her name, address, telephone number, or other identifying information be omitted from the data base. Nothing in this section prohibits the secretary of state from refusing to disclose information exempt from disclosure under RCW 42.17.310.

      Sec. 302. RCW 42.17.310 and 1995 c 267 s 6 are each amended to read as follows:

      (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.

      (ii) Personal information in files maintained in a data base created under section 301 of this act.

      (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.

      NEW SECTION. Sec. 303. The department of community, trade, and economic development, in consultation with the office of protocol, the office of the secretary of state, the department of agriculture, and the employment security department shall identify up to fifteen countries that are of strategic importance to the development of Washington's international trade relations.


PART IV - INTERNATIONAL STUDENT EXCHANGES AND INTERNSHIPS


      NEW SECTION. Sec. 401. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Board" means the higher education coordinating board.

      (2) "Eligible participant" means an international student whose country of residence has a trade relationship with the state of Washington.

      (3) "Institution of higher education" or "institution" means a college or university in the state of Washington that is accredited by an accrediting association recognized as such by rule of the board.

      (4) "Service obligation" means volunteering for a minimum number of hours as established by the board based on the amount of scholarship award, to speak to or teach groups of Washington citizens, including but not limited to elementary, middle, and high schools, service clubs, and universities.

      (5) "Washington international exchange scholarship program" means a scholarship award for a period not to exceed one academic year to attend a Washington institution of higher education made to an international student whose country has an established trade relationship with Washington.

      NEW SECTION. Sec. 402. The Washington international exchange scholarship program is created subject to funding under section 406 of this act. The program shall be administered by the board. In administering the program, the board may:

      (1) Convene an advisory committee that may include but need not be limited to representatives of the office of the superintendent of public instruction, the department of community, trade, and economic development, the secretary of state, private business, and institutions of higher education;

      (2) Select students to receive the scholarship with the assistance of a screening committee composed of leaders in business, international trade, and education;

      (3) Adopt necessary rules and guidelines including rules for disbursing scholarship funds to participants;

      (4) Publicize the program;

      (5) Solicit and accept grants and donations from public and private sources for the program;

      (6) Establish and notify participants of service obligations; and

      (7) Establish a formula for selecting the countries from which participants may be selected in consultation with the department of community, trade, and economic development.

      NEW SECTION. Sec. 403. The board may negotiate and enter into a reciprocal agreement with foreign countries that have international students attending institutions in Washington. The goal of the reciprocal agreements shall be to allow Washington students enrolled in an institution of higher education to attend an international institution under similar terms and conditions.

      NEW SECTION. Sec. 404. If funds are available, the board shall select students yearly to receive a Washington international exchange student scholarship from moneys earned from the Washington international exchange scholarship endowment fund created in section 406 of this act, from funds appropriated to the board for this purpose, or from any private donations, or from any other funds given to the board for this program.

      NEW SECTION. Sec. 405. The Washington international exchange trust fund is established in the custody of the state treasurer. Any funds appropriated by the legislature for the trust fund shall be deposited into the fund. At the request of the board, and when conditions set forth in section 407 of this act are met, the treasurer shall deposit state matching moneys from the Washington international exchange trust fund into the Washington international exchange scholarship endowment fund. No appropriation is required for expenditures from the trust fund.

      NEW SECTION. Sec. 406. The Washington international exchange scholarship endowment fund is established in the custody of the state treasurer. Moneys received from the private donations and funds received from any other source may be deposited into the endowment fund. At the request of the board, the treasurer shall release earnings from the endowment fund to the board for scholarships. No appropriation is required for expenditures from the endowment fund. The principal of the endowment fund shall not be invaded. The earnings on the fund shall be used solely for the purposes in this chapter.

      NEW SECTION. Sec. 407. The board may request that the treasurer deposit state matching funds into the Washington international exchange scholarship endowment fund when the board can match the state funds with an equal amount of private cash donations, including conditional gifts.

      NEW SECTION. Sec. 408. Each Washington international exchange scholarship recipient shall agree to complete the service obligation as defined by the board.

      Sec. 409. RCW 43.79A.040 and 1995 c 394 s 2 and 1995 c 365 s 1 are each reenacted and amended to read as follows:

      (1) Money in the treasurer's trust fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

      (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

      (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

      (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the rural rehabilitation account, and the self-insurance revolving fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, and the local rail service assistance account.

      (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      NEW SECTION. Sec. 410. (1) The higher education coordinating board shall establish an advisory committee to assist in program design and to develop criteria for an international students internship program.

      (2) The advisory committee may include, but need not be limited to the governor, a representative of the department of community, trade, and economic development, the secretary of state, and representatives of institutions of higher education, cultural exchange organizations, international trade organizations, and business.

      (3) By December 31, 1997, the board shall make recommendations for legislation establishing a program for successful completion of internships within countries of targeted trading partners identified by the department of community, trade, and economic development that provides for credit opportunities toward degree programs for Washington state students.

      (4) The advisory committee established in subsection (1) of this section shall expire December 1, 1997.


PART V - TECHNICAL PROVISIONS


      NEW SECTION. Sec. 501. Sections 101 through 105 and 301 of this act are each added to chapter 43.07 RCW.

      NEW SECTION. Sec. 502. Sections 201 through 205 and 301 of this act shall expire December 31, 2000.

      NEW SECTION. Sec. 503. (1) Sections 201 through 205 of this act shall constitute a new chapter in Title 43 RCW.

      (2) Sections 401 through 408 and 410 of this act shall constitute a new chapter in Title 28B RCW.

      NEW SECTION. Sec. 504. 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. 505. Part headings as used in this act constitute no part of the law."

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

      On page 1, line 2 of the title, after "exchanges;" strike the remainder of the title and insert "amending RCW 42.17.310; reenacting and amending RCW 43.79A.040; adding new sections to chapter 43.07 RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 28B RCW; creating new sections; and providing an expiration date."


MOTION


      On motion of Senator Pelz, the rules were suspended, House Bill No. 2291, as amended by the Senate, 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 House Bill No. 2291, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2291, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 41.

      Voting nay: Senators Cantu, Hochstatter, McCaslin, McDonald, Morton, Strannigan and Zarelli - 7.

      Excused: Senator Moyer - 1.

      HOUSE BILL NO. 2291, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2932, by Representatives Sheahan, Smith and McMahan

 

Allowing the human rights commission to offer alternative dispute resolution to parties involved in a claim of illegal discrimination.


      The bill was read the second time.


MOTIONS


      On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 49.60 RCW to read as follows:

      (1) The legislature finds that: (a) Equal protection under the law is a fundamental principle of constitutional government essential to the well-being and perpetuation of a free society; (b) governmental entities should not engage in any discrimination prohibited by this chapter; (c) governmental entities should review employment-related practices to ensure discrimination prohibited by this chapter does not occur; and (d) existing remedies for resolving claims of illegal discrimination against public or private entities may unnecessarily create a difficult, lengthy, and costly process for all parties involved.

      (2) The commission is authorized, in addition to RCW 49.60.240 and 49.60.250, to offer alternative dispute resolution as a process through which parties involved in a claim of illegal discrimination can attempt to resolve the claim."

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

      On page 1, line 1 of the title, after "discrimination;" strike the remainder of the title and insert "and adding a new section to chapter 49.60 RCW."


MOTION


      On motion of Senator Smith, the rules were suspended, House Bill No. 2932, as amended by the Senate, 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 House Bill No. 2932, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2932, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Moyer - 1.

      HOUSE BILL NO. 2932, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2604, by Representatives Silver, R. Fisher, Chopp and Tokuda

 

Providing vehicle owners' names and addresses to commercial parking companies.


      The bill was read the second time.


MOTION


      On motion of Senator Owen, the rules were suspended, House Bill No. 2604 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2604.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2604 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Moyer - 1.

      HOUSE BILL NO. 2604, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2248, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Hymes, Sehlin, Koster, Johnson, Hargrove, Beeksma, Chandler and Thompson)

 

Providing for future law enforcement officers training.


      The bill was read the second time.


MOTIONS


      Senator Fraser moved that the following Committee on Ecology and Parks amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes that there has been considerable growth in the number of options available for on-site treatment and disposal of sewage in recent years, increasing the potential for development of sites in which conventional sewage systems will not work. The legislature finds that, despite these technological advances, barriers to wide-scale application of alternative systems exist. Therefore, it is the purpose of this act to streamline the permitting of on-site systems of sewerage, and to promote efficiency in the delivery of water quality and pollution prevention programs through service-oriented utilities.

      NEW SECTION. Sec. 2. A new section is added to chapter 70.05 RCW to read as follows:

      (1) The local health officer must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application, or within another time period as established by the jurisdictional board of health. The local health officer must respond by replying that the application is either approved, denied, or pending.

      (2) If the local health officer denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, rules, or ordinances. The local health officer must provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.

      (3) If the local health officer identifies the application as pending and subject to review beyond the time established in subsection (1) of this section, the local health officer must provide the applicant with a written justification that the site-specific conditions or other circumstances necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision. The local health officer must also include an estimate of the time that will be required for a decision on the application once the applicant has provided all necessary information.

      (4) A local health officer may not limit the number of alternative sewage systems within his or her jurisdiction without cause. Any such limitation must be based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the local health officer must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.

      NEW SECTION. Sec. 3. A new section is added to chapter 70.118 RCW to read as follows:

      The department of health must include a person who is familiar with the operation and maintenance of certified proprietary devices on the technical review committee responsible for evaluating and making recommendations to the department of health regarding the general use of alternative on-site sewage systems in the state.

      NEW SECTION. Sec. 4. A new section is added to chapter 56.04 RCW to read as follows:

      (1) As an alternative means to forming a sewer district, a county legislative authority may authorize the formation of a sewer district to serve solely a new development that at the time of formation does not have any residents, at the written request of sixty percent of the owners of the area to be included in the proposed district. The county legislative authority must review the proposed district according to RCW 56.02.060. Approval or disapproval of the proposed district is as provided in RCW 56.02.070.

      (2) The county legislative authority must appoint the initial sewer commissioners of the district. The commissioners serve until seventy-five percent of the development is sold and occupied, or until some other time as specified by the county legislative authority when the district is approved. Commissioners serving under this subsection are not entitled to any form of compensation from the district.

      (3) New commissioners shall be elected as provided under RCW 56.12.020 at the next election held under RCW 29.13.010 that follows more than ninety days after the date seventy-five percent of the development is sold and occupied, or after the time specified by the county legislative authority when the district is approved.

      (4) A sewer district created under this section may be dissolved or transferred by order of the county legislative authority at the written request of sixty percent of the owners of the area included in the district. The sewer district may be dissolved under chapter 36.96 RCW, transferred to a county under RCW 36.94.310, or transferred to a city under chapter 35.13A RCW.

      NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:

      In order to assure that technical guidelines and standards keep pace with advancing technologies, the department of health, in collaboration with the technical review committee, local health departments, the certified proprietary device association, and other interested parties, must review and update as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update shall be completed by January 1, 1997.

      Sec. 6. RCW 35.67.010 and 1965 c 110 s 1 are each amended to read as follows:

      A "system of sewerage" means and may include((s)) any or all of the following:

      (1) Sanitary sewage ((disposal sewers)) collection, treatment, and/or disposal facilities and programs, on-site or off-site sanitary sewerage facilities such as approved on-site sewage systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city;

      (2) Combined sanitary sewage disposal and storm or surface water sewers;

      (3) Storm or surface water sewers;

      (4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, ((or)) and rights and interests in property relating to the system;

      (5) Combined water and sewerage systems;

      (6) Water quality education and public involvement programs for the protection of waters of the state as defined by RCW 90.48.020 from pollution. Such education programs are limited to those that are directly related to the sewerage facilities and programs operated by a city or town;

      (7) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town;

      (8) Public restroom and sanitary facilities; and

      (9) Any combination of or part of any or all of such facilities.

      The words "public utility" when used in this chapter shall have the same meaning as the words "system of sewerage."

      Sec. 7. RCW 35.67.020 and 1995 c 124 s 3 are each amended to read as follows:

      Every city and town may construct, condemn and purchase, acquire, add to, implement, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits, with full jurisdiction and authority to manage, regulate, and control them and to fix, alter, regulate, and control the rates and charges for their use. The rates charged must be uniform for the same class of customers or service.

      In classifying customers served or service, facilities, and programs furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The difference in cost of service, facilities, and programs to the various customers; (2) the location of the various customers within and without the city or town; (3) the difference in cost of maintenance, operation, implementation, repair, and replacement of the various parts of the system; (4) the different character of the service, facilities, and programs furnished various customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) the achievement of water conservation goals and the discouragement of wasteful water use practices; (7) capital contributions made to the system, including but not limited to, assessments; (8) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (9) any other matters which present a reasonable difference as a ground for distinction. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A city or town may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 8. RCW 35.92.020 and 1995 c 124 s 5 are each amended to read as follows:

      A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, implement, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030, and shall have full authority to manage, regulate, operate, control, and to fix the price of service, facility, or program of those systems, plants, sites, or other facilities within and without the limits of the city or town. The rates charged shall be uniform for the same class of customers or service, facility, or program. In classifying customers served or service, facilities, and programs furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors: (1) The difference in cost of service, facilities, and programs to customers; (2) the location of customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the parts of the system; (4) the different character of the service, facilities, and programs furnished to customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments; (7) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (8) any other factors that present a reasonable difference as a ground for distinction. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A city or town may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 9. RCW 36.94.010 and 1981 c 313 s 14 are each amended to read as follows:

      As used in this chapter:

      (1) A "system of sewerage" means and may include((s)) any or all of the following:

      (a) Sanitary sewage collection, treatment, and/or disposal ((sewers and)) facilities and programs, including without limitation on-site or off-site sanitary sewerage facilities ((consisting of an)) such as approved septic tanks or septic tank systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for private or public on-site systems, or any other means of sewage treatment and disposal approved by the county;

      (b) Combined sanitary sewage disposal and storm or surface water drains and facilities;

      (c) Storm or surface water drains, channels, and facilities;

      (d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;

      (e) Combined water and sewerage systems;

      (f) Water quality education and public involvement programs for the protection of waters of the state as defined by RCW 90.48.020 from pollution. Such education programs are limited to those that are directly related to the sewerage facilities and programs operated by a county;

      (g) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a county;

      (h) Public restroom and sanitary facilities;

      (i) The facilities and programs authorized in RCW 36.94.020; and

      (j) Any combination of or part of any or all of such facilities.

      (2) A "system of water" means and includes:

      (a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and lateral distribution lines and other facilities for distribution of water;

      (b) A combined water and sewerage system;

      (c) Any combination of or any part of any or all of such facilities.

      (3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or chapter 35.63 RCW, if there is such a comprehensive plan.

      (a) A sewerage general plan shall include the general location and description of treatment and disposal facilities, trunk and interceptor sewers, pumping stations, monitoring and control facilities, channels, local service areas and a general description of the collection system to serve those areas, a description of on-site sanitary sewerage system inspection programs and maintenance programs, and other facilities and programs as may be required to provide a functional and implementable plan, including preliminary engineering to assure feasibility. The plan may also include a description of the regulations deemed appropriate to carrying out surface drainage plans.

      (b) A water general plan shall include the general location and description of water resources to be utilized, wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities as may be required to provide a functional and implementable plan.

      (c) Water and/or sewerage general plans shall include preliminary engineering in adequate detail to assure technical feasibility and, to the extent then known, shall further discuss the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and programs. The sewerage and/or water general plan does not mean the final engineering construction or financing plans for the system.

      (4) "Municipal corporation" means and includes any city, town, metropolitan municipal corporation, any public utility district which operates and maintains a sewer or water system, any sewer, water, diking, or drainage district, any diking, drainage, and sewerage improvement district, and any irrigation district.

      (5) A "private utility" means and includes all utilities, both public and private, which provide sewerage and/or water service and which are not municipal corporations within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.

      (6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule charter county.

      Sec. 10. RCW 36.94.020 and 1981 c 313 s 1 are each amended to read as follows:

      The construction, implementation, operation, and maintenance of a system of sewerage and/or water is a county purpose. Subject to the provisions of this chapter, every county has the power, individually or in conjunction with another county or counties to adopt, provide for, accept, establish, implement, condemn, purchase, construct, add to, operate, and maintain a system or systems of sanitary and storm sewers, including outfalls, interceptors, plans, and facilities and programs necessary for sewerage treatment and disposal, and/or system or systems of water supply within all or a portion of the county: PROVIDED, That counties shall not have power to condemn sewerage and/or water systems of any municipal corporation or private utility.

      Such county or counties shall have the authority to control, regulate, implement, operate, and manage such system or systems and to provide funds therefor by general obligation bonds, revenue bonds, local improvement district bonds, utility local improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate any of the facilities and programs and may exercise the powers expressly authorized for county storm water, flood control, pollution prevention, and drainage programs and activities under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A county also may provide for, finance, and operate the facilities and programs and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW; for lake management districts under chapter 36.61 RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08, 85.15, 85.16, and 85.18 RCW; and for shellfish protection districts under chapter 90.72 RCW. However, if a county by reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts and not otherwise available to a county under this chapter, then (1) the procedures and restrictions applicable to those areas or districts shall apply to the county's exercise of those powers, and (2) the county may not simultaneously impose rates and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same programs and services, but must instead impose uniform rates and charges consistent with RCW 36.94.140. By agreement with such an area or district that is not part of a county's system of sewerage, a county may operate that area's or district's programs or facilities, but a county may not dissolve any existing area or district except in accordance with any applicable provisions of the statute under which that area or district was created.

      Sec. 11. RCW 36.94.140 and 1995 c 124 s 2 are each amended to read as follows:

      Every county, in the implementation and operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it and to fix, alter, regulate, and control the rates and charges for the service, facilities, and programs to those to whom such ((county)) service ((is)), facilities, and programs are available, and to levy charges for connection to the system. The rates for availability of service, facilities, programs, and connection charges so charged must be uniform for the same class of customers or service, facility, or program.

      In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:

      (1) The difference in cost of service to the various customers within or without the area;

      (2) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;

      (3) The different character of the service, facilities, and programs furnished various customers;

      (4) The quantity and quality of the sewage and/or water delivered and the time of its delivery;

      (5) Capital contributions made to the system or systems, including, but not limited to, assessments;

      (6) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;

      (7) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and

      (8) Any other matters which present a reasonable difference as a ground for distinction.

      A county may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.

      NEW SECTION. Sec. 12. A new section is added to chapter 35.58 RCW to read as follows:

      A metropolitan municipal corporation authorized to perform water pollution abatement may exercise all the powers relating to systems of sewerage authorized by RCW 36.94.010, 36.94.020, and 36.94.140 for counties.

      NEW SECTION. Sec. 13. A new section is added to chapter 35.21 RCW to read as follows:

      The legislative authority of any city or town may exercise all the powers relating to systems of sewerage authorized by RCW 35.67.010 and 35.67.020.

      Sec. 14. A new section is added to chapter 53.08 RCW to read as follows:

      A port district may exercise all the powers relating to systems of sewerage authorized by RCW 54.16.230 for public utility districts.

      Sec. 15. RCW 54.16.230 and 1975 1st ex.s. c 57 s 1 are each amended to read as follows:

      A public utility district may acquire, construct, operate, maintain, and add to sewage systems, subject to and in compliance with the county comprehensive plan, under the general powers of Title 54 RCW or through the formation of local utility districts as provided in RCW 54.16.120 through 54.16.170: PROVIDED, That prior to engaging in any sewage system works as authorized by this section, the voters of the public utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise the powers set forth in this section, which proposition shall be presented at a general election. A sewage system may include any or all of the following:

      (1) Sanitary sewage collection, treatment, and/or disposal facilities and programs, including without limitation on-site or off-site sewerage facilities such as approved on-site sewage systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for public or private on-site systems, or any other means of sewage treatment and disposal;

      (2) Water quality education and public involvement programs for the protection of waters of the state, as defined under RCW 90.48.020, from pollution. Such education programs are limited to those that are directly related to the sewerage facilities and programs operated by a public utility district;

      (3) Point and nonpoint water pollution monitoring programs; and

      (4) Public restroom and sanitary facilities.

      Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A public utility district may adjust or delay rates and charges and may provide other assistance to aid low-income persons in complying with rules imposed in connection with this section.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 16. RCW 56.08.010 and 1989 c 389 s 2 and 1989 c 308 s 1 are each reenacted and amended to read as follows:

      A sewer district may acquire by purchase or by condemnation and purchase all lands, property rights, water, and water rights, both within and without the district, necessary for its purposes. A sewer district may lease real or personal property necessary for its purposes for a term of years for which such leased property may reasonably be needed where in the opinion of the board of sewer commissioners such property may not be needed permanently or substantial savings to the district can be effected thereby. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with the provisions of this title, except that all assessments or reassessment rolls required to be filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer shall be imposed upon the county treasurer for the purposes hereof. A sewer district may construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district and inhabitants thereof with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for private and public on-site systems, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater and for the protection, preservation, and rehabilitation of surface and underground waters, facilities for the drainage of storm or surface waters, public highways, streets, and roads with full authority to regulate the use, implementation, and operation thereof and the service rates to be charged and may construct, acquire, or own buildings and other necessary district facilities. A sewer district may provide water quality education and public involvement programs for protection of waters of the state, as defined under RCW 90.48.020, from pollution. Such education programs are limited to those that are directly related to the sewerage facilities and programs operated by a sewer district. Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer. Such sewage facilities may include facilities which result in combined sewage disposal, treatment, or drainage and electric generation, provided that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the sewer district or sold to any entity authorized by law to distribute electricity. Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal, treatment, or drainage. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants, within or without the district, and may acquire by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution, from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities which result in combined sewage disposal, treatment, or drainage and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner. A district may charge property owners seeking to connect to the district system of sewers, as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that such property owners shall bear their equitable share of the cost of such system. For purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants.

      The connection charge may include interest charges applied from the date of construction of the sewer system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the sewer system, or at the time of installation of the sewer lines to which the property owner is seeking to connect.

      A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. Such fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. A district may compel all property owners within the sewer district located within an area served by the district system of sewers to connect their private drain and sewer systems with the district system under such penalty as the sewer commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.

      Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 17. RCW 56.08.020 and 1990 1st ex.s. c 17 s 34 are each amended to read as follows:

      The sewer commissioners before ordering any improvements hereunder or submitting to vote any proposition for incurring indebtedness shall adopt a general comprehensive plan for a system of sewers for the district. They shall investigate all portions and sections of the district and select a general comprehensive plan for a system of sewers for the district suitable and adequate for present and reasonably foreseeable future needs thereof. The general comprehensive plan shall provide for treatment plants and other methods and programs, if any, for the prevention, control, and reduction of water pollution and for the treatment and disposal of sewage and industrial and other liquid wastes now produced or which may reasonably be expected to be produced within the district and shall, for such portions of the district as may then reasonably be served, provide for the acquisition or construction and installation of laterals, trunk sewers, intercepting sewers, syphons, pumping stations, or other sewage collection facilities. The general comprehensive plan shall provide the method of distributing the cost and expense of the sewer system and programs provided therein against the district and against utility local improvement districts within the district, including any utility local improvement district lying wholly or partially within any other political subdivision included in the district; and provide whether the whole or some part of the cost and expenses shall be paid from sewer revenue bonds. The commissioners may employ such engineering and legal services as they deem necessary in carrying out the purposes hereof.

      The general comprehensive plan shall be adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fifty-one percent or more of the area of the district is located, and to the director of health of the county in which the district or any portion thereof is located, and must be approved in writing by the engineer and director of health. The general comprehensive plan shall be approved, conditionally approved, or rejected by the director of health within sixty days of the plan's receipt and by the designated engineer within sixty days of the plan's receipt. However, this sixty-day time limitation may be extended by the director of health or engineer for up to an additional sixty days if sufficient time is not available to review adequately the general comprehensive plans.

      Before becoming effective, the general comprehensive plan shall also be submitted to, and approved by resolution of, the legislative authority of every county within whose boundaries all or a portion of the sewer district lies. The general comprehensive plan shall be approved, conditionally approved, or rejected by each of these county legislative authorities pursuant to the criteria in RCW 56.02.060 for approving the formation, reorganization, annexation, consolidation, or merger of sewer districts, and the resolution, ordinance, or motion of the legislative body which rejects the comprehensive plan or a part thereof shall specifically state in what particular the comprehensive plan or part thereof rejected fails to meet these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW 56.02.060. Each general comprehensive plan shall be deemed approved if the county legislative authority fails to reject or conditionally approve the plan within ninety days of submission to the county legislative authority or within thirty days of a hearing on the plan when the hearing is held within ninety days of the plan's submission to the county legislative authority. However, a county legislative authority may extend this ninety-day time limitation by up to an additional ninety days where a finding is made that ninety days is insufficient to review adequately the general comprehensive plan. In addition, the sewer commissioners and the county legislative authority may mutually agree to an extension of the deadlines in this section.

      If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also to, and approved by resolution of, the governing body of such cities and towns before becoming effective. The general comprehensive plan shall be deemed approved by the city or town governing body if the city or town governing body fails to reject or conditionally approve the plan within ninety days of the plan's submission to the city or town or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a city or town governing body may extend this time limitation by up to an additional ninety days where a finding is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In addition, the sewer commissioners and the city or town governing body may mutually agree to an extension of the deadlines in this section.

      Before becoming effective, any amendment to, alteration of, or addition to, a general comprehensive plan shall also be subject to such approval as if it were a new general comprehensive plan: PROVIDED, That only if the amendment, alteration, or addition, affects a particular city or town, shall the amendment, alteration, or addition be subject to approval by such particular city or town governing body.

      Sec. 18. RCW 56.16.090 and 1991 c 347 s 19 are each amended to read as follows:

      The sewer commissioners of any sewer district, in the event that such sewer revenue bonds are issued, shall provide for revenues by fixing rates and charges for the furnishing of sewerage disposal service, facilities, and programs to those to whom such service is available. Such rates and charges may be combined for the furnishing of more than one type of sewer service, facility, and program such as but not limited to storm or surface water and sanitary. Such rates and charges are to be fixed as deemed necessary by such sewer commissioners, so that uniform charges will be made for the same class of customer or service, facility, and program.

      In classifying customers served or service, facility, or program furnished by such system of sewerage, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost ((of service)) to the various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service, facility, or program furnished various customers; the quantity and quality of the sewage delivered and the time of its delivery; the achievement of water conservation goals and the discouragement of wasteful water use practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Such rates are to be made on a monthly basis and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.

      Sec. 19. RCW 57.08.065 and 1981 c 45 s 11 are each amended to read as follows:

      In addition to the powers now given water districts by law, they shall also have power to establish, maintain and operate a mutual water and ((sewer)) sewerage system or a separate ((sewer)) system of sewerage within their water district area in the same manner as provided by law for the doing thereof in connection with water supply systems.

      In addition thereto, a water district constructing, maintaining ((and)), operating, and implementing a ((sanitary sewer)) system of sewerage may exercise all the powers permitted to a sewer district under Title 56 RCW, including, but not limited to, the right to compel connections to the district's system, liens for delinquent sewer connection charges or sewer service charges, and all other powers presently exercised by or which may be hereafter granted to such sewer districts: PROVIDED, That a water district may not exercise sewer district powers in any area within its boundaries which is part of an existing district which previously shall have been duly authorized to exercise sewer district powers in such area without the consent by resolution of the board of commissioners of such other district: PROVIDED FURTHER, That no water district shall proceed to exercise the powers herein granted to establish, maintain, construct and operate any ((sewer)) system of sewerage without first obtaining written approval and certification of necessity so to do from the department of ecology and department of ((social and)) health ((services)). Any comprehensive plan for a system of sewers or addition thereto or betterment thereof shall be approved by the same county and state officials as are required to approve such plans adopted by a sewer district.

      A water district shall have the power to issue general obligation bonds for sewer system purposes: PROVIDED, That a proposition to authorize general obligation bonds payable from excess tax levies for sewer system purposes pursuant to chapter 56.16 RCW shall be submitted to all of the qualified voters within that part of the water district which is not contained within another existing district duly authorized to exercise sewer district powers, and the taxes to pay the principal of and interest on the bonds approved by such voters shall be levied only upon all of the taxable property within such part of the water district.

      Sec. 20. RCW 90.72.040 and 1992 c 100 s 3 are each amended to read as follows:

      (1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by the legislative authority. The legislative authority may create more than one district. A district may include any area or areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the district's programs. The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties. County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.

      (2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created. The petitioner shall be notified of the identification number and ballot title within this ten-day period.

      After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the shellfish protection district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title and full text of the measure to be referred. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the shellfish protection district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor. The special election may be conducted by mail ballot as provided for in chapter 29.36 RCW.

      (3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed ((to pay for another program to eliminate or decrease contamination in storm water runoff)) under chapter 36.89 or 36.94 RCW for substantially the same programs and services.

      NEW SECTION. Sec. 21. Nothing in this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design, construction, and repair of on-site septic systems." 


      Senator Sheldon moved that the following amendments by Senators Sheldon and Fraser to the Committee on Ecology and Parks striking amendment be considered simultaneously and be adopted:

      On page 12, line 17, after "works" delete "as authorized by this section" and insert "((as authorized by this section))as defined under subsection (1) of this section,"

      On page 12, line 20, after "in" insert "subsection (1) of"

      On page 13, after line 21, insert the following:

      "Sec. 13. RCW 54.16.240 and 1975 1st ex.s. c 57 s 2 are each amended to read as follows:

      The commission of a public utility district, by resolution may, or on petition in the same manner as provided for the creation of a district under RCW 54.08.010 shall, submit to the voters for their approval or rejection the proposal that ((said)) the public utility district be authorized to exercise the powers set forth in RCW 54.16.230 for which an election is required."

      Renumber the sections consecutively and correct any internal references accordingly.


POINT OF ORDER


      Senator McDonald: "Mr. President, I rise to a point of order. I want to raise the question of scope and object of the committee striking amendment. Is it timely at this point or should we allow Senator Sheldon to offer her amendments?"


REPLY BY THE PRESIDENT


      President Pritchard: "It is timely."

      Senator McDonald: "Mr. President, I wish to rise to a point of order to raise the scope and object on the committee amendment. It has been offered by the Committee on Ecology and Parks. Substitute House Bill No. 2248 is a measure which addresses on-site septic systems and the acceptance of local health departments of new and alternative technology.

      "The purpose of the bill is simple and straight forward. It is designed to get new and superior technology on the ground now. The amendment expands the scope and object of the underlying bill by expanding the authority granted to operators of sewer systems. This adds authority including allowing cities, counties, sewer districts and public utility districts to conduct on-site systems inspection and maintenance programs. Additionally, counties are authorized to coordinate existing water quality-related programs, such as shell fish protection districts, as part of the sewer utility services. Further, sewer utility services may also include water pollution monitoring programs, water quality education programs and public restrooms.

      "One more point to note, Mr. President, is the bill went from a simple four page bill to a rather complex twenty-two page bill with this amendment. Therefore, the amendment clearly violates Article II, Section 38 of the Washington Constitution by expanding the scope and object of the underlying bill."

      Further debate ensued.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator McDonald, the President does believe that the committee amendment goes far beyond the original bill and that Senator McDonald's point of order is well taken."


      The Committee on Ecology and Parks striking amendment, as well as the two amendments on page 12, and the amendment on page 13 to the committee striking amendment to Substitute House Bill No. 2248 were ruled out of order.


MOTION


      On motion of Senator Spanel, further consideration of Substitute House Bill No. 2248 was deferred.


      There being no objection, the Senate resumed consideration of Engrossed House Bill No. 2837 and the pending Committee on Health and Long-Term Care striking amendment, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Johnson, the President finds that Engrossed House Bill No. 2837 is a measure which excludes labor organization policies or contracts from the definition of supplemental medicare insurance and conforms the reference to federal statutes to match recent federal changes.

      "The Committee on Health and Long-Term Care amendment would restore the labor organizations, conform the definition and also provides subsidies to offset supplemental insurance premiums for certain individuals, and directs the State Health Care Authority to design a prescription drug insurance plan for state residents enrolled in medicare.

      "The President, therefore, finds that the proposed committee amendment does change the scope and object of the bill and the point of order is well taken."


      The Committee on Health and Long-Term Care striking amendment to Engrossed House Bill No. 2837 was ruled out of order.


MOTION


      Senator Wojahn moved that the following amendment by Senators Wojahn, Winsley, Quigley, Fairley, Moyer, Franklin and Thibaudeau be adopted:

      On page 3, after line 3, insert the following:

      "Sec. 2. RCW 48.14.0201 and 1993 sp.s. c 25 s 601 are each amended to read as follows:

      (1) As used in this section, "taxpayer" means a health maintenance organization, as defined in RCW 48.46.020, or a health care service contractor, as defined in RCW 48.44.010((, or a certified health plan certified under RCW 48.43.030)).

      (2) Each taxpayer shall pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office. The tax shall be equal to the total amount of all premiums and prepayments for health care services received by the taxpayer during the preceding calendar year multiplied by the rate of two percent.

      (3) Taxpayers shall prepay their tax obligations under this section. The minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year. For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year. The tax prepayments shall be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:

      (a) On or before June 15, forty-five percent;

      (b) On or before September 15, twenty-five percent;

      (c) On or before December 15, twenty-five percent.

      (4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's, health care service contractor's, or certified health plan's prepayment obligations for the current tax year.

      (5) Moneys collected under this section shall be deposited in the general fund through March 31, 1996, and in the health services account under RCW 43.72.900 after March 31, 1996.

      (6) The taxes imposed in this section do not apply to:

      (a) Amounts received by any taxpayer from the United States or any instrumentality thereof as prepayments for health care services provided under Title XVIII (medicare) of the federal social security act. This exemption shall expire July 1, ((1997)) 1998.

      (b) Amounts received by any health care service contractor, as defined in RCW 48.44.010, as prepayments for health care services included within the definition of practice of dentistry under RCW 18.32.020. ((This exemption does not apply to amounts received under a certified health plan certified under RCW 48.43.030.))"

      Renumber the remaining section consecutively.


POINT OF ORDER


      Senator West: "Thank you, Mr. President. I rise to a point of order. I challenge the scope and object of the amendment by Senators Wojahn, Winsley, Quigley, Fairley, Moyer, Franklin and Thibaudeau. The underlying bill, Engrossed House Bill No. 2837, is a bill that takes labor organizations funds out of the definition section and redefines this to comply with 42 USC Code. This amendment is a tax exemption that doesn't relate at all to this definitional section and is way far beyond the scope and object of the bill."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Engrossed House Bill No. 2837.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2323, by House Committee on Appropriations (originally sponsored by Representatives Sterk, Chappell, Thompson, Dellwo, Buck, Hymes, Talcott, Cooke and McMahan)

 

Providing for future law enforcement officers training.


      The bill was read the second time.


MOTIONS


      Senator Smith moved that the following Committee on Law and Justice amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 43.101 RCW to read as follows:

      (1) The Washington association of sheriffs and police chiefs shall assemble a study group to evaluate and make recommendations to the legislature regarding the commission mission, duties, and administration. The commissioners of the commission shall review the study group recommendations for acceptance or modification. The study group shall deliver its recommendations to the legislature by January 1, 1997.

      (2) The study group shall:

      (a) Review and evaluate the desirability and feasibility of providing basic law enforcement training to preemployed law enforcement officer applicants on a tuition or fee basis;

      (b) Review and evaluate the adequacy of the commission's four-hundred-forty-hour basic law enforcement academy training program, including general curriculum requirements;

      (c) Review and evaluate the status of supervisory, management, and advanced training for incumbent law enforcement officers, and the desirability and feasibility of providing the officers with advanced training;

      (d) Review the desirability and feasibility of certification or licensing of law enforcement officers;

      (e) Review and evaluate the adequacy of the capital and operating investments made in law enforcement training, make recommendations regarding improvements, and provide documentation of the cost of implementing the improvements;

      (f) Review and make recommendations regarding funding sources to adequately support all recommendations; and

      (g) Investigate other issues related to law enforcement training, as desired by the study group.

      (3) The Washington association of sheriffs and police chiefs shall assemble the study group from names provided from the following entities or groups: One sheriff; three police chiefs; four representatives from the Washington state council of police officers; two representatives employed by the criminal justice training commission; one police psychologist; one representative from the association of Washington cities; one representative from the Washington association of county officials; one representative from the Washington state association of counties; one representative from a public university; one representative from a public community college; and one legislator from each caucus of the senate and the house of representatives, as appointed by the leaders of the caucuses.

      (4) The Washington association of sheriffs and police chiefs shall organize and administer the study group meetings and provide the necessary staff resources to meet the requests of the study group members.

      NEW SECTION. Sec. 2. If specific funding for section 1 of this act, referencing section 1 of this act by bill and section number or chapter and section number, is not provided by June 30, 1996, in the omnibus appropriations act, section 1 of this act is null and void.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


      On motion of Senator McCaslin, the following amendment by Senators McCaslin and Smith to the committee striking amendment was adopted:

      On page 2, after line 20 of the striking amendment, insert the following:

      "NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

      The commission may provide basic law enforcement training to students who are enrolled in criminal justice courses of study at four-year institutions of higher education, if the training is provided during the summers following the students' junior and senior years and so long as the students bear the full cost of the training."

      Renumber the remaining sections, and correct internal references.

      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Second Substitute House Bill No. 2323.

      The committee striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, after "training;" strike the remainder of the title and insert "adding a new section to chapter 43.101 RCW; creating a new section; and declaring an emergency."

      On page 2, line 29 of the Committee title amendment after "adding" strike "a new section" and insert "new sections"

       On motion of Senator Smith, the rules were suspended, Second Substitute House Bill No. 2323, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Thibaudeau, Senator Wojahn was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2323, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2323, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 48.

      Excused: Senator Wojahn - 1.

      SECOND SUBSTITUTE HOUSE BILL NO. 2323, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2580, by House Committee on Corrections (originally sponsored by Representatives Costa, Ballasiotes, Sheahan, Murray, Hickel, Cooke, Conway and Boldt)

 

Extending the period of time that a victim of crime may collect restitution from a juvenile.


      The bill was read the second time.


MOTIONS


      Senator Hargrove moved that the following Committee on Human Services and Corrections amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 13.40.080 and 1994 sp.s. c 7 s 544 are each amended to read as follows:

      (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

      (2) A diversion agreement shall be limited to one or more of the following:

      (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

      (b) Restitution limited to the amount of actual loss incurred by the victim, and ((to an amount the juvenile has the means or potential means to pay)) not to exceed seven hundred fifty dollars to be eligible for diversion;

      (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

      (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

      (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

      (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

      (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed ((an amount which the juvenile could be reasonably expected to pay during this period)) seven hundred fifty dollars. The diversion unit shall refer the case for prosecution if restitution for the offense will exceed seven hundred fifty dollars. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

      (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

      (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

      (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

      (b) Violation of the terms of the agreement shall be the only grounds for termination;

      (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

      (i) Written notice of alleged violations of the conditions of the diversion program; and

      (ii) Disclosure of all evidence to be offered against the divertee;

      (d) The hearing shall be conducted by the juvenile court and shall include:

      (i) Opportunity to be heard in person and to present evidence;

      (ii) The right to confront and cross-examine all adverse witnesses;

      (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

      (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

      (e) The prosecutor may file an information on the offense for which the divertee was diverted:

      (i) In juvenile court if the divertee is under eighteen years of age; or

      (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

      (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

      (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

      (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

      (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

      The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

      (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

      (a) The fact that a charge or charges were made;

      (b) The fact that a diversion agreement was entered into;

      (c) The juvenile's obligations under such agreement;

      (d) Whether the alleged offender performed his or her obligations under such agreement; and

      (e) The facts of the alleged offense.

      (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

      (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

      (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

      (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

      (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section."


      On motion of Senator Hargrove, the following amendments by Senators Hargrove and Long to the Committee on Human Services and Corrections striking amendment were considered simultaneously and were adopted:

      On page 1, beginning on line 22 of the amendment, after "victim" strike all material through "diversion" on line 24, and insert "((, and to an amount the juvenile has the means or potential means to pay))"

      On page 2, beginning on line 19 of the amendment, after "(4)" strike all material through "months." on line 28, and insert "(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. ((Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period.))

      (b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

      (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order."

      On page 5, after line 27 of the amendment, insert the following:

      "Sec. 2. RCW 13.40.190 and 1995 c 33 s 5 are each amended to read as follows:

      (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. ((In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.))

      (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

      (3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

      (4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order."

      The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to Substitute House Bill No. 2580.

      The committee striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Hargrove, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, after "restitution;" strike the remainder of the title and insert "and amending RCW 13.40.080."

      On page 5, line 32 of the title amendment, after "13.40.080" insert "and 13.40.190"

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2580, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2580, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2580, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47.

      Absent: Senator McCaslin - 1.

      Excused: Senator Wojahn - 1.

      SUBSTITUTE HOUSE BILL NO. 2580, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Wood, Senator McCaslin was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2518, by House Committee on Transportation (originally sponsored by Representatives Skinner, Blanton, Radcliff, Hankins, Delvin, Dickerson, Mitchell, Morris, Silver and Chandler)

 

Doubling the fine for speeding in school or playground zones.


      The bill was read the second time.


MOTIONS


      On motion of Senator Owen, the following Committee on Transportation amendment was adopted:

      On page 2, beginning on line 1, after "(3)" strike all material through "safety." on line 5, and insert "The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (2) of this section shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve school zone safety. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the account may be spent only after appropriation."

      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2518, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2518, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2518, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

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

      Voting nay: Senator Finkbeiner - 1.

      Excused: Senators McCaslin and Wojahn - 2.

      SUBSTITUTE HOUSE BILL NO. 2518, as amended by the Senate, 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 READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2537, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Honeyford, Chandler, Mastin, Clements, Schoesler, Foreman, Grant, Lisk and Mulliken)

 

Providing for modifications to the creation and operation of irrigation district joint control boards.


      The bill was read the second time.


MOTIONS


      On motion of Senator Newhouse, the following amendment by Senators Newhouse and Haugen was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 87.80.010 and 1949 c 56 s 1 are each amended to read as follows:

      A board of joint control may be created as provided in this chapter to administer: (1) The construction, operation, maintenance, betterments, and regulations of the ((water works, main, and branch canals, if any, and water lines and other water facilities)) joint use facilities, including reservoirs, canals, hydroelectric facilities within the works of the irrigation water supply system, pumping stations, drainage works, reserved works, and system interconnections, of two or more irrigation ((districts and others)) entities which are the owners of, have an ownership interest in, or are trustees for owners of water rights having the same ((natural)) source ((and)) or which use ((the same)) common works for the diversion and either transportation, or drainage, or both, of all or any part of their respective irrigation water supplies((, may be created as hereinafter provided)); and (2) activities and programs that promote more effective and efficient water management for the benefit of member entities of a board of joint control.

      NEW SECTION. Sec. 2. A new section is added to chapter 87.80 RCW to read as follows:

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

      (1) "Area of jurisdiction" means all lands within the exterior boundary of the composite area served by the irrigation entities that comprise the board of joint control as the boundary is represented on the map filed under RCW 87.80.030.

      (2) "Irrigation entity" means an irrigation district or an operating entity for a division within a federal reclamation project.

      (3) "Joint use facilities" means those works, including reservoirs, canals, hydroelectric facilities, pumping stations, drainage works, reserved works as may be transferred by contracts with the United States, and system interties that are determined by the board of joint control to provide common benefit to its members.

      (4) "Ownership interest" means the irrigation entity holds water rights in its name for the benefit of its water users or, in federal reclamation projects, the irrigation entity has a contractual responsibility for delivery of water to its individual water users.

      (5) "Source of water" means a hydrological distinct river or aquifer system from which board of joint control member entities appropriate water.

      Sec. 3. RCW 87.80.020 and 1949 c 56 s 2 are each amended to read as follows:

      (1) For the purpose of creating ((such)) a board of joint control a petition signed by ((three)) two or more ((owners of)) entities that are owners of or hold an ownership interest in water rights having the same ((natural)) source of water ((and which owners)) or use common works for the diversion ((and)), transportation, or drainage of all or any part of their respective irrigation water supplies, ((as aforesaid, shall)) must be filed with the board of county commissioners of the county in which the greater part of the land irrigated from ((said)) the source of water supply is situated. ((No irrigation district shall be represented on said petition without the signatures of the entire membership of its board of directors.))

      (2) The petition shall also be filed with the board of commissioners of each county containing lands irrigated from the source of water supply of the entities signing the petition. The board of county commissioners making the review under RCW 87.80.090 shall consider any comments of other boards of county commissioners provided within the public hearing and comment period on the petition.

      Sec. 4. RCW 87.80.030 and 1949 c 56 s 3 are each amended to read as follows:

      The petition for the creation of a board of joint control shall be addressed to the board of county commissioners, shall describe generally the ((water works, main, and branch canals, if any, and water lines and other water facilities involved)) relationship, if any, of the irrigation entities to an established federal reclamation project, the primary water works of the entities including reservoirs, main canals, hydroelectric facilities, pumping stations, and drainage facilities, giving them their local names, if any they have, and shall show generally the physical relationship of the lands being watered from the ((common use of said water works, canals, lines and other)) water facilities((: PROVIDED, That)). However, lands included in any irrigation ((district)) entity involved need not be described individually but shall be included by stating the name of the irrigation ((district)) entity and all the irrigable lands in the irrigation ((district)) entity named shall by that method be deemed to be involved unless otherwise specifically stated in the petition. Further, the petition must propose the formula for board of joint control apportionment of costs among its members, and may propose the composition of the board of joint control as to membership, chair, and voting structure. The petition shall also state generally the reasons for the creation of a board of joint control and any other matter the petitioners deem material, and shall allege that it is in the public interest and to the benefit of all the owners of the lands receiving water ((from said common source)) within the area of jurisdiction, that ((said)) the board of joint control be created and ((pray)) request that the board of county commissioners consider ((said)) the petition and take the necessary steps provided by law for the creation of a board of joint control. The petition shall be accompanied by a map showing the area of jurisdiction and the general location of the water ((works, main, and branch canals, if any, and water lines and other water)) supply and distribution facilities.

      Sec. 5. RCW 87.80.050 and 1988 c 127 s 66 are each amended to read as follows:

      Notice of the hearing on ((said)) the petition shall be given by the clerk of the board of county commissioners by publishing the same, at the cost of the board of control, if created, otherwise at the cost of the petitioners, in the official newspaper of ((the)) each county containing lands irrigated from the source of supply of the entities signing the petition. The notice shall be published in at least three weekly issues thereof((: PROVIDED, That)). However, the time of the hearing shall not be less than thirty days from the date of the first publication of ((said)) the notice. A copy of ((said)) the notice shall be posted at the regular meeting place of the board of directors of each irrigation ((district)) entity concerned in the granting or denial of ((said)) the petition and a copy of the notice shall be mailed to the department of ecology at Olympia at least thirty days prior to the day of ((said)) the hearing.

      Sec. 6. RCW 87.80.060 and 1949 c 56 s 6 are each amended to read as follows:

      The notice of the hearing on ((said)) the petition shall state that a petition ((praying for)) requesting the creation of a board of joint control to administer the ((operation, maintenance, betterments and regulation of the water works, main, and branch canals, if any, and water lines, naming them, if named in the petition, and other water facilities involved)) facilities and activities, naming them if named in the petition, has been filed with the board of county commissioners of the county (((naming it))), naming the county; that ((said)) the board of joint control, if it is created, will have authority to provide for ((assessments)) apportionment of costs to carry out the objects of its creation ((against the irrigable lands in the several irrigation districts)) among the member irrigation entities (naming them) ((and against any other lands involved if set out in the petition (describing them))); shall state the day, hour, and place of the hearing on the petition; shall state that any person interested in the creation of ((said)) the board of joint control may appear on or before the day of hearing on ((said)) the petition, and show cause in writing, if any ((he has)), why the same should not be granted, and the notice shall be over the name of the clerk of the board of county commissioners.

      Sec. 7. RCW 87.80.090 and 1949 c 56 s 8 are each amended to read as follows:

      If the board of county commissioners determine that the creation of a board of joint control is in the public interest ((and is)), of benefit to the ((lands)) irrigation entities and individual water uses within those entities concerned, ((it)) and will not be detrimental to water right interests outside the proposed board of joint control area of jurisdiction: Then the county board shall so find and adopt a resolution creating the board of joint control, designating it (((give [giving] the)) name of county) County Joint Control Board No. (specify number), and the county board at the same time shall appoint ((the president of the board of directors of each irrigation district involved and the resident owner of each individual tract of land involved or such other person as any said landowner shall designate in writing, as)) the first members of ((said)) the board of joint control based on the board composition proposed in the petition and ((said)) the board of joint control shall consist of ((said)) this membership. A copy of ((said)) the resolution creating the board of joint control certified by the clerk of the county board shall be filed with the county assessor of the county in which the board of joint control was created and with the county assessor in any other county in the state in which any lands involved are situated, within five days after ((said)) the resolution is adopted.

      Sec. 8. RCW 87.80.100 and 1949 c 56 s 9 are each amended to read as follows:

      The principal office and place of business of the board of joint control shall be at a place to be designated by the board in the county in which the board was created. Each member of the board before entering on the duties of his or her office shall subscribe a written oath for the faithful discharge of his or her duties as ((such)) a member and file the ((same)) oath with the county clerk of ((said)) the county. The filing of ((such)) the oath shall be without clerk's fee. The term of office of members of the board ((shall be)) is for one year or a fraction thereof ending on the first Monday in March next following their selection and until their respective successors are selected as ((herein)) provided in this section. The term of the first members of the board shall also be as above stated. In January of each year the board of directors of each irrigation ((district)) entity concerned shall designate in writing and deliver to the board of joint control, the name or names of the person or persons who constitute the entity's membership and who shall represent the ((district)) entity on the board of joint control for the ensuing year. ((Likewise, the owners of land concerned but not in the irrigation district, shall each designate in writing a person to represent their respective lands and file the same with the board of joint control and that board shall select from the list of persons so filed, one person to represent the lands outside any irrigation district on the board of joint control for the ensuing year.)) The persons ((so selected as aforesaid shall)) designated under this section constitute the board of joint control for ((such)) the year and until their respective successors are selected and have qualified. Any irrigation ((district or owner of land not in a district as the case may be, which)) entity that fails to designate its ((or his)) representative and to file the same as ((above)) provided ((shall)) in this section is not ((be)) entitled to representation on the board unless and until ((such)) the requirements are complied with.

      Sec. 9. RCW 87.80.110 and 1949 c 56 s 10 are each amended to read as follows:

      In the month of March, or another time as determined by the board of joint control, in each year the members of the board of joint control shall meet and organize as a board for the ensuing year and shall select a ((chairman)) chair from their number and appoint a secretary who may, but need not, be a member of the board, and who shall keep a record of their proceedings, and perform ((such)) other duties as the board ((shall)) prescribes. Business of the board shall be transacted at meetings thereof and a majority of the qualified membership of the board ((shall)) constitutes a quorum for the transaction of business and in all matters requiring action by the board there shall be a concurrence of at least a majority of the members present. However, if an alternative voting structure was proposed in the petition and adopted in the board of county commissioners' resolution, this structure will govern the voting procedures of the board of joint control. All meetings of the board shall be public.

      Sec. 10. RCW 87.80.120 and 1949 c 56 s 11 are each amended to read as follows:

      Each member of the board of joint control shall ((receive not to exceed ten dollars per day in attending meetings of the board to be determined by the board, and such compensation, not exceeding ten dollars per day for other services previously authorized and rendered the board, and in addition thereto, the members shall receive necessary expenses in attending meetings or when otherwise engaged on the business of the board)) be compensated for services in accordance with the provisions of RCW 87.03.460. The amount must be fixed by resolution and entered in the minutes of the proceedings of the board. The board shall fix the compensation to be paid the secretary and all other agents and employees of the board.

      Sec. 11. RCW 87.80.130 and 1949 c 56 s 12 are each amended to read as follows:

      (1) A board of joint control created under the provisions of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts((,)); to accept grants and loans, including, but not limited to, those provided under chapters 43.83B and 43.99E RCW, to appoint and employ and discharge the necessary officers, agents, and employees((,)); to sue and be sued as a board but without personal liability of the members thereof in any and all matters in which all the irrigation ((districts and others)) entities represented on the board as a whole have a common interest without making ((such districts and other parties)) the irrigation entities parties to the suit; to represent ((said districts and others)) the entities in all matters of common interest as a whole within the scope of this chapter; and to do any and all lawful acts required and expedient to carry out the purposes of this chapter((: PROVIDED, That nothing in this chapter contained shall be held or construed to give the board of joint control authority to abridge, increase or modify the water rights of any irrigation district or others represented on the board or the privileges or burdens incident thereto or connected therewith and in the apportionment of expenses and outlays chargeable to the respective irrigation districts and others, the board shall be bound by their respective water rights and appurtenant privileges and burdens)).

      (2) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or, transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the board of joint control's area of jurisdiction, may be authorized if it can be made without detriment or injury to rights existing outside of the board of control's area of jurisdiction, including instream flow water rights established under state or federal law. Prior to undertaking a water conservation or system efficiency improvement project which will result in a redistribution of saved water, the board of joint control must consult with the department of ecology and if the board's jurisdiction is within a United States reclamation project the board must obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will not impair the rights of other water holders or bureau of reclamation contract water users. A board of control does not have the power to authorize a change of any water right that would change the point or points of diversion, purpose of use, or place of use outside the board's area of jurisdiction, without the approval of the department of ecology pursuant to RCW 90.03.380 and if the board's jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation.

      (3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both.

      (4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is authorized to accept operational responsibility for federal reserved works.

      (5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefitting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right.

      (6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997.

      Sec. 12. RCW 87.80.140 and 1949 c 56 s 13 are each amended to read as follows:

      In September of each year the board of joint control shall prepare a budget of its estimated expenses and outlay for the ensuing calendar year and the apportionment thereof chargeable against the several irrigation ((districts and others)) entities coming within the jurisdiction of the board and shall fix a time and place when ((said)) the budget shall be considered and adopted by the board. Notice of the hearing of the budget signed by the secretary of the board shall be published in at least two weekly issues of a newspaper of general circulation in each county in which any lands chargeable with ((said)) the expense and outlay of the board are situated. The date of the first publication of ((such)) the notice shall be not less than ten days prior to the day of ((said)) the hearing.

      Sec. 13. RCW 87.80.160 and 1949 c 56 s 15 are each amended to read as follows:

      Immediately after final adoption of the budget the secretary of the board shall mail or deliver a copy thereof showing the apportionment of the charge to each irrigation ((district)) entity, to the secretary of each irrigation ((district)) entity coming under the jurisdiction of the board of joint control and it shall be the duty of each irrigation ((district)) entity to include in its levy for the ensuing year, the amount apportioned and charged to it in the budget.

      Sec. 14. RCW 87.80.190 and 1949 c 56 s 18 are each amended to read as follows:

      There is ((hereby)) created in the county treasurer's office of the county in which the board of joint control was created, a special fund to be designated Control Fund of the (naming the county) County Joint Control Board No. (specifying the number). The county treasurer shall distribute all collections for this fund to ((said)) the control fund. The treasurer of any other county collecting assessments for this fund shall remit the ((same)) assessments monthly to the county treasurer of the county in which the board of joint control was created. However, at the option of the board of joint control, a treasurer other than the county treasurer may be designated under RCW 87.03.440.

      Sec. 15. RCW 87.80.200 and 1949 c 56 s 19 are each amended to read as follows:

      When the county treasurer serves as treasurer for the board of joint control, the board of joint control shall issue vouchers for its operations against ((said)) the control fund and the county treasurer shall pay out moneys from ((said)) the fund upon warrants drawn by the county auditor of said county.

      NEW SECTION. Sec. 16. A new section is added to chapter 87.80 RCW to read as follows:

      A board of joint control created under this chapter is limited to the membership, area of jurisdiction, and other terms and conditions contained in the resolution of the board of county commissioners filed under RCW 87.80.090. Amendments may be proposed at any time by the board of joint control to the board of county commissioners and acted upon through the petition process contained in RCW 87.80.030 through 87.80.090.

      NEW SECTION. Sec. 17. A new section is added to chapter 87.80 RCW to read as follows:

      An irrigation entity under contract with an agency of the federal government for the construction or operation of its irrigation system may not participate in a board of joint control under this chapter if this action is in conflict with provisions of the subject contract. If a responsible official of the federal agency notifies the board of county commissioners in writing on or before the day of hearing provided under RCW 87.80.060 of a conflict in contract provisions and evidences the conflict, the board of county commissioners must deny the irrigation entity's proposed participation. If subsequent to formation of a board of joint control, a judicial decision determines a conflict in contract conditions, the irrigation entity must not participate in a project or activity inconsistent with the court determination.

      Sec. 18. RCW 87.03.440 and 1993 c 449 s 12 are each amended to read as follows:

      The treasurer of the county in which is located the office of the district shall be ex officio treasurer of the district, and any county treasurer handling district funds shall be liable upon his or her official bond and to criminal prosecution for malfeasance and misfeasance, or failure to perform any duty as county or district treasurer. The treasurer of each county in which lands of the district are located shall collect and receipt for all assessments levied on lands within his or her county. There shall be deposited with the district treasurer all funds of the district. The district treasurer shall pay out such funds upon warrants issued by the county auditor against the proper funds of the district, except the sums to be paid out of the bond fund for interest and principal payments on bonds: PROVIDED, That in those districts which designate their own treasurer, the treasurer may issue the warrants or any checks when the district is authorized to issue checks. All warrants shall be paid in the order of their issuance. The district treasurer shall report, in writing, on the first Monday in each month to the directors, the amount in each fund, the receipts for the month preceding in each fund, and file the report with the secretary of the board. The secretary shall report to the board, in writing, at the regular meeting in each month, the amount of receipts and expenditures during the preceding month, and file the report in the office of the board.

      The preceding paragraph of this section notwithstanding, the board of directors or board of control of an irrigation district which lies in more than one county and which had assessments in each of two of the preceding three years equal to at least five hundred thousand dollars, or a board of joint control created under chapter 87.80 RCW, may designate some other person having experience in financial or fiscal matters as treasurer of the district. In addition, the board of directors of an irrigation district which lies entirely within one county may designate some other person having experience in financial or fiscal matters as treasurer of the district if the board has the approval of the county treasurer to designate some other person. If the board designates a treasurer, it shall require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions which it finds from time to time will protect the district against loss. The premium on the bond shall be paid by the district. The designated treasurer shall collect and receipt for all irrigation district assessments on lands within the district and shall act with the same powers and duties and be under the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except the powers, duties, and restrictions in RCW 87.56.110 and 87.56.210 which shall continue to be those of county treasurers.

      In those districts which have designated their own treasurers, the provisions of law pertaining to irrigation districts which require certain acts to be done and which refer to and involve a county treasurer or the office of a county treasurer or the county officers charged with the collection of irrigation district assessments, except RCW 87.56.110 and 87.56.210 shall be construed to refer to and involve the designated district treasurer or the office of the designated district treasurer.

      Any claim against the district for which it is liable under existing laws shall be presented to the board as provided in RCW 4.96.020 and upon allowance it shall be attached to a voucher and approved by the chairman and signed by the secretary and directed to the proper official for payment: PROVIDED, That in the event claimant's claim is for crop damage, the claimant in addition to filing his or her claim within the applicable period of limitations within which an action must be commenced and in the manner specified in RCW 4.96.020 must file with the secretary of the district, or in the secretary's absence one of the directors, not less than three days prior to the severance of the crop alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary notice, so far as claimant is able, shall advise the district; that the claimant has filed a claim or intends to file a claim against the district for alleged crop damage; shall give the name and present residence of the claimant; shall state the cause of the damage to the crop alleged to be damaged and the estimated amount of damage; and shall accurately locate and describe where the crop alleged to be damaged is located. Such preliminary notice may be given by claimant or by anyone acting in his or her behalf and need not be verified. No action may be commenced against an irrigation district for crop damages unless claimant has complied with the provisions of RCW 4.96.020 and also with the preliminary notice requirements of this section.

      Sec. 19. RCW 90.03.380 and 1991 c 347 s 15 are each amended to read as follows:

      The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That said right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and said application shall not be granted until notice of said application shall be published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

      If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

      A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

      This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

      Sec. 20. RCW 43.83B.050 and 1975 c 18 s 1 are each amended to read as follows:

      As used in this chapter, the term "water supply facilities" shall mean municipal, industrial, and agricultural water supply and distribution systems including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on real property, necessary for or incidental to the acquisition, construction, installation, or use of any municipal, industrial, or agricultural water supply or distribution system.

      As used in this chapter, the term "public body" means the state of Washington, or any agency, political subdivision, taxing district, or municipal corporation thereof, a board of joint control, an agency of the federal government, and those Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and water conservation program and which may constitutionally receive grants or loans from the state of Washington.

      Sec. 21. RCW 43.99E.030 and 1979 ex.s. c 234 s 5 are each amended to read as follows:

      As used in this chapter, the term "water supply facilities" means domestic, municipal, industrial, and agricultural (and any associated fishery, recreational, or other beneficial use) water supply or distribution systems including but not limited to all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to the acquisition, construction, installation, or use of any such water supply or distribution system.

      As used in this chapter, the term "public body" means the state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof; a board of joint control; an agency of the federal government; and those Indian tribes which may constitutionally receive grants or loans from the state of Washington.

      NEW SECTION. Sec. 22. A new section is added to chapter 87.80 RCW to read as follows:

      A board of joint control created among irrigation entities utilizing waters of the Yakima river and tributaries shall, when undertaking water conservation projects, fully coordinate those projects with federal and state programs adopted under the Yakima river basin water enhancement project, P.L. 103-434. The projects shall be developed and implemented, consistent with the board's development schedule, within the framework of the Yakima river basin water enhancement project policies and procedures provided by the state and federal governments, as funds are available to the board of joint control for the projects. However, should there be no reasonable prospect of funding for construction by the federal and state government within three years of the date of the publication of the Yakima river basin conservation plan under P.L. 103-434, the board of joint control may pursue the projects under alternative funding programs and conditions.

      NEW SECTION. Sec. 23. A new section is added to chapter 87.80 RCW to read as follows:

      This chapter shall not affect the final decree of a general adjudication conducted under RCW 90.03.110 through 90.03.245.

      NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

      (1) RCW 87.80.170 and 1949 c 54 s 16;

      (2) RCW 87.80.180 and 1949 c 56 s 17; and

      (3) RCW 87.80.210 and 1949 c 56 s 20."

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

      On page 1, line 2 of the title, after "control;" strike the remainder of the title and insert "amending RCW 87.80.010, 87.80.020, 87.80.030, 87.80.050, 87.80.060, 87.80.090, 87.80.100, 87.80.110, 87.80.120, 87.80.130, 87.80.140, 87.80.160, 87.80.190, 87.80.200, 87.03.440, 90.03.380, 43.83B.050, and 43.99E.030; adding new sections to chapter 87.80 RCW; and repealing RCW 87.80.170, 87.80.180, and 87.80.210."


MOTION


      On motion of Senator Newhouse, the rules were suspended, Engrossed Substitute House Bill No. 2537, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2537, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2537, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47.

      Excused: Senators McCaslin and Wojahn - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2537, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2376, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Koster, Johnson, Boldt, McMorris, Thompson and Mulliken)

 

Recovering gasoline vapors.


      The bill was read the second time.


MOTION


      Senator Fraser moved that the following Committee on Ecology and Parks amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 70.94 RCW to read as follows:

      (1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:

      (a) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407; or

      (b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or

      (c) From the effective date of this section until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons of gasoline per year and is located in an ozone contributing county. For purposes of this section, an ozone contributing county is a county in which emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, including: Cowlitz, Island, Kitsap, Lewis, Skagit, Thurston, Wahkiakum, and Whatcom counties; or

      (d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand gallons of gasoline per year and is located in any county no part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407, if the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is appropriate to achieve or maintain attainment status in any other county.

      (2) This section does not preclude the department of ecology or any local air pollution control authority from requiring a gasoline vapor recovery device that captures vapors during vehicle refueling as part of the regulation of sources as provided in RCW 70.94.152, 70.94.331, or 70.94.141, or where required under 42 U.S.C. Sec. 7412.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 3. If specific funding for the purposes of administering the air quality program within the department of ecology is not provided in at least the following amounts from the following accounts by June 30, 1996, in the omnibus appropriations act, this act is null and void: (1) Sixteen million dollars from the air pollution control account; and (2) four million five hundred thousand dollars from the air operating permit account."

      The President declared the question before the Senate to be the motion by Senator Fraser that the Committee on Ecology and Parks striking amendment to Substitute House Bill No. 2376 not be adopted.

      The motion by Senator Fraser carried and the committee striking amendment was not adopted.


MOTION


      Senator Fraser moved that the following amendment by Senators Fraser, Swecker and Snyder be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 70.94 RCW to read as follows:

      (1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:

      (a) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407; or

      (b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or

      (c) From the effective date of this section until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, and includes: Cowlitz, Island, Kitsap, Lewis, Skagit, Thurston, Wahkiakum, and Whatcom counties; or

      (d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand gallons of gasoline per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407, provided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in any other county.

      (2) This section does not preclude the department of ecology or any local air pollution authority from requiring a gasoline vapor recovery device that captures vapors during vehicle refueling as part of the regulation of sources as provided in RCW 70.94.152, 70.94.331, or 70.94.141 or where required under 42 U.S.C. Sec. 7412.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Swecker and Snyder to Substitute House Bill No. 2376.

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

MOTIONS


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

      On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 70.94 RCW; and declaring an emergency."

      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2376, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Haugen, Senator Prentice was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2376, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2376, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

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

      Voting nay: Senators Morton and Thibaudeau - 2.

      Excused: Senators McCaslin, Prentice and Wojahn - 3.

      SUBSTITUTE HOUSE BILL NO. 2376, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2394, by House Committee on Government Operations (originally sponsored by Representatives Reams, Buck, Sheldon, Honeyford, Delvin, Thompson and McMahan)

 

Revising master planned resorts.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2394 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 Substitute House Bill No. 2394.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2394 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

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

      Voting nay: Senator Swecker - 1.

      Excused: Senators McCaslin and Wojahn - 2.

      SUBSTITUTE HOUSE BILL NO. 2394, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2371, by House Committee on Higher Education (originally sponsored by Representatives Blanton, Elliot, Mastin, Goldsmith, Pelesky, Carlson, Cairnes, Hymes, Hankins, Benton, Tokuda, Mason, Scott, McMahan, Quall, Dickerson, Mitchell, Jacobsen, D. Schmidt, Cooke, Hargrove, Conway, Sheldon, Costa, McMorris, Mulliken and Silver)

 

Suspending the professional licenses for failure to repay student loans.


      The bill was read the second time.


MOTIONS


      Senator Wood moved that the following Committee on Higher Education amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 2.48 RCW to read as follows:

      The Washington state supreme court may provide by court rule that nonpayment or default on a federally or state-guaranteed educational loan shall result in disbarment or license suspension of the license of any person who has been certified by a lending agency and reported to the court for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The supreme court may reinstate the person when provided with a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency.

      NEW SECTION. Sec. 2. A new section is added to chapter 18.04 RCW to read as follows:

      The board shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license or certificate shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose.

      NEW SECTION. Sec. 3. A new section is added to chapter 18.08 RCW to read as follows:

      The board shall suspend the certificate or registration of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or registration shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose.

      NEW SECTION. Sec. 4. A new section is added to chapter 18.11 RCW to read as follows:

      The director shall suspend the license, certificate, or registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license, certificate, or registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure, certification, or registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 5. A new section is added to chapter 18.16 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 6. A new section is added to chapter 18.20 RCW to read as follows:

      The secretary shall suspend the license of any person who has been certified by a lending agency and reported to the secretary for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the secretary a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the secretary may impose.

      NEW SECTION. Sec. 7. A new section is added to chapter 18.27 RCW to read as follows:

      The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification of registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 8. A new section is added to chapter 18.28 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 9. A new section is added to chapter 18.39 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 10. A new section is added to chapter 18.43 RCW to read as follows:

      The board shall suspend the certificate of registration or license of any person who has been certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration or license shall not be reissued until the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration or licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the board may impose.

      NEW SECTION. Sec. 11. A new section is added to chapter 18.44 RCW to read as follows:

      The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 12. A new section is added to chapter 18.46 RCW to read as follows:

      The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the department a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the department may impose.

      NEW SECTION. Sec. 13. A new section is added to chapter 18.76 RCW to read as follows:

      The secretary shall suspend the certificate of any person who has been certified by a lending agency and reported to the secretary for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the secretary a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the secretary may impose.

      NEW SECTION. Sec. 14. A new section is added to chapter 18.85 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 15. A new section is added to chapter 18.96 RCW to read as follows:

      The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 16. A new section is added to chapter 18.104 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 17. A new section is added to chapter 18.106 RCW to read as follows:

      The director shall suspend the certificate or permit of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or permit shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or permits during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 18. A new section is added to chapter 18.130 RCW to read as follows:

      The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the department a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the department may impose.

      NEW SECTION. Sec. 19. A new section is added to chapter 18.140 RCW to read as follows:

      The director shall suspend the certificate or license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 20. A new section is added to chapter 18.145 RCW to read as follows:

      The director shall suspend the certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 21. A new section is added to chapter 18.160 RCW to read as follows:

      The state director of fire protection shall suspend the certificate of any person who has been certified by a lending agency and reported to the state director of fire protection for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the state director of fire protection a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the state director of fire protection may impose.

      NEW SECTION. Sec. 22. A new section is added to chapter 18.165 RCW to read as follows:

      The director shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license or certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 23. A new section is added to chapter 18.170 RCW to read as follows:

      The director shall suspend the license or certificate of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license or certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 24. A new section is added to chapter 18.175 RCW to read as follows:

      The director shall suspend the certificate of registration of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification of registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 25. A new section is added to chapter 18.180 RCW to read as follows:

      The auditor of the county shall suspend the registration of any person who has been certified by a lending agency and reported to the auditor of the county for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's registration shall not be reissued until the person provides the auditor of the county a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the auditor of the county may impose.

      NEW SECTION. Sec. 26. A new section is added to chapter 18.185 RCW to read as follows:

      The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

      NEW SECTION. Sec. 27. A new section is added to chapter 28A.410 RCW to read as follows:

      The authorizing authority shall suspend the certificate or permit of any person who has been certified by a lending agency and reported to the authorizing authority for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or permit shall not be reissued until the person provides the authorizing authority a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification or permit during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the authorizing authority may impose.

      NEW SECTION. Sec. 28. 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."


      Senator Wood moved that the following amendment by Senators Wood, Haugen and Prince to the Committee on Higher Education striking amendment be adopted:

      On page 2, line 2 of the amendment, after "impose." insert "The board shall not require, for purposes of obtaining a license, educational credit hours in excess of the number of hours required to obtain a baccalaureate degree."


POINT OF ORDER


      Senator Bauer: "I would like the President to rule on whether or not this is within the scope and object of the bill."

      There being no objection, the President deferred further consideration of Substitute House Bill No. 2371.


MOTIONS


      On motion of Senator Hochstatter, Senator Schow was excused.

      On motion of Senator Sheldon, Senator Franklin was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2634, by House Committee on Commerce and Labor (originally sponsored by Representatives Scott, Mason, Linville, Schoesler, Sheldon, Jacobsen and Veloria)

 

Authorizing the sale of malt liquor in untapped kegs by class H licensees.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2634 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 Substitute House Bill No. 2634.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2634 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Haugen, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 37.

      Voting nay: Senators Hargrove, Heavey, Hochstatter, Oke, Sheldon, Thibaudeau, Wojahn and Zarelli - 8.

      Absent: Senator Owen - 1.

      Excused: Senators Franklin, McCaslin and Schow - 3.

      SUBSTITUTE HOUSE BILL NO. 2634, 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 READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2292, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Jacobsen and Murray) (by request of Higher Education Coordinating Board)

 

Establishing the innovation and quality in higher education program.


      The bill was read the second time.


MOTION


      On motion of Senator Bauer, the rules were suspended, Second Substitute House Bill No. 2292 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. 2292.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2292 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

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

      Absent: Senators Hargrove and Johnson - 2.

      Excused: Senators Franklin and Schow - 2.

      SECOND SUBSTITUTE HOUSE BILL NO. 2292, 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 READING


      HOUSE BILL NO. 2652, by Representatives Ballasiotes, Costa and Scott

 

Clarifying existing law on the costs of hospitalizing criminally insane patients.


      The bill was read the second time.


MOTION


      On motion of Senator Hargrove, the rules were suspended, House Bill No. 2652 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2652.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2652 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      HOUSE BILL NO. 2652, 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.


      President Pro Tempore Wojahn assumed the Chair.


MOTION FOR RECONSIDERATION


      Having served prior notice, Senator Pelz moved that the Senate reconsider the vote by which the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was not adopted earlier today.

      Senator Pelz demanded a roll call and the demand was sustained.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Pelz to reconsider the vote by which the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was not adopted.


ROLL CALL


      The Secretary called the roll and the motion for reconsideration of the commmittee amendment carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 25.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 24.

      The President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Labor, Commerce and Trade amendment on page 3, line 13, on reconsideration, to Engrossed Substitute House Bill No. 1648.

      The committee amendment, on reconsideration, was adopted.


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1648, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1648, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1648, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 26.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 23.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1648, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 1964, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, R. Fisher, Robertson, Cairnes, Ogden, Hankins, Elliot, Johnson, Chandler, Scott, Tokuda, Quall, Backlund, Chopp, Horn, Koster, McMahan, Mitchell, Skinner, Benton, D. Schmidt and Stevens)

 

Simplifying accident report record-keeping.


      The bill was read the second time.


MOTIONS


      On motion of Senator Owen, the following Committee on Transportation amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.52.030 and 1989 c 353 s 5 are each amended to read as follows:

      (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount.

      (2) The original of ((such)) the report shall be immediately forwarded by the authority receiving ((such)) the report to the chief of the Washington state patrol at Olympia, Washington((, and the second copy of such report to be forwarded to)). The Washington state patrol shall give the department of licensing ((at Olympia, Washington)) full access to the report.

      (3) Any law enforcement officer who investigates an accident for which a driver's report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.

      (4) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in his opinion is insufficient, and may likewise require witnesses of any such accident to render reports. For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be reported thereon, including the location, the cause, the conditions then existing, the persons and vehicles involved, the insurance information required under RCW 46.30.030, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, and whether such vehicles were occupied at the time of the accident. Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised. The report forms shall be designated so as to provide that a copy may be retained by the reporting person.

      (5) The chief of the Washington state patrol shall adopt rules establishing the accident-reporting threshold for property damage accidents. Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall be five hundred dollars. The accident-reporting threshold for property damage accidents shall be revised when necessary, but not more frequently than every two years. The revisions shall only be 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 time period since the last revision.

      Sec. 2. RCW 46.52.130 and 1994 c 275 s 16 are each amended to read as follows:

      A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer or prospective employer or an agent acting on behalf of an employer or prospective employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies. Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract or to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(a)(i).

      The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.

      The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.

      Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

      Any employer or prospective employer or an agent acting on behalf of an employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.

      Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.

      Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

      Any violation of this section is a gross misdemeanor.

      NEW SECTION. Sec. 3. This act takes effect July 1, 1996."

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

      On line 1 of the title, after "reports;" strike the remainder of the title and insert "amending RCW 46.52.030 and 46.52.130; and providing an effective date."


MOTION


      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1964, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1964, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1964, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1964, as amended by the Senate, 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 READING


      SUBSTITUTE HOUSE BILL NO. 2772, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Kessler and Buck)

 

Raising the amount that must be exceeded by the cost of dock construction for the construction to be considered substantial development under the Shoreline Management Act of 1971.


      The bill was read the second time.


MOTIONS


      On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 90.58.030 and 1995 c 382 s 10, 1995 c 255 s 5, and 1995 c 237 s 1 are each reenacted and amended to read as follows:

      As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

      (1) Administration:

      (a) "Department" means the department of ecology;

      (b) "Director" means the director of the department of ecology;

      (c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

      (d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

      (e) "Hearing board" means the shoreline hearings board established by this chapter.

      (2) Geographical:

      (a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

      (b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

      (c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

      (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

      (e) "Shorelines of state-wide significance" means the following shorelines of the state:

      (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

      (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

      (A) Nisqually Delta—from DeWolf Bight to Tatsolo Point,

      (B) Birch Bay—from Point Whitehorn to Birch Point,

      (C) Hood Canal—from Tala Point to Foulweather Bluff,

      (D) Skagit Bay and adjacent area—from Brown Point to Yokeko Point, and

      (E) Padilla Bay—from March Point to William Point;

      (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

      (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

      (v) Those natural rivers or segments thereof as follows:

      (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

      (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

      (vi) Those shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

      (f) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river

deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long

as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

      (g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;

      (h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

      (3) Procedural terms:

      (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

      (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

      (c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

      (d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

      (e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

      (i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

      (ii) Construction of the normal protective bulkhead common to single family residences;

      (iii) Emergency construction necessary to protect property from damage by the elements;

      (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

      (v) Construction or modification of navigational aids such as channel markers and anchor buoys;

      (vi) Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

      (vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (A) In salt waters, the ((cost)) fair market value of ((which)) the dock does not exceed two thousand five hundred dollars; or (B) in fresh waters, the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

      (viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

      (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

      (x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

      (xi) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

      (A) The activity does not interfere with the normal public use of the surface waters;

      (B) The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

      (C) The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

      (D) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and

      (E) The activity is not subject to the permit requirements of RCW 90.58.550;

      (xii) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department jointly with other state agencies under chapter 43.21C RCW."

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

      On page 1, line 6 of the title, after "1971;" strike the remainder of the title and insert "and reenacting and amending RCW 90.58.030."


MOTION


      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2772, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2772, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2772, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2772, as amended by the Senate, 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.


STATEMENT FOR THE JOURNAL


      In error, I voted against House Bill No. 2172. I support authorizing the Department of Social and Health Services to have enforcement authority to sanction adult residential care services for violations of contract standards. Therefore, I support House Bill No. 2172.

SENATOR STEPHEN JOHNSON, 47th District


SECOND READING


      HOUSE BILL NO. 2172, by Representatives Dyer, Cody, Dellwo, Dickerson, Horn and Carlson (by request of Department of Social and Health Services)

 

Authorizing actions and penalties against adult residential care providers by the department of social and health services.


      The bill was read the second time.


MOTION


      On motion of Senator Quigley, the rules were suspended, House Bill No. 2172 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2172.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2172 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

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

      Voting nay: Senators Johnson, McDonald, Morton and Newhouse - 4.

      HOUSE BILL NO. 2172, 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 READING


      HOUSE BILL NO. 2913, by Representative Fuhrman

 

Changing the future teachers conditional scholarship program.


      The bill was read the second time.


MOTION


      On motion of Senator Bauer, the rules were suspended, House Bill No. 2913 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2913.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2913 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senators McDonald and West - 2.

      HOUSE BILL NO. 2913, 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 READING


      ENGROSSED HOUSE BILL NO. 2838, by Representatives Dyer, Cody, Foreman, McMahan, Goldsmith, Huff, Carlson and Robertson

 

Limiting mediation of health care injury disputes.


      The bill was read the second time.


MOTION


      On motion of Senator Quigley, the rules were suspended, Engrossed House Bill No. 2838 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2838.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2838 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      ENGROSSED HOUSE BILL NO. 2838, 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 READING


      ENGROSSED HOUSE BILL NO. 2452, by Representatives Valle, Backlund, Cody and Dyer

 

Revising provisions on control of tuberculosis to include treatment orders.


      The bill was read the second time.


MOTIONS


      On motion of Senator Quigley, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.28.010 and 1967 c 54 s 1 are each amended to read as follows:

      All practicing physicians in the state are hereby required to report to the local boards of health in writing, the name, age, sex, occupation and residence of every person having tuberculosis who has been attended by, or who has come under the observation of such physician within ((five days)) one day thereof.

      Sec. 2. RCW 70.28.031 and 1967 c 54 s 4 are each amended to read as follows:

      Each health officer is hereby directed to use every available means to ascertain the existence of, and immediately to investigate, all reported or suspected cases of tuberculosis in the infectious stages within his or her jurisdiction and to ascertain the sources of such infections. In carrying out such investigations, each health officer is hereby invested with full powers of inspection, examination, treatment, and quarantine or isolation of all persons known to be infected with tuberculosis in an infectious stage or persons who have been previously diagnosed as having tuberculosis and who are under medical orders for treatment or periodic follow-up examinations and is hereby directed:

      (a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an infectious stage and to isolate and treat or isolate, treat, and quarantine such persons, whenever deemed necessary for the protection of the public health.

      (b) To make such examinations as deemed necessary of persons who have been previously diagnosed as having tuberculosis and who are under medical orders for periodic follow-up examinations.

      (c) Follow local rules and regulations regarding examinations, treatment, quarantine, or isolation, and all rules, regulations, and orders of the state board and of the department in carrying out such examination, treatment, quarantine, or isolation.

      (d) Whenever the health officer shall determine on reasonable grounds that an examination or treatment of any person is necessary for the preservation and protection of the public health, he or she shall make an examination order in writing, setting forth the name of the person to be examined, the time and place of the examination, the treatment, and such other terms and conditions as may be necessary to protect the public health. Nothing contained in this subdivision shall be construed to prevent any person whom the health officer determines should have an examination or treatment for infectious tuberculosis from having such an examination or treatment made by a physician of his or her own choice who is licensed to practice osteopathy and surgery under chapter 18.57 RCW or medicine and surgery under chapter 18.71 RCW under such terms and conditions as the health officer shall determine on reasonable grounds to be necessary to protect the public health.

      (e) Whenever the health officer shall determine that quarantine, treatment, or isolation in a particular case is necessary for the preservation and protection of the public health, he or she shall make an ((isolation or quarantine)) order to that effect in writing, setting forth the name of the person ((to be isolated)), the period of time during which the order shall remain effective, the place of treatment, isolation, or quarantine, and such other terms and conditions as may be necessary to protect the public health.

      (f) Upon the making of an examination, treatment, isolation, or quarantine order as provided in this section, a copy of such order shall be served upon the person named in such order.

      (g) Upon the receipt of information that any examination, treatment, quarantine, or isolation order, made and served as herein provided, has been violated, the health officer shall advise the prosecuting attorney of the county in which such violation has occurred, in writing, and shall submit to such prosecuting attorney the information in his or her possession relating to the subject matter of such examination, treatment, isolation, or quarantine order, and of such violation or violations thereof.

      (h) Any and all orders authorized under this section shall be made by the health officer or his or her tuberculosis control officer.

      (i) Nothing in this chapter shall be construed to abridge the right of any person to rely exclusively on spiritual means alone through prayer to treat tuberculosis in accordance with the tenants and practice of any well-recognized church or religious denomination, nor shall anything in this chapter be deemed to prohibit a person who is inflicted with tuberculosis from being isolated or quarantined in a private place of his own choice, provided, it is approved by the local health officer, and all laws, rules and regulations governing control, sanitation, isolation, and quarantine are complied with.

      Sec. 3. RCW 70.28.032 and 1994 c 145 s 2 are each amended to read as follows:

      (1) The state board of health shall adopt rules establishing the requirements for:

      (a) Reporting confirmed or suspected cases of tuberculosis by health care providers and reporting of laboratory results consistent with tuberculosis by medical test sites;

      (b) Due process standards for health officers exercising their authority to involuntarily detain, test, treat, or isolate persons with suspected or confirmed tuberculosis under RCW 70.28.031 and 70.05.070 that provide for release from any involuntary detention, testing, treatment, or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health;

      (c) Training of persons to perform tuberculosis skin testing and to administer tuberculosis medications.

      (2) Notwithstanding any other provision of law, persons trained under subsection (1)(c) of this section may perform skin testing and administer medications if doing so as part of a program established by a state or local health officer to control tuberculosis.

      (((3) The board shall adopt rules under subsection (1) of this section by December 31, 1994.))

      Sec. 4. RCW 70.28.033 and 1967 c 54 s 5 are each amended to read as follows:

      Inasmuch as the order provided for by RCW 70.28.031 is for the protection of the public health, any person who, after service upon him or her of an order of a health officer directing his or her treatment, isolation, or examination as provided for in RCW 70.28.031, violates or fails to comply with the same or any provision thereof, is guilty of a misdemeanor, and, upon conviction thereof, in addition to any and all other penalties which may be imposed by law upon such conviction, may be ordered by the court confined until such order of such health officer shall have been fully complied with or terminated by such health officer, but not exceeding six months from the date of passing judgment upon such conviction: PROVIDED, That the court, upon suitable assurances that such order of such health officer will be complied with, may place any person convicted of a violation of such order of such health officer upon probation for a period not to exceed two years, upon condition that the said order of said health officer be fully complied with: AND PROVIDED FURTHER, That upon any subsequent violation of such order of such health officer, such probation shall be terminated and confinement as herein provided ordered by the court.

      Sec. 5. RCW 70.28.035 and 1967 c 54 s 6 are each amended to read as follows:

      In addition to the proceedings set forth in RCW 70.28.031, where a local health officer has reasonable cause to believe that an individual has tuberculosis as defined in the rules and regulations of the state board of health, and the individual refuses to obey the order of the local health officer to appear for an initial examination or a follow-up examination or an order for treatment, isolation, or quarantine, the health officer may apply to the superior court for an order requiring the individual to comply with the order of the local health officer."

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

      On page 1, line 1 of the title, after "tuberculosis;" strike the remainder of the title and insert "and amending RCW 70.28.010, 70.28.031, 70.28.032, 70.28.033, and 70.28.035."


MOTION


      On motion of Senator Quigley, the rules were suspended, Engrossed House Bill No. 2452, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2452, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2452, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      ENGROSSED HOUSE BILL NO. 2452, as amended by the Senate, 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.


      President Pritchard assumed the Chair.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781, by House Committee on Appropriations (originally sponsored by Representatives Basich, Regala, Conway, Reams, Grant, Elliot, Quall, Linville, Chandler, Hatfield, D. Sommers, Scheuerman, Stevens, McMahan, Buck, Sheldon, Tokuda, Poulsen, Cole, Chopp, Kessler, Costa, Thompson, D. Schmidt, Robertson and Cooke)

 

Providing for veterans' preferences.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 2781 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 Substitute House Bill No. 2781.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2781 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senators Deccio and Rinehart - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781, 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 READING


      HOUSE BILL NO. 2152, by Representatives Dyer, Backlund, Cody, Morris, Carlson, Thompson, Costa and Murray (by request of Department of Health)

 

Revising provisions for adult family home licensing and operation.


      The bill was read the second time.


MOTIONS


      On motion of Senator Quigley, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.128.120 and 1995 1st sp.s. c 18 s 117 are each amended to read as follows:

      ((An)) Each adult family home provider and each resident manager shall have the following minimum qualifications:

      (1) Twenty-one years of age or older;

      (2) Good moral and responsible character and reputation;

      (3) Literacy;

      (4) Management and administrative ability to carry out the requirements of this chapter;

      (5) Satisfactory completion of department-approved initial training and continuing education training as specified by the department in rule;

      (6) Satisfactory completion of department-approved, or equivalent, special care training before a provider may provide special care services to a resident;

      (7) Not been convicted of any crime listed in RCW 43.43.830 and 43.43.842; and

      (8) Effective July 1, 1996, registered with the department of health.

      Sec. 2. RCW 18.48.010 and 1995 c 260 s 7 are each amended to read as follows:

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

      (1) "Secretary" means the secretary of the department of health.

      (2) "Adult family home" means a regular family abode of a person or persons who provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

      (3) (("Operator" means a provider who is licensed under chapter 70.128 RCW to operate an adult family home.

      (4) "Person" includes an individual, firm, corporation, partnership, or association)) "Resident manager" means a person who is employed or otherwise is contracted with by the provider to manage the adult family home.

      (4) "Provider" means any person who is licensed under chapter 70.128 RCW to operate an adult family home. For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.

      NEW SECTION. Sec. 3. A new section is added to chapter 18.48 RCW to read as follows:

      A provider who operates more than one adult family home must register for each separate location.

      Sec. 4. RCW 18.48.020 and 1995 c 260 s 8 are each amended to read as follows:

      ((A person who operates an adult family home shall register the home with the secretary. Each separate location of the business of an adult family home shall have a separate registration.)) (1) The secretary shall register adult family home providers and resident managers.

      (2) The secretary, by policy or rule, shall define terms and establish forms and procedures for ((the processing of operator)) registration applications, including the payment of registration fees pursuant to RCW 43.70.250. An application for an adult family home ((operator)) resident manager or provider registration shall include at least the following information:

      (((1))) (a) ((The names and addresses of the operator of the adult family home)) Name and address; and

      (((2))) (b) If the ((operator)) provider is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors.

      ((A registration issued by the secretary in accordance with this section shall remain effective for a period of one year from the date of its issuance unless the registration is revoked or suspended pursuant to RCW 18.48.030, or unless))

      (3) The secretary shall adopt policies or rules to establish the registration periods, fees, and procedures. If the adult family home is sold or ownership or management is transferred, ((in which case)) the registration ((of the home)) shall be voided and the ((operator)) provider and resident manager shall apply for a new registration.

      Sec. 5. RCW 18.130.040 and 1995 c 336 s 2, 1995 c 323 s 16, 1995 c 260 s 11, and 1995 c 1 s 19 (Initiative Measure No. 607) are each reenacted and amended to read as follows:

      (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

      (2)(a) The secretary has authority under this chapter in relation to the following professions:

      (i) Dispensing opticians licensed under chapter 18.34 RCW;

      (ii) Naturopaths licensed under chapter 18.36A RCW;

      (iii) Midwives licensed under chapter 18.50 RCW;

      (iv) Ocularists licensed under chapter 18.55 RCW;

      (v) Massage operators and businesses licensed under chapter 18.108 RCW;

      (vi) Dental hygienists licensed under chapter 18.29 RCW;

      (vii) Acupuncturists licensed under chapter 18.06 RCW;

      (viii) Radiologic technologists certified and x-ray technicians registered under chapter 18.84 RCW;

      (ix) Respiratory care practitioners certified under chapter 18.89 RCW;

      (x) Persons registered or certified under chapter 18.19 RCW;

      (xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

      (xii) Nursing assistants registered or certified under chapter 18.79 RCW;

      (xiii) Health care assistants certified under chapter 18.135 RCW;

      (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

      (xv) Sex offender treatment providers certified under chapter 18.155 RCW;

      (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

      (xvii) Persons registered as adult family home ((operators)) providers and resident managers under RCW 18.48.020; and

      (xviii) Denturists licensed under chapter 18.30 RCW.

      (b) The boards and commissions having authority under this chapter are as follows:

      (i) The podiatric medical board as established in chapter 18.22 RCW;

      (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

      (iii) The dental quality assurance commission as established in chapter 18.32 RCW;

      (iv) The board on fitting and dispensing of hearing aids as established in chapter 18.35 RCW;

      (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

      (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

      (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

      (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

      (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

      (x) The board of physical therapy as established in chapter 18.74 RCW;

      (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

      (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

      (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

      (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

      (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

      (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the uniform disciplinary act, among the disciplining authorities listed in subsection (2) of this section.

      NEW SECTION. Sec. 6. A new section is added to chapter 18.48 RCW to read as follows:

      A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the ability to meet other relevant safety, health, and operating standards pertaining to the operation of multiple homes, including ways to mitigate the potential impact of vehicular traffic related to the operation of the homes.

      NEW SECTION. Sec. 7. This act shall take effect July 1, 1996."

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

      On page 1, line 2 of the title, after "managers;" strike the remainder of the title and insert "amending RCW 70.128.120, 18.48.010, and 18.48.020; reenacting and amending RCW 18.130.040; adding new sections to chapter 18.48 RCW; and providing an effective date."


MOTION


      On motion of Senator Quigley, the rules were suspended, House Bill No. 2152, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Thibaudeau, Senators Fairley, Owen and Rinehart were excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2152, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2152, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Deccio, Drew, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Newhouse, Pelz, Prentice, Prince, Quigley, Rasmussen, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 31.

      Voting nay: Senators Anderson, A., Cantu, Finkbeiner, Hale, Hochstatter, Johnson, McDonald, Morton, Oke, Roach, Schow, Sellar, Strannigan, Swecker and Zarelli - 15.

      Excused: Senators Fairley, Owen and Rinehart - 3.

      HOUSE BILL NO. 2152, as amended by the Senate, 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 READING


      HOUSE BILL NO. 2628, by Representatives Veloria, Conway and Cody

 

Revising provision on payment of industrial insurance benefits to beneficiaries.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, House Bill No. 2628 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 House Bill No. 2628.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2628 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Loveland - 1.

      Excused: Senators Fairley and Owen - 2.

      HOUSE BILL NO. 2628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Thibaudeau, Senator Quigley was excused.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485, by House Committee on Government Operations (originally sponsored by Representatives H. Sommers, Rust, Reams, Scheuerman, Regala, Kessler, Costa, Chopp, Murray, Conway, Valle, Tokuda, Basich, Wolfe, Patterson, Dellwo and Linville)

 

Reducing property tax assessments in response to government restrictions.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.48.065 and 1992 c 206 s 12 are each amended to read as follows:

      (1) The county assessor or treasurer may cancel or correct assessments on the assessment or tax rolls which are erroneous due to manifest errors in description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing of the property which do not involve a revaluation of property, ((such as)) except in the case that a taxpayer produces proof that an authorized land use authority has made a definitive change in the property's land use designation. In such a case, correction of the assessment or tax rolls may be made notwithstanding the fact that the action involves a revaluation of property. Manifest errors that do not involve a revaluation of property include the assessment of property exempted by law from taxation or the failure to deduct the exemption allowed by law to the head of a family. When the county assessor cancels or corrects an assessment, the assessor shall send a notice to the taxpayer in accordance with RCW 84.40.045, advising the taxpayer that the action has been taken and notifying the taxpayer of the right to appeal the cancellation or correction to the county board of equalization, in accordance with RCW 84.40.038. When the county assessor or treasurer cancels or corrects an assessment, a record of such action shall be prepared, setting forth therein the facts relating to the error. The record shall also set forth by legal description all property belonging exclusively to the state, any county, or any municipal corporation whose property is exempt from taxation, upon which there remains, according to the tax roll, any unpaid taxes. No manifest error cancellation or correction, including a cancellation or correction made due to a definitive change of land use designation, shall be made for any period more than three years preceding the year in which the error is discovered.

      (2)(a) In the case of a definitive change of land use designation, an assessor shall make corrections that involve a revaluation of property to the assessment roll when:

      (i) The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer's property setting forth in the agreement the valuation information upon which the agreement is based; and

      (ii) The assessment roll has previously been certified in accordance with RCW 84.40.320.

      (b) In all other cases, an assessor shall make corrections that involve a revaluation of property to the assessment roll when:

      (((a))) (i) The assessor and taxpayer have signed an agreement as to the true and fair value of the taxpayer's property setting forth in the agreement the valuation information upon which the agreement is based; and

      (((b))) (ii) The following conditions are met:

      (((i))) (A) The assessment roll has previously been certified in accordance with RCW 84.40.320;

      (((ii))) (B) The taxpayer has timely filed a petition with the county board of equalization pursuant to RCW 84.40.038 for the current assessment year;

      (((iii))) (C) The county board of equalization has not yet held a hearing on the merits of the taxpayer's petition.

      (3) The assessor shall issue a supplementary roll or rolls including such cancellations and corrections, and the assessment and levy shall have the same force and effect as if made in the first instance, and the county treasurer shall proceed to collect the taxes due on the rolls as modified.

      Sec. 2. RCW 84.69.020 and 1994 c 301 s 55 are each amended to read as follows:

      On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:

      (1) Paid more than once; or

      (2) Paid as a result of manifest error in description; or

      (3) Paid as a result of a clerical error in extending the tax rolls; or

      (4) Paid as a result of other clerical errors in listing property; or

      (5) Paid with respect to improvements which did not exist on assessment date; or

      (6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or

      (7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; or

      (8) Paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person with respect to real property in which the person paying the same has no legal interest; or

      (9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; or

      (10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order; or

      (11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the one percent limitation of Article VII, section 2 of the state Constitution equal one percent of the assessed value established by the board;

      (12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; or

      (13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2); or

      (14) Paid on the basis of an assessed valuation that was reduced under section 1 of this act.

      No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. The county treasurer may deduct from moneys collected for the benefit of the state's levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW.

      The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in January of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund."

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

      On page 1, line 2 of the title, after "restrictions;" strike the remainder of the title and insert "and amending RCW 84.48.065 and 84.69.020."


MOTION


      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2485, as amended by the Senate, 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 Substitute House Bill No. 2485, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2485, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Owen and Quigley - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485, as amended by the Senate, 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 READING


      HOUSE BILL NO. 1627, by Representatives Dyer, Backlund and Thibaudeau

 

Modernizing osteopathic physician and surgeon terminology.


      The bill was read the second time.


MOTIONS


      On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 18.35.110 and 1993 c 313 s 4 are each amended to read as follows:

      In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed under this chapter may be subject to disciplinary action by the board for any of the following causes:

      (1) For unethical conduct in dealing in hearing aids. Unethical conduct shall include, but not be limited to:

      (a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive;

      (b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing aid;

      (c) Advertising a particular model, type, or kind of hearing aid for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised;

      (d) Falsifying hearing test or evaluation results;

      (e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or on the basis of information furnished by the prospective hearing aid user prior to fitting and dispensing a hearing aid to any such prospective hearing aid user, failing to advise that prospective hearing aid user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician:

      (A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum;

      (B) History of, or active drainage from the ear within the previous ninety days;

      (C) History of sudden or rapidly progressive hearing loss within the previous ninety days;

      (D) Acute or chronic dizziness;

      (E) Any unilateral hearing loss;

      (F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration;

      (G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;

      (H) Pain or discomfort in the ear; or

      (I) Any other conditions that the board may by rule establish. It is a violation of this subsection for any licensee or that licensee's employees and putative agents upon making such required referral for medical opinion to in any manner whatsoever disparage or discourage a prospective hearing aid user from seeking such medical opinion prior to the fitting and dispensing of a hearing aid. No such referral for medical opinion need be made by any licensee in the instance of replacement only of a hearing aid which has been lost or damaged beyond repair within six months of the date of purchase. The licensee or the licensee's employees or putative agents shall obtain a signed statement from the hearing aid user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user's best health interest: PROVIDED, That the licensee shall maintain a copy of either the physician's statement showing that the prospective hearing aid user has had a medical evaluation or the statement waiving medical evaluation, for a period of three years after the purchaser's receipt of a hearing aid. Nothing in this section required to be performed by a licensee shall mean that the licensee is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state;

      (ii) Fitting and dispensing a hearing aid to any person under eighteen years of age who has not been examined and cleared for hearing aid use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the licensee shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department;

      (iii) Fitting and dispensing a hearing aid to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master's degree in audiology, except in cases of hearing aids replaced within six months of their purchase;

      (f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or ((osteopathy)) osteopathic medicine and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic medicine and surgery profession when such use is not accurate;

      (g) Permitting another to use his or her license;

      (h) Stating or implying that the use of any hearing aid will restore normal hearing, preserve hearing, prevent or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing aid;

      (i) Representing or implying that a hearing aid is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or

      (j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the licensee, or to influence any person to refrain from dealing in the products of competitors.

      (2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020.

      (3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.

      Sec. 2. RCW 18.57.001 and 1991 c 160 s 1 are each amended to read as follows:

      As used in this chapter:

      (1) "Board" means the Washington state board of osteopathic medicine and surgery;

      (2) "Department" means the department of health;

      (3) "Secretary" means the secretary of health; and

      (4) "Osteopathic medicine and surgery" means the use of any and all methods in the treatment of disease, injuries, deformities, and all other physical and mental conditions in and of human beings, including the use of osteopathic manipulative therapy. ((The term means the same as "osteopathy and surgery".))

      Sec. 3. RCW 18.57.140 and 1919 c 4 s 20 are each amended to read as follows:

      On all cards, signs, letterheads, envelopes and billheads used by those licensed by this chapter to practice ((osteopathy or osteopathy)) osteopathic medicine and surgery the word "osteopathic" shall always immediately precede the word "physician" and if the word "surgeon" is used in connection with said name, the word "osteopathic" shall also immediately precede said word "surgeon."

      Sec. 4. RCW 18.71.030 and 1995 c 65 s 1 are each amended to read as follows:

      Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:

      (1) The furnishing of medical assistance in cases of emergency requiring immediate attention;

      (2) The domestic administration of family remedies;

      (3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW;

      (4) The practice of dentistry, ((osteopathy, osteopathy)) osteopathic medicine and surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;

      (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;

      (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;

      (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

      (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;

      (9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the commission, however, the performance of such services shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

      (10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;

      (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;

      (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter 18.130 RCW;

      (13) Emergency lifesaving service rendered by a physician's trained emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;

      (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW 18.79.290 and 28A.210.280.

      Sec. 5. RCW 18.71.055 and 1994 sp.s. c 9 s 309 are each amended to read as follows:

      The commission may approve any school of medicine which is located in any state, territory, or possession of the United States, the District of Columbia, or in the Dominion of Canada, provided that it:

      (1) Requires collegiate instruction which includes courses deemed by the commission to be prerequisites to medical education;

      (2) Provides adequate instruction in the following subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology, dermatology, gynecology, internal medicine, neurology, obstetrics, ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry, radiology, surgery, and urology, and such other subjects determined by the commission;

      (3) Provides clinical instruction in hospital wards and out-patient clinics under guidance.

      Approval may be withdrawn by the commission at any time a medical school ceases to comply with one or more of the requirements of this section.

      (4) Nothing in this section shall be construed to authorize the commission to approve a school of ((osteopathy, osteopathy)) osteopathic medicine and surgery, or osteopathic medicine, for purposes of qualifying an applicant to be licensed under this chapter by direct licensure, reciprocity, or otherwise.

      Sec. 6. RCW 18.71.205 and 1995 c 65 s 3 are each amended to read as follows:

      (1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the commission, shall prescribe:

      (a) Practice parameters, training standards for, and levels of, physician trained emergency medical service intermediate life support technicians and paramedics;

      (b) Minimum standards and performance requirements for the certification and recertification of physician's trained emergency medical service intermediate life support technicians and paramedics; and

      (c) Procedures for certification, recertification, and decertification of physician's trained emergency medical service intermediate life support technicians and paramedics.

      (2) Initial certification shall be for a period of three years.

      (3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period of three years.

      (4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:

      (a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or ((osteopathy)) osteopathic medicine and surgery pursuant to chapter 18.57 RCW; and

      (b) Is qualified and knowledgeable in the administration and management of emergency care and services; and

      (c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council.

      (5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible.

      (6) Such activities of ((physician['s])) physician's trained emergency medical service intermediate life support technicians and paramedics shall be limited to actions taken under the express written or oral order of medical program directors and shall not be construed at any time to include free standing or nondirected actions, for actions not presenting an emergency or life-threatening condition.

      Sec. 7. RCW 18.76.020 and 1991 c 3 s 184 are each amended to read as follows:

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

      (1) "Department" means the department of health.

      (2) "Poison information center medical director" means a person who: (a) Is licensed to practice medicine and surgery under chapter 18.71 RCW or ((osteopathy)) osteopathic medicine and surgery under chapter 18.57 RCW; (b) is certified by the secretary under standards adopted under RCW 18.76.050; and (c) provides services enumerated under RCW 18.76.030 ((and 18.76.040)), and is responsible for supervision of poison information specialists.

      (3) "Poison information specialist" means a person who provides services enumerated under RCW 18.76.030 ((and 18.76.040)) under the supervision of a poison information center medical director and is certified by the secretary under standards adopted under RCW 18.76.050.

      (4) "Secretary" means the secretary of health.

      Sec. 8. RCW 18.76.060 and 1993 c 343 s 4 are each amended to read as follows:

      (1) A person may not act as a poison center medical director or perform the duties of poison information specialists of a poison information center without being certified by the secretary under this chapter.

      (2) Notwithstanding subsection (1) of this section, if a poison center medical director terminates certification or is decertified, that poison center medical director's authority may be delegated by the department to any other person licensed to practice medicine and surgery under chapter 18.71 RCW or ((osteopathy)) osteopathic medicine and surgery under chapter 18.57 RCW for a period of thirty days, or until a new poison center medical director is certified, whichever comes first.

      Sec. 9. RCW 18.120.020 and 1995 c 323 s 15 and 1995 c 1 s 18 (Initiative Measure No. 607) are each reenacted and amended to read as follows:

      The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.

      (2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.

      (3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

      (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing aids under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; ((osteopathy and)) osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners certified under chapter 18.89 RCW; veterinarians and animal technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW.

      (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.

      (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.

      (7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.

      (8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.

      (9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.

      (10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.

      (11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.

      (12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

      (13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.

      Sec. 10. RCW 26.44.020 and 1993 c 412 s 12 and 1993 c 402 s 1 are each reenacted and amended to read as follows:

      For the purpose of and as used in this chapter:

      (1) "Court" means the superior court of the state of Washington, juvenile department.

      (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

      (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, ((osteopathy)) osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

      (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

      (5) "Department" means the state department of social and health services.

      (6) "Child" or "children" means any person under the age of eighteen years of age.

      (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

      (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

      (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed. An abused child is a child who has been subjected to child abuse or neglect as defined herein.

      (13) "Child protective services section" shall mean the child protective services section of the department.

      (14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.

      (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

      (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

      (17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.

      (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

      (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

      (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

      Sec. 11. RCW 41.26.030 and 1994 c 264 s 14 and 1994 c 197 s 5 are each reenacted and amended to read as follows:

      As used in this chapter, unless a different meaning is plainly required by the context:

      (1) "Retirement system" means the "Washington law enforcement officers' and fire fighters' retirement system" provided herein.

      (2)(a) "Employer" for plan I members, means the legislative authority of any city, town, county, or district or the elected officials of any municipal corporation that employs any law enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the fire fighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or fire fighters as defined in this chapter.

      (b) "Employer" for plan II members, means the following entities to the extent that the entity employs any law enforcement officer and/or fire fighter:

      (i) The legislative authority of any city, town, county, or district;

      (ii) The elected officials of any municipal corporation; or

      (iii) The governing body of any other general authority law enforcement agency.

      (3) "Law enforcement officer" beginning January 1, 1994, means any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington generally, with the following qualifications:

      (a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;

      (b) Only those deputy sheriffs, including those serving under a different title pursuant to county charter, who have successfully completed a civil service examination for deputy sheriff or the equivalent position, where a different title is used, and those persons serving in unclassified positions authorized by RCW 41.14.070 except a private secretary will be considered law enforcement officers;

      (c) Only such full time commissioned law enforcement personnel as have been appointed to offices, positions, or ranks in the police department which have been specifically created or otherwise expressly provided for and designated by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;

      (d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) ((as now or hereafter amended))) if that individual has five years previous membership in the retirement system established in chapter 41.20 RCW. The provisions of this subsection (3)(d) shall not apply to plan II members; and

      (e) The term "law enforcement officer" also includes a person employed on or after January 1, 1993, as a public safety officer or director of public safety, so long as the job duties substantially involve only either police or fire duties, or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (3)(e) shall not apply to any public safety officer or director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.

      (4) "Fire fighter" means:

      (a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for fire fighter, and who is actively employed as such;

      (b) Anyone who is actively employed as a full time fire fighter where the fire department does not have a civil service examination;

      (c) Supervisory fire fighter personnel;

      (d) Any full time executive secretary of an association of fire protection districts authorized under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply to plan II members;

      (e) The executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan II members;

      (f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a department in which, on March 1, 1970, a dispatcher was required to have passed a civil service examination for fire fighter; and

      (g) Any person who on March 1, 1970, was employed on a full time, fully compensated basis by an employer, and who on May 21, 1971, was making retirement contributions under the provisions of chapter 41.16 or 41.18 RCW.

      (5) "Department" means the department of retirement systems created in chapter 41.50 RCW.

      (6) "Surviving spouse" means the surviving widow or widower of a member. "Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.

      (7)(a) "Child" or "children" means an unmarried person who is under the age of eighteen or mentally or physically handicapped as determined by the department, except a handicapped person in the full time care of a state institution, who is:

      (i) A natural born child;

      (ii) A stepchild where that relationship was in existence prior to the date benefits are payable under this chapter;

      (iii) A posthumous child;

      (iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter; or

      (v) An illegitimate child legitimized prior to the date any benefits are payable under this chapter.

      (b) A person shall also be deemed to be a child up to and including the age of twenty years and eleven months while attending any high school, college, or vocational or other educational institution accredited, licensed, or approved by the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods at the particular educational institution after which the child returns to school.

      (8) "Member" means any fire fighter, law enforcement officer, or other person as would apply under subsections (3) or (4) of this section whose membership is transferred to the Washington law enforcement officers' and fire fighters' retirement system on or after March 1, 1970, and every law enforcement officer and fire fighter who is employed in that capacity on or after such date.

      (9) "Retirement fund" means the "Washington law enforcement officers' and fire fighters' retirement system fund" as provided for herein.

      (10) "Employee" means any law enforcement officer or fire fighter as defined in subsections (3) and (4) of this section.

      (11)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.

      (b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

      (12)(a) "Final average salary" for plan I members, means (i) for a member holding the same position or rank for a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank at time of retirement; (ii) for any other member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty-four; (iii) in the case of disability of any member, the basic salary payable to such member at the time of disability retirement; (iv) in the case of a member who hereafter vests pursuant to RCW 41.26.090, the basic salary payable to such member at the time of vesting.

      (b) "Final average salary" for plan II members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death. Periods constituting authorized unpaid leaves of absence may not be used in the calculation of final average salary.

      (13)(a) "Basic salary" for plan I members, means the basic monthly rate of salary or wages, including longevity pay but not including overtime earnings or special salary or wages, upon which pension or retirement benefits will be computed and upon which employer contributions and salary deductions will be based.

      (b) "Basic salary" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. In any year in which a member serves in the legislature the member shall have the option of having such member's basic salary be the greater of:

      (i) The basic salary the member would have received had such member not served in the legislature; or

      (ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because basic salary under (b)(i) of this subsection is greater than basic salary under (b)(ii) of this subsection shall be paid by the member for both member and employer contributions.

      (14)(a) "Service" for plan I members, means all periods of employment for an employer as a fire fighter or law enforcement officer, for which compensation is paid, together with periods of suspension not exceeding thirty days in duration. For the purposes of this chapter service shall also include service in the armed forces of the United States as provided in RCW 41.26.190. Credit shall be allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a fire fighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement. Only service credit months of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.

      (i) For members retiring after May 21, 1971 who were employed under the coverage of a prior pension act before March 1, 1970, "service" shall also include (A) such military service not exceeding five years as was creditable to the member as of March 1, 1970, under the member's particular prior pension act, and (B) such other periods of service as were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit be allowed for any service rendered prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by a prior pension act, unless such service, at the time credit is claimed therefor, is also creditable under the provisions of such prior act.

      (ii) A member who is employed by two employers at the same time shall only be credited with service to one such employer for any month during which the member rendered such dual service.

      (b) "Service" for plan II members, means periods of employment by a member for one or more employers for which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for at least seventy hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a one-quarter service credit month.

      Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.

      Service credit years of service shall be determined by dividing the total number of service credit months of service by twelve. Any fraction of a service credit year of service as so determined shall be taken into account in the computation of such retirement allowance or benefits.

      If a member receives basic salary from two or more employers during any calendar month, the individual shall receive one service credit month's service credit during any calendar month in which multiple service for ninety or more hours is rendered; or one-half service credit month's service credit during any calendar month in which multiple service for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy hours is rendered.

      (15) "Accumulated contributions" means the employee's contributions made by a member, including any amount paid under RCW 41.50.165(2), plus accrued interest credited thereon.

      (16) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.

      (17) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active and retired members and also to the rates of disability, retirement, withdrawal from service, salary and interest earned on investments.

      (18) "Disability board" for plan I members means either the county disability board or the city disability board established in RCW 41.26.110.

      (19) "Disability leave" means the period of six months or any portion thereof during which a member is on leave at an allowance equal to the member's full salary prior to the commencement of disability retirement. The definition contained in this subsection shall apply only to plan I members.

      (20) "Disability retirement" for plan I members, means the period following termination of a member's disability leave, during which the member is in receipt of a disability retirement allowance.

      (21) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.

      (22) "Medical services" for plan I members, shall include the following as minimum services to be provided. Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.

      (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for

      (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending physician due to the condition of the patient.

      (ii) Necessary hospital services, other than board and room, furnished by the hospital.

      (b) Other medical expenses: The following charges are considered "other medical expenses", provided that they have not been considered as "hospital expenses".

      (i) The fees of the following:

      (A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;

      (B) An ((osteopath)) osteopathic physician and surgeon licensed under the provisions of chapter 18.57 RCW;

      (C) A chiropractor licensed under the provisions of chapter 18.25 RCW.

      (ii) The charges of a registered graduate nurse other than a nurse who ordinarily resides in the member's home, or is a member of the family of either the member or the member's spouse.

      (iii) The charges for the following medical services and supplies:

      (A) Drugs and medicines upon a physician's prescription;

      (B) Diagnostic x-ray and laboratory examinations;

      (C) X-ray, radium, and radioactive isotopes therapy;

      (D) Anesthesia and oxygen;

      (E) Rental of iron lung and other durable medical and surgical equipment;

      (F) Artificial limbs and eyes, and casts, splints, and trusses;

      (G) Professional ambulance service when used to transport the member to or from a hospital when injured by an accident or stricken by a disease;

      (H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;

      (I) Nursing home confinement or hospital extended care facility;

      (J) Physical therapy by a registered physical therapist;

      (K) Blood transfusions, including the cost of blood and blood plasma not replaced by voluntary donors;

      (L) An optometrist licensed under the provisions of chapter 18.53 RCW.

      (23) "Regular interest" means such rate as the director may determine.

      (24) "Retiree" for persons who establish membership in the retirement system on or after October 1, 1977, means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

      (25) "Director" means the director of the department.

      (26) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

      (27) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

      (28) "Plan I" means the law enforcement officers' and fire fighters' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

      (29) "Plan II" means the law enforcement officers' and fire fighters' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.

      (30) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

      (31) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.

      (32) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol. Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources, fish and wildlife, and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor control board, and the state department of corrections.

      Sec. 12. RCW 43.43.830 and 1995 c 250 s 1 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

      (1) "Applicant" means:

      (a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

      (b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

      (c) Any prospective adoptive parent, as defined in RCW 26.33.020.

      (2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

      (3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

      (4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

      (5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

      (6) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

      (7) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

      (a) Chiropractic;

      (b) Dentistry;

      (c) Dental hygiene;

      (d) Massage;

      (e) Midwifery;

      (f) Naturopathy;

      (g) ((Osteopathy)) Osteopathic medicine and surgery;

      (h) Physical therapy;

      (i) Physicians;

      (j) Practical nursing;

      (k) Registered nursing; and

      (l) Psychology.

      "Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

      (8) "Unsupervised" means not in the presence of:

      (a) Another employee or volunteer from the same business or organization as the applicant; or

      (b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

      (9) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

      (10) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

      (11) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.

      Sec. 13. RCW 48.46.170 and 1983 c 106 s 7 are each amended to read as follows:

      (1) Solicitation of enrolled participants by a health maintenance organization granted a certificate of registration, or its agents or representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.

      (2) Any health maintenance organization authorized under this chapter shall not be deemed to be violating any law prohibiting the practice by unlicensed persons of ((podiatry)) podiatric medicine and surgery, chiropractic, dental hygiene, opticianary, dentistry, optometry, ((osteopathy)) osteopathic medicine and surgery, pharmacy, medicine and surgery, physical therapy, nursing, or psychology: PROVIDED, That this subsection shall not be construed to expand a health professional's scope of practice or to allow employees of a health maintenance organization to practice as a health professional unless licensed.

      (3) Nothing contained in this chapter shall alter any statutory obligation, or rule ((or regulation promulgated)) adopted thereunder, in chapter 70.38 or 70.39 RCW.

      (4) Any health maintenance organization receiving a certificate of registration pursuant to this chapter shall be exempt from the provisions of chapter 48.05 RCW, but shall be subject to chapter 70.39 RCW.

      Sec. 14. RCW 49.78.020 and 1989 1st ex.s. c 11 s 2 are each amended to read as follows:

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

      (1) "Child" means a biological or adopted child, or a stepchild, living with the employee.

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

      (3) "Employee" means a person other than an independent contractor employed by an employer on a continuous basis for the previous fifty-two weeks for at least thirty-five hours per week.

      (4) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and includes any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (i) employed a daily average of one hundred or more employees during the last calendar quarter at the place where the employee requesting leave reports for work, or (ii) employed a daily average of one hundred or more employees during the last calendar quarter within a twenty mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces; and (b) the state, state institutions, and state agencies.

      (5) "Family leave" means leave from employment to care for a newborn or newly adopted child under the age of six or a child under eighteen years old with a terminal health condition, as provided in RCW 49.78.030.

      (6) "Health care provider" means a person licensed as a physician under chapter 18.71 RCW or an ((osteopath)) osteopathic physician and surgeon under chapter 18.57 RCW.

      (7) "Parent" means a biological or adoptive parent, or a stepparent.

      (8) "Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours or days per workweek.

      (9) "Terminal health condition" means a condition caused by injury, disease, or illness, that, within reasonable medical judgment, is incurable and will produce death within the period of leave to which the employee is entitled.

      Sec. 15. RCW 68.50.530 and 1993 c 228 s 2 are each amended to read as follows:

      Unless the context requires otherwise, the definitions in this section apply throughout RCW 68.50.520 through 68.50.630 and 68.50.901 through 68.50.904.

      (1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.

      (2) "Decedent" means a deceased individual.

      (3) "Document of gift" means a card, a statement attached to or imprinted on a motor vehicle operator's license, a will, or other writing used to make an anatomical gift.

      (4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.

      (5) "Enucleator" means an individual who is qualified to remove or process eyes or parts of eyes.

      (6) "Hospital" means a facility licensed under chapter 70.41 RCW, or as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.

      (7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.

      (8) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.

      (9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or ((osteopathy)) osteopathic medicine and surgery under chapters 18.71 and 18.57 RCW.

      (10) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.

      (11) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

      (12) "Technician" means an individual who is qualified to remove or process a part.

      Sec. 16. RCW 69.41.010 and 1994 sp.s. c 9 s 736 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) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

      (a) A practitioner; or

      (b) The patient or research subject at the direction of the practitioner.

      (2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.

      (3) "Department" means the department of health.

      (4) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

      (5) "Dispenser" means a practitioner who dispenses.

      (6) "Distribute" means to deliver other than by administering or dispensing a legend drug.

      (7) "Distributor" means a person who distributes.

      (8) "Drug" means:

      (a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

      (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

      (c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and

      (d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.

      (9) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.

      (10) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

      (11) "Practitioner" means:

      (a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, an optometrist under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A RCW, a physician assistant under chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;

      (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and

      (c) A physician licensed to practice medicine and surgery or a physician licensed to practice ((osteopathy)) osteopathic medicine and surgery in any state, or province of Canada, which shares a common border with the state of Washington.

      (12) "Secretary" means the secretary of health or the secretary's designee.

      Sec. 17. RCW 69.41.030 and 1994 sp.s. c 9 s 737 are each amended to read as follows:

      It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, ((an osteopathic physician or)) an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter 18.79 RCW when authorized by the nursing care quality assurance commission, an osteopathic physician assistant under chapter 18.57A RCW when authorized by the board of osteopathic ((examiners)) medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the medical quality assurance commission, a physician licensed to practice medicine and surgery or a physician licensed to practice ((osteopathy)) osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any province of Canada which shares a common border with the state of Washington or in any state of the United States: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.

      Sec. 18. RCW 69.50.101 and 1994 sp.s. c 9 s 739 are each amended to read as follows:

      Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:

      (a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

      (1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or

      (2) the patient or research subject at the direction and in the presence of the practitioner.

      (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

      (c) "Board" means the state board of pharmacy.

      (d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board rules.

      (e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

      (i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

      (ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

      (2) The term does not include:

      (i) a controlled substance;

      (ii) a substance for which there is an approved new drug application;

      (iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

      (iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

      (f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

      (g) "Department" means the department of health.

      (h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

      (i) "Dispenser" means a practitioner who dispenses.

      (j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

      (k) "Distributor" means a person who distributes.

      (l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.

      (m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

      (n) "Immediate precursor" means a substance:

      (1) that the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

      (2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

      (3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

      (o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.

      (p) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

      (1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

      (2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

      (q) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

      (r) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

      (1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

      (2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

      (3) Poppy straw and concentrate of poppy straw.

      (4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

      (5) Cocaine, or any salt, isomer, or salt of isomer thereof.

      (6) Cocaine base.

      (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

      (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).

      (s) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

      (t) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

      (u) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

      (v) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

      (w) "Practitioner" means:

      (1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

      (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

      (3) A physician licensed to practice medicine and surgery, a physician licensed to practice ((osteopathy)) osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

      (x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

      (y) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

      (z) "Secretary" means the secretary of health or the secretary's designee.

      (aa) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

      (bb) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

      Sec. 19. RCW 70.05.050 and 1995 c 43 s 8 are each amended to read as follows:

      The local health officer shall be an experienced physician licensed to practice medicine and surgery or ((osteopathy)) osteopathic medicine and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the office of local health officer. No term of office shall be established for the local health officer but the local health officer shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible for his or her appointment under this section as to the reason for his or her removal. The local health officer shall act as executive secretary to, and administrative officer for the local board of health and shall also be empowered to employ such technical and other personnel as approved by the local board of health except where the local board of health has appointed an administrative officer under RCW 70.05.040. The local health officer shall be paid such salary and allowed such expenses as shall be determined by the local board of health. In home rule counties that are part of a health district under this chapter and chapter 70.46 RCW the local health officer and administrative officer shall be appointed by the local board of health.

      Sec. 20. RCW 70.08.030 and 1985 c 124 s 3 are each amended to read as follows:

      Notwithstanding any provisions to the contrary contained in any city or county charter, the director of public health, under this chapter shall meet as a minimum one of the following standards of educational achievement and vocational experience to be qualified for appointment to the office:

      (1) Bachelor's degree in business administration, public administration, hospital administration, management, nursing, environmental health, epidemiology, public health, or its equivalent and five years of experience in administration in a community-related field; or

      (2) A graduate degree in any of the fields listed in subsection (1) of this section, or in medicine or ((osteopathy)) osteopathic medicine and surgery, plus three years of administrative experience in a community-related field.

      The director shall not engage in the private practice of the director's profession during such tenure of office and shall not be included in the classified civil service of the said city or the said county.

      If the director of public health does not meet the qualifications of a health officer or a physician under RCW 70.05.050, the director shall employ a person so qualified to advise the director on medical or public health matters.

      Sec. 21. RCW 70.28.031 and 1967 c 54 s 4 are each amended to read as follows:

      Each health officer is hereby directed to use every available means to ascertain the existence of, and immediately to investigate, all reported or suspected cases of tuberculosis in the infectious stages within his or her jurisdiction and to ascertain the sources of such infections. In carrying out such investigations, each health officer is hereby invested with full powers of inspection, examination and quarantine or isolation of all persons known to be infected with tuberculosis in an infectious stage or persons who have been previously diagnosed as having tuberculosis and who are under medical orders for periodic follow-up examinations and is hereby directed:

      (a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an infectious stage and to isolate or isolate and quarantine such persons, whenever deemed necessary for the protection of the public health.

      (b) To make such examinations as deemed necessary of persons who have been previously diagnosed as having tuberculosis and who are under medical orders for periodic follow-up examinations.

      (c) Follow local rules and regulations regarding examinations, quarantine, or isolation, and all rules, regulations, and orders of the state board and of the department in carrying out such examination, quarantine or isolation.

      (d) Whenever the health officer shall determine on reasonable grounds that an examination of any person is necessary for the preservation and protection of the public health, he or she shall make an examination order in writing, setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as may be necessary to protect the public health. Nothing contained in this subdivision shall be construed to prevent any person whom the health officer determines should have an examination for infectious tuberculosis from having such an examination made by a physician of his or her own choice who is licensed to practice ((osteopathy)) osteopathic medicine and surgery under chapter 18.57 RCW or medicine and surgery under chapter 18.71 RCW under such terms and conditions as the health officer shall determine on reasonable grounds to be necessary to protect the public health.

      (e) Whenever the health officer shall determine that quarantine or isolation in a particular case is necessary for the preservation and protection of the public health, he or she shall make an isolation or quarantine order in writing, setting forth the name of the person to be isolated, the period of time during which the order shall remain effective, the place of isolation or quarantine, and such other terms and conditions as may be necessary to protect the public health.

      (f) Upon the making of an examination, isolation, or quarantine order as provided in this section, a copy of such order shall be served upon the person named in such order.

      (g) Upon the receipt of information that any examination, quarantine, or isolation order, made and served as herein provided, has been violated, the health officer shall advise the prosecuting attorney of the county in which such violation has occurred, in writing, and shall submit to such prosecuting attorney the information in his or her possession relating to the subject matter of such examination, isolation, or quarantine order, and of such violation or violations thereof.

      (h) Any and all orders authorized under this section shall be made by the health officer or his or her tuberculosis control officer.

      Sec. 22. RCW 70.38.115 and 1995 1st sp.s. c 18 s 72 are each amended to read as follows:

      (1) Certificates of need shall be issued, denied, suspended, or revoked by the designee of the secretary in accord with the provisions of this chapter and rules of the department which establish review procedures and criteria for the certificate of need program.

      (2) Criteria for the review of certificate of need applications, except as provided in subsection (3) of this section for health maintenance organizations, shall include but not be limited to consideration of the following:

      (a) The need that the population served or to be served by such services has for such services;

      (b) The availability of less costly or more effective alternative methods of providing such services;

      (c) The financial feasibility and the probable impact of the proposal on the cost of and charges for providing health services in the community to be served;

      (d) In the case of health services to be provided, (i) the availability of alternative uses of project resources for the provision of other health services, (ii) the extent to which such proposed services will be accessible to all residents of the area to be served, and (iii) the need for and the availability in the community of services and facilities for osteopathic physicians and surgeons and allopathic physicians and their patients. The department shall consider the application in terms of its impact on existing and proposed institutional training programs for doctors of ((osteopathy)) osteopathic medicine and surgery and medicine at the student, internship, and residency training levels;

      (e) In the case of a construction project, the costs and methods of the proposed construction, including the cost and methods of energy provision, and the probable impact of the construction project reviewed (i) on the cost of providing health services by the person proposing such construction project and (ii) on the cost and charges to the public of providing health services by other persons;

      (f) The special needs and circumstances of osteopathic hospitals, nonallopathic services and children's hospitals;

      (g) Improvements or innovations in the financing and delivery of health services which foster cost containment and serve to promote quality assurance and cost-effectiveness;

      (h) In the case of health services proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities similar to those proposed;

      (i) In the case of existing services or facilities, the quality of care provided by such services or facilities in the past;

      (j) In the case of hospital certificate of need applications, whether the hospital meets or exceeds the regional average level of charity care, as determined by the secretary; and

      (k) In the case of nursing home applications:

      (i) The availability of other nursing home beds in the planning area to be served; and

      (ii) The availability of other services in the community to be served. Data used to determine the availability of other services will include but not be limited to data provided by the department of social and health services.

      (3) A certificate of need application of a health maintenance organization or a health care facility which is controlled, directly or indirectly, by a health maintenance organization, shall be approved by the department if the department finds:

      (a) Approval of such application is required to meet the needs of the members of the health maintenance organization and of the new members which such organization can reasonably be expected to enroll; and

      (b) The health maintenance organization is unable to provide, through services or facilities which can reasonably be expected to be available to the organization, its health services in a reasonable and cost-effective manner which is consistent with the basic method of operation of the organization and which makes such services available on a long-term basis through physicians and other health professionals associated with it.

      A health care facility, or any part thereof, with respect to which a certificate of need was issued under this subsection may not be sold or leased and a controlling interest in such facility or in a lease of such facility may not be acquired unless the department issues a certificate of need approving the sale, acquisition, or lease.

      (4) Until the final expiration of the state health plan as provided under RCW 70.38.919, the decision of the department on a certificate of need application shall be consistent with the state health plan in effect, except in emergency circumstances which pose a threat to the public health. The department in making its final decision may issue a conditional certificate of need if it finds that the project is justified only under specific circumstances. The conditions shall directly relate to the project being reviewed. The conditions may be released if it can be substantiated that the conditions are no longer valid and the release of such conditions would be consistent with the purposes of this chapter.

      (5) Criteria adopted for review in accordance with subsection (2) of this section may vary according to the purpose for which the particular review is being conducted or the type of health service reviewed.

      (6) The department shall specify information to be required for certificate of need applications. Within fifteen days of receipt of the application, the department shall request additional information considered necessary to the application or start the review process. Applicants may decline to submit requested information through written notice to the department, in which case review starts on the date of receipt of the notice. Applications may be denied or limited because of failure to submit required and necessary information.

      (7) Concurrent review is for the purpose of comparative analysis and evaluation of competing or similar projects in order to determine which of the projects may best meet identified needs. Categories of projects subject to concurrent review include at least new health care facilities, new services, and expansion of existing health care facilities. The department shall specify time periods for the submission of applications for certificates of need subject to concurrent review, which shall not exceed ninety days. Review of concurrent applications shall start fifteen days after the conclusion of the time period for submission of applications subject to concurrent review. Concurrent review periods shall be limited to one hundred fifty days, except as provided for in rules adopted by the department authorizing and limiting amendment during the course of the review, or for an unresolved pivotal issue declared by the department.

      (8) Review periods for certificate of need applications other than those subject to concurrent review shall be limited to ninety days. Review periods may be extended up to thirty days if needed by a review agency, and for unresolved pivotal issues the department may extend up to an additional thirty days. A review may be extended in any case if the applicant agrees to the extension.

      (9) The department or its designee, shall conduct a public hearing on a certificate of need application if requested unless the review is expedited or subject to emergency review. The department by rule shall specify the period of time within which a public hearing must be requested and requirements related to public notice of the hearing, procedures, recordkeeping and related matters.

      (10)(a) Any applicant denied a certificate of need or whose certificate of need has been suspended or revoked has the right to an adjudicative proceeding. The proceeding is governed by chapter 34.05 RCW, the Administrative Procedure Act.

      (b) Any health care facility or health maintenance organization that: (i) Provides services similar to the services provided by the applicant and under review pursuant to this subsection; (ii) is located within the applicant's health service area; and (iii) testified or submitted evidence at a public hearing held pursuant to subsection (9) of this section, shall be provided an opportunity to present oral or written testimony and argument in a proceeding under this subsection: PROVIDED, That the health care facility or health maintenance organization had, in writing, requested to be informed of the department's decisions.

      (c) If the department desires to settle with the applicant prior to the conclusion of the adjudicative proceeding, the department shall so inform the health care facility or health maintenance organization and afford them an opportunity to comment, in advance, on the proposed settlement.

      (11) An amended certificate of need shall be required for the following modifications of an approved project:

      (a) A new service requiring review under this chapter;

      (b) An expansion of a service subject to review beyond that originally approved;

      (c) An increase in bed capacity;

      (d) A significant reduction in the scope of a nursing home project without a commensurate reduction in the cost of the nursing home project, or a cost increase (as represented in bids on a nursing home construction project or final cost estimates acceptable to the person to whom the certificate of need was issued) if the total of such increases exceeds twelve percent or fifty thousand dollars, whichever is greater, over the maximum capital expenditure approved. The review of reductions or cost increases shall be restricted to the continued conformance of the nursing home project with the review criteria pertaining to financial feasibility and cost containment.

      (12) An application for a certificate of need for a nursing home capital expenditure which is determined by the department to be required to eliminate or prevent imminent safety hazards or correct violations of applicable licensure and accreditation standards shall be approved.

      (13)(a) Replacement of existing nursing home beds in the same planning area by an existing licensee who has operated the beds for at least one year shall not require a certificate of need under this chapter. The licensee shall give written notice of its intent to replace the existing nursing home beds to the department and shall provide the department with information as may be required pursuant to rule. Replacement of the beds by a party other than the licensee is subject to certificate of need review under this chapter, except as otherwise permitted by subsection (14) of this section.

      (b) When an entire nursing home ceases operation, the licensee or any other party who has secured an interest in the beds may reserve his or her interest in the beds for eight years or until a certificate of need to replace them is issued, whichever occurs first. However, the nursing home, licensee, or any other party who has secured an interest in the beds must give notice of its intent to retain the beds to the department of health no later than thirty days after the effective date of the facility's closure. Certificate of need review shall be required for any party who has reserved the nursing home beds except that the need criteria shall be deemed met when the applicant is the licensee who had operated the beds for at least one year, who has operated the beds for at least one year immediately preceding the reservation of the beds, and who is replacing the beds in the same planning area.

      (14) In the event that a licensee, who has provided the department with notice of his or her intent to replace nursing home beds under subsection (13)(a) of this section, engages in unprofessional conduct or becomes unable to practice with reasonable skill and safety by reason of mental or physical condition, pursuant to chapter 18.130 RCW, or dies, the building owner shall be permitted to complete the nursing home bed replacement project, provided the building owner has secured an interest in the beds.

      Sec. 23. RCW 70.96A.020 and 1994 c 231 s 1 are each amended to read as follows:

      For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

      (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

      (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

      (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

      (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

      (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

      (6) "Department" means the department of social and health services.

      (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

      (8) "Director" means the person administering the chemical dependency program within the department.

      (9) "Drug addict" means a person who suffers from the disease of drug addiction.

      (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

      (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

      (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

      (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

      (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

      (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

      (16) "Licensed physician" means a person licensed to practice medicine or ((osteopathy)) osteopathic medicine and surgery in the state of Washington.

      (17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

      (18) "Minor" means a person less than eighteen years of age.

      (19) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

      (20) "Person" means an individual, including a minor.

      (21) "Secretary" means the secretary of the department of social and health services.

      (22) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

      (23) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

      Sec. 24. RCW 70.124.020 and 1981 c 174 s 2 are each amended to read as follows:

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

      (1) "Court" means the superior court of the state of Washington.

      (2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.

      (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice ((podiatry)) podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, ((osteopathy)) osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" shall include a nurses aide, a nursing home administrator licensed under chapter 18.52 RCW, and a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a nursing home patient who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected patient for the purposes of this chapter.

      (4) "Department" means the state department of social and health services.

      (5) "Nursing home" has the meaning prescribed by RCW 18.51.010.

      (6) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of nursing home patients, or providing social services to nursing home patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution.

      (7) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (8) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

      (9) "Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a nursing home or state hospital patient under circumstances which indicate that the patient's health, welfare, and safety is harmed thereby.

      (10) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, and safety.

      (11) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW.

      NEW SECTION. Sec. 25. This act shall take effect July 1, 1996."

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

      On page 1, line 2 of the title, after "surgeon;" strike the remainder of the title and insert "amending RCW 18.35.110, 18.57.001, 18.57.140, 18.71.030, 18.71.055, 18.71.205, 18.76.020, 18.76.060, 43.43.830, 48.46.170, 49.78.020, 68.50.530, 69.41.010, 69.41.030, 69.50.101, 70.05.050, 70.08.030, 70.28.031, 70.38.115, 70.96A.020, and 70.124.020; reenacting and amending RCW 18.120.020, 26.44.020, and 41.26.030; and providing an effective date."


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1627, as amended by the Senate, 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 House Bill No. 1627, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1627, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Owen and Quigley - 2.

      HOUSE BILL NO. 1627, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of Substitute House Bill No. 2371 and the pending amendment by Senators Wood, Haugen and Prince on page 2, line 2, to the Committee on Higher Education striking amendment, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Bauer, the President finds that Substitute House Bill No. 2371 is a measure which is limited to the suspension of licenses, certificates, or business registrations of persons who have defaulted on certain financial obligations related to education.

      "The amendment by Senators Wood, Haugen and Prince to the Committee on Higher Education striking amendment would prohibit the Board of Accountancy from requiring a ceratin number of educational credit hours from a potential licensee.

      "The President, therefore, finds that the proposed amendment to the committee amendment does change the scope and object of the bill and the point of order is well taken."


      The amendment on page 2, line 2, to the Committee on Higher Education striking amendment to Substitute House Bill No. 2371 was ruled out of order.

      The President declared the question before the Senate to be the adoption of the Committee on Higher Education striking amendment to Substitute House Bill No. 2371.

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


MOTIONS


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

      On page 1, line 1 of the title, after "loans;" strike the remainder of the title and insert "adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.11 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.27 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.46 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.160 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.180 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 28A.410 RCW; and prescribing penalties."

      On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 2371, as amended by the Senate, 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 Substitute House Bill No. 2371, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2371, as amended by the Senate, 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, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Rasmussen, Rinehart,

Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Owen and Quigley - 2.

      SUBSTITUTE HOUSE BILL NO. 2371, as amended by the Senate, 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 READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217, by House Committee on Appropriations (originally sponsored by Representatives Carrell, Mitchell, Thompson, Cooke, Boldt, Backlund and Johnson)

 

Changing provisions for at-risk youth.


      The bill was read the second time.


MOTIONS


      Senator Hargrove moved that the following Committee on Human Services and Corrections amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that no children should be exposed to the dangers inherent in living on the streets. The legislature further finds that there are children who are not mentally ill or chemically dependent who are living on the street in dangerous situations. These children through their at-risk behavior place themselves at great personal risk and danger. The legislature further finds that these children with at-risk behaviors should receive treatment for their problems that result in excessive opposition to parental authority.

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

      NEW SECTION. Sec. 3. A new section is added to chapter 13.32A RCW to read as follows:

      (1) In a disposition hearing, after a finding that a child is 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 not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment. The court may order that a child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties or needs. The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary to protect the child and that a less restrictive order 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.

      (2) The order shall require periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement. At each review hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198.

      (3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a child in need of services or an at-risk youth as defined in RCW 13.32A.030.

      (4) 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. 4. A new section is added to chapter 13.32A RCW to read as follows:

      (1) A violation of RCW 13.32A.082 by a licensed child-serving agency shall be addressed as a licensing violation under chapter 74.15 RCW.

      (2) A violation of RCW 13.32A.082 by any other person is a misdemeanor.

      NEW SECTION. Sec. 5. A new section is added to chapter 70.96A RCW to read as follows:

      School district personnel who contact a chemical dependency inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours.

      NEW SECTION. Sec. 6. A new section is added to chapter 71.34 RCW to read as follows:

      School district personnel who contact a mental health inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours.

      Sec. 7. RCW 13.32A.090 and 1995 c 312 s 10 are each amended to read as follows:

      (1) The ((person in charge)) administrator of a designated crisis residential center or the department 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.060.

      (2) When any of the circumstances under subsection (1) of this section are present, the ((person in charge)) administrator of a center or the department 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: (i) An out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent; or (ii) a certified or licensed mental health or chemical dependency program of the parent's choice; at the ((latter's)) parent'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)).


      (3) If the administrator of the crisis residential center performs the duties listed in subsection (2) of this section, he or she shall also notify the department that a child has been admitted to the crisis residential center.

      Sec. 8. RCW 13.32A.130 and 1995 c 312 s 12 are each amended to read as follows:

      (1) A child admitted to a secure facility within a crisis residential center shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission. If the child admitted under this section is transferred between centers or between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days.

      (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)) is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department. 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)) consider the following information if known: (A) ((A)) The 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 of a secure facility 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)) he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

      (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 RCW 13.32A.125; (c) placed in an out-of-home placement; or (d) ((is subject to a petition under RCW 13.32A.191)) the subject of an at-risk youth petition.

      (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.)) The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

      (6) Crisis residential center staff shall make 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)) administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the ((person in charge)) administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an 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)) (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under section 3 of this act.

      (7) At no time shall information regarding a parent's or child's rights be withheld. 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.

      Sec. 9. RCW 13.32A.030 and 1995 c 312 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) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

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

      (((3))) (4) "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))) (5) "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))) (6) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

      (7) "Custodian" means the person or entity who has the legal right to the custody of the child.

      (((6))) (8) "Department" means the department of social and health services.

      (((7))) (9) "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))) (10) "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))) (11) "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))) (12) "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))) (13) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.

      (((12))) (14) "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))) (15) "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. 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.

      (((14))) (16) "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.

      Sec. 10. RCW 13.32A.050 and 1995 c 312 s 6 are each amended to read as follows:

      (1) A law enforcement officer shall take a child into custody:

      (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

      (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

      (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

      (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 or 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW.

      (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.

      (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. The center shall provide the department with a copy of the officer's report.

      (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 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. 11. RCW 13.32A.060 and 1995 c 312 s 7 are each amended to read as follows:

      (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (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)) request that the officer ((to)) take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform ((the child and)) the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

      (b) After attempting to notify the parent, take the child to a designated crisis residential 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 some type of child abuse or neglect, as defined in RCW 26.44.020; ((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; or

      (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the department to accept custody of the child. If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement. If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; a licensed youth shelter and shall immediately notify the department if no placement option is available and the child is released.

      (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 13.32A.050(1)(c) ((shall)) may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility ((or,)). If the secure facility is not available ((or)), not located within a reasonable distance, or full, the officer shall take the child to a semi-secure ((facility within a)) crisis residential center((, licensed by the department and established pursuant to chapter 74.13 RCW)). An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to detention whenever the officer has been notified that a juvenile court has entered a detention order under this chapter or chapter 13.34 RCW.

      (3) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within ((crisis residential center or)) centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

      Sec. 12. RCW 13.32A.065 and 1981 c 298 s 4 are each amended to read as follows:

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

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

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

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

      Sec. 13. RCW 13.32A.070 and 1995 c 312 s 8 are each amended to read as follows:

      (1) 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 at the request of a parent)) is immune from civil or criminal liability for such action.

      (2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability for the act of receiving the child. The immunity does not release the person from liability under any other law.

      Sec. 14. RCW 13.32A.082 and 1995 c 312 s 34 are each amended 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.))

      (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.

      Sec. 15. RCW 13.32A.095 and 1995 c 312 s 21 are each amended to read as follows:

      The ((crisis residential center)) administrator of the crisis residential center 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. 16. RCW 13.32A.100 and 1981 c 298 s 8 are each amended to read as follows:

      Where a child is placed in ((a residence other than that of his or her parent)) an out-of-home placement pursuant to RCW 13.32A.090(2)(e), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.

      Sec. 17. RCW 13.32A.110 and 1979 c 155 s 25 are each amended to read as follows:

      If a child who has a legal residence outside the state of Washington is admitted to a crisis residential center or is ((placed)) released by a law enforcement officer ((with a responsible person other than the child's parent)) to the department, and the child refuses to return home, the provisions of RCW 13.24.010 shall apply.

      Sec. 18. RCW 13.32A.120 and 1995 c 312 s 11 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 out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), the administrator of 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 out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a child in need of services petition to approve an 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 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 child in need of services petition to approve an 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. 19. RCW 13.32A.140 and 1995 c 312 s 15 are each amended to read as follows:

      Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an 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)) by the department in an out-of-home placement, 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 has been filed by either the child or 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.

      (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 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 an 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)) the court. The department may authorize emergency medical or dental care for a child ((placed under this section)) admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files a child in need of services petition 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. 20. RCW 13.32A.150 and 1995 c 312 s 16 are each amended to read as follows:

      (1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of 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 RCW 13.32A.191.

      (2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall ((only)) allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve 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 out-of-home placement.

      (3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.

      Sec. 21. RCW 13.32A.152 and 1995 c 312 s 4 are each amended to read as follows:

      (1) Whenever a child in need of services petition is filed by a youth pursuant to RCW ((13.32A.130)) 13.32A.150, or the department pursuant to RCW ((13.32A.150)) 13.32A.140, the ((youth or the department)) filing party 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.

      (2) Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.

      Sec. 22. RCW 13.32A.160 and 1995 c 312 s 17 are each amended to read as follows:

      (1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who is in a center or a child who is not residing at home, nor in an out-of-home placement, within ((three judicial)) five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for any other child, within ten days; and (ii) 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 out-of-home placement)) a child in need of services 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 [an])) an 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 (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

      (2) Upon filing of 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. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

      (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 petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.

      Sec. 23. RCW 13.32A.170 and 1995 c 312 s 18 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, 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. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.

      (2) 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 child, has made a reasonable effort to resolve the conflict;

      (c) The conflict cannot be resolved by delivery of services to the family during continued placement of the child in the parental home;

      (d))) The child is a child in need of services as defined in RCW 13.32A.030(4);

      (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

      (c) 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))) (d) 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. The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

      (((2))) (3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, 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 RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (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. 24. RCW 13.32A.179 and 1995 c 312 s 20 are each amended to read as follows:

      (1) A disposition 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 by the court 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 disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve ((a voluntary)) an out-of-home placement requested in the child in need of services petition by the parents; (d) order ((any conditions set forth in RCW 13.32A.196(2))) an out-of-home placement at the request of the child or the department not to exceed ninety days; or (e) order the department to ((file a petition)) review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(2).

      (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 (2)(d) of this section 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)) problems that led to the filing of the petition; (v) the ((conflict)) problems 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) 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. The plan, if ordered, shall address only the needs of the child and shall not address the perceived needs of the parents, unless the order was entered under subsection (2)(d) of this section or specifically agreed to by the parents. 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 with timely notification of all court hearings.

      (5) 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))) (6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of ((a placement order)) the child in need of services proceeding 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))) (7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

      Sec. 25. RCW 13.32A.190 and 1995 c 312 s 24 are each amended to read as follows:

      (1) Upon making a dispositional order under RCW 13.32A.179, 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 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 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 shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to 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 the child to return to the home of the parent at the expiration of the placement. If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring 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 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 RCW 13.32A.179(3).

      (6) The court may dismiss a child in need of services petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.

      (7) The court shall dismiss a child in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

      Sec. 26. RCW 13.32A.192 and 1995 c 312 s 26 are each amended to read as follows:

      (1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:

      (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who is in a center or a child who is not residing at home, nor in an out-of-home placement, within ((three judicial)) five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for any other child, within ten days; and (ii) 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 out-of-home placement requested by the parent or child and 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. If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

      (4) If both 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 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 a temporary out-of-home placement pursuant to a child in need of services petition. 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.

      Sec. 27. RCW 13.32A.194 and 1995 c 312 s 27 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 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, 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 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)) fact-finding hearing. 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.250 and 1995 c 312 s 29 are each amended to read as follows:

      (1) In all 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. Except as otherwise provided in this section, 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 (3) of this section.

      (3) The court may impose a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

      (4) A child placed in confinement for contempt under this section shall be 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.

      (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

      Sec. 29. RCW 13.34.165 and 1989 c 373 s 17 are each amended to read as follows:

      (1) Failure by a party to comply with an order entered under this chapter is contempt of court as provided in chapter 7.21 RCW.

      (2) The maximum term of imprisonment that may be imposed as a punitive sanction for contempt of court under this section is confinement for up to seven days.

      (3) A child imprisoned for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

      (4) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.

      (5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

      Sec. 30. RCW 28A.225.030 and 1995 c 312 s 68 are each amended to read as follows:

      If the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from school, upon the fifth unexcused absence by a child within any month during the current school year or upon the tenth unexcused absence during the current school year the school district shall file a petition for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: (1) By the parent; (2) by the child; 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.

      Sec. 31. RCW 28A.225.035 and 1995 c 312 s 69 are each amended to read as follows:

      (1) A petition for a civil action 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. 32. RCW 28A.225.090 and 1995 c 312 s 74 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 (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 civil 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 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 child in a supervised plan for the 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.

      School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the juvenile court.

      Sec. 33. RCW 70.96A.020 and 1994 c 231 s 1 are each amended to read as follows:

      For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

      (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

      (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

      (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

      (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

      (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

      (6) "Department" means the department of social and health services.

      (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

      (8) "Director" means the person administering the chemical dependency program within the department.

      (9) "Drug addict" means a person who suffers from the disease of drug addiction.

      (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

      (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

      (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

      (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

      (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

      (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

      (16) "Licensed physician" means a person licensed to practice medicine or osteopathy in the state of Washington.

      (17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

      (18) "Minor" means a person less than eighteen years of age.

      (19) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.

      (20) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

      (((20))) (21) "Person" means an individual, including a minor.

      (((21))) (22) "Secretary" means the secretary of the department of social and health services.

      (((22))) (23) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

      (((23))) (24) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

      Sec. 34. RCW 70.96A.095 and 1995 c 312 s 47 are each amended to read as follows:

      (1) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of ((counseling, care,)) outpatient treatment((, or rehabilitation)) by a chemical dependency treatment program ((or by any person)) certified by the department. Consent of the parent((, parents, or legal guardian)) of a person less than eighteen years of age for inpatient treatment 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)) unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department. Parental authorization is required for any treatment of a minor under the age of thirteen. The parent((, parents, or legal guardian)) of a ((person less than eighteen years of age are)) minor is 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)) a certified 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)) certified treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to ((an approved)) a certified 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.

      (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.

      Sec. 35. RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

      (1)(a) 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.

      (b) Any provider of outpatient treatment for a minor thirteen years of age or older shall provide notice of the request for treatment to the minor's parents. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.

      (c) A treatment provider may defer notification to a parent of a minor's request for treatment if the minor alleges physical or sexual abuse by the parent and the treatment provider notifies the department of the alleged abuse. Upon completion of its assessment of the allegation, the department shall notify the treatment provider of its findings. If the department determines the allegation is not valid, the treatment provider shall immediately notify the parent of the minor's request for treatment. If the department determines the allegation is valid, the treatment provider need not provide notice to the parent.

      (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 may be voluntarily admitted by application of the parent. The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

      (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.

      (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.

      (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. 36. RCW 71.34.035 and 1995 c 312 s 58 are each amended to read as follows:

      The department shall randomly select and review the information on children who are admitted to ((in-patient)) inpatient treatment on application of the child's parent regardless of the source of payment, if any. 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. 37. RCW 74.13.036 and 1995 c 312 s 65 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 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 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.

      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) The department shall provide an annual report to the legislature not later than December 1, indicating the number of times it has declined to accept custody of a child from a law enforcement agency under chapter 13.32A RCW and the number of times it has received a report of a child being released without placement under RCW 13.32A.060(1)(c). The report shall include the dates, places, and reasons the department declined to accept custody and the dates and places children are released without placement.

      NEW SECTION. Sec. 38. It is the intent of the legislature that the changes in this act be construed to expedite the administrative and judicial processes provided for in the existing and amended statutes to assist in assuring that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their stay at the center.

      NEW SECTION. Sec. 39. A new section is added to chapter 74.13 RCW to read as follows:

      Within available funds appropriated for this purpose, the department shall establish, by contracts with private vendors, transitional living programs for dependent youth who are being assisted by the department in being emancipated as part of their permanency plan under chapter 13.34 RCW. These programs shall be licensed under rules adopted by the department."


      Senator McAuliffe moved that the following amendment by Senators McAuliffe, Pelz, Kohl and Fairley to the Committee on Human Services and Corrections striking amendment be adopted:

      On page 2 of the striking amendment, after line 23, strike all the material down to and including "hours." on line 29

      Renumber the sections consecutively and correct any internal references accordingly

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe, Pelz, Kohl and Fairley to the Committee on Human Services and Corrections striking amendment to Engrossed Second Substitute House Bill No. 2217.

      The motion by Senator McAuliffe failed and the amendment to the committee striking amendment was not adopted.


MOTION


      On motion of Senator Hargrove, the following amendment by Senators Hargrove, Long, Franklin and Kohl to the Committee on Human Services and Corrections striking amendment was adopted:

      On page 31, beginning on line 23 of the amendment, strike all of subsections (b) and (c) and insert the following:

      "(b) Any provider of outpatient treatment for a minor thirteen years of age or older shall provide notice of the treatment to the minor's parents. The notice shall be made upon the completion of the child's second visit for treatment, and shall contain the name, location, and telephone number of the mental health care provider who is designated to discuss the minor's need for treatment with the parent.

      (c) A treatment provider may defer notification to a parent of a minor's request for treatment if: (i) The minor alleges physical or sexual abuse by the parent and the treatment provider notifies the department of the alleged abuse. Upon completion of its assessment of the allegation, the department shall notify the treatment provider of its findings. If the department determines the allegation is not valid, the treatment provider shall immediately notify the parent of the minor's treatment. If the department determines the allegation is valid, the treatment provider need not provide notice to the parent; or (ii) the provider believes the parental notification will interfere with the necessary treatment for the minor. If the provider believes the notification will interfere with the necessary treatment, the provider shall notify the department. The department shall review the circumstances and pursue either a child in need of services petition, if the child meets the definition under RCW 13.32A.030(4)(c), or a dependency petition under chapter 13.34 RCW, if the child meets the definition of a dependent child under RCW 13.34.030(4). If the department determines neither petition is appropriate it shall immediately inform the provider, who shall notify the parent of the treatment within twenty-four hours or after the second visit for treatment, whichever is later."

      The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to Engrossed Second Substitute House Bill No. 2217.

      The committee striking amendment, as amended, was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 13.32A.090, 13.32A.130, 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.082, 13.32A.095, 13.32A.100, 13.32A.110, 13.32A.120, 13.32A.140, 13.32A.150, 13.32A.152, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.250, 13.34.165, 28A.225.030, 28A.225.035, 28A.225.090, 70.96A.020, 70.96A.095, 71.34.030, 71.34.035, and 74.13.036; adding new sections to chapter 13.32A RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 71.34 RCW; adding a new section to chapter 74.13 RCW; creating new sections; and prescribing penalties."

      On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute House Bill No. 2217, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2217, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2217, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 40.

      Voting nay: Senators Fairley, Fraser, Kohl, McAuliffe, Pelz, Thibaudeau and Wojahn - 7.

      Excused: Senators Owen and Quigley - 2.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.




MOTION


      At 8:05 p.m., on motion of Senator Spanel, the Senate adjourned until 8:00 a.m., Friday, March 1, 1996.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate