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EIGHTY-EIGHTH DAY




MORNING SESSION




House Chamber, Olympia, Thursday, April 10, 1997


             The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jeremy Van Nuys and Brittany Dixon. Prayer was offered by Reverend Harold R. Fray, Jr., Department Chaplain, North Highline Fire District, Seattle.


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


MESSAGES FROM THE SENATE

April 9, 1997

Mr. Speaker:


             The President has signed:

SENATE BILL NO. 5029,

SUBSTITUTE SENATE BILL NO. 5125,

SUBSTITUTE SENATE BILL NO. 5142,

SUBSTITUTE SENATE BILL NO. 5254,

SUBSTITUTE SENATE BILL NO. 5322,

SUBSTITUTE SENATE BILL NO. 5375,

SUBSTITUTE SENATE BILL NO. 5401,

SENATE BILL NO. 5647,

SENATE BILL NO. 5732,

SUBSTITUTE SENATE BILL NO. 5755,

ENGROSSED SENATE BILL NO. 5774,

SENATE BILL NO. 6007,

ENGROSSED SENATE JOINT MEMORIAL NO. 8001,

SENATE JOINT MEMORIAL NO. 8008,

and the same are herewith transmitted.

Mike O'Connell, Secretary


April 9, 1997

Mr. Speaker:


             The President has signed:

SUBSTITUTE SENATE BILL NO. 5009,

SUBSTITUTE SENATE BILL NO. 5049,

SENATE BILL NO. 5113,

SENATE BILL NO. 5132,

SENATE BILL NO. 5211,

SENATE BILL NO. 5287,

SUBSTITUTE SENATE BILL NO. 5308,

SENATE BILL NO. 5330,

SENATE BILL NO. 5338,

SENATE BILL NO. 5364,

SENATE BILL NO. 5426,

SENATE BILL NO. 5520,

SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5684,

SENATE BILL NO. 5713,

SENATE BILL NO. 5809,

SENATE BILL NO. 5925,

and the same are herewith transmitted.

Mike O'Connell, Secretary


April 9, 1997

Mr. Speaker:


             The President has signed:

SENATE BILL NO. 5085,

SUBSTITUTE SENATE BILL NO. 5100,

SUBSTITUTE SENATE BILL NO. 5107,

SENATE BILL NO. 5108,

SENATE BILL NO. 5109,

ENGROSSED SENATE BILL NO. 5163,

SUBSTITUTE SENATE BILL NO. 5183,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary


April 9, 1997

Mr. Speaker:


             The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1047,

HOUSE BILL NO. 1066,

SUBSTITUTE HOUSE BILL NO. 1234,

SUBSTITUTE HOUSE BILL NO. 1271,

HOUSE BILL NO. 1278,

SUBSTITUTE HOUSE BILL NO. 1550,

HOUSE BILL NO. 1573,

HOUSE BILL NO. 1636,

HOUSE BILL NO. 2040,

HOUSE BILL NO. 2098,

ENGROSSED HOUSE BILL NO. 2142,


and the same are herewith transmitted.

Susan Carlson, Deputy Secretary


April 9, 1997

Mr. Speaker:


             The Senate has passed:

HOUSE BILL NO. 1002,

SUBSTITUTE HOUSE BILL NO. 1003,

SUBSTITUTE HOUSE BILL NO. 1010,

HOUSE BILL NO. 1023,

HOUSE BILL NO. 1067,

SUBSTITUTE HOUSE BILL NO. 1200,

HOUSE BILL NO. 1300,

SUBSTITUTE HOUSE BILL NO. 1930,

and the same are herewith transmitted.

Susan Carlson, Deputy Secretary


RESOLUTION


             HOUSE RESOLUTION NO. 97-4654, by Representatives O'Brien, Chopp, Murray, Blalock, Appelwick, Dickerson, Cody, Tokuda, Veloria, Cooper, Kenney and Wensman


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

             WHEREAS, The O'Dea High School Fighting Irish Basketball team, from Seattle, won the 1997 class AA State Basketball Championship; and

             WHEREAS, The O'Dea Basketball coaches showed leadership and skill in focusing their team on accomplishing their goal of winning the State AA Basketball championship with a 29-0 perfect winning record; and

             WHEREAS, The Fighting Irish team wishes to acknowledge the dedication of the Seniors for their loyalty and contributions to the O'Dea Basketball program;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the O'Dea High School Fighting Irish Basketball team and Coach Phil Lumpkin and his assistant coaches for their accomplishments; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Coach Phil Lumpkin, the members of the O'Dea Fighting Irish Basketball team, the principal, and the faculty of O'Dea High School.


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


SECOND READING


             HOUSE BILL NO. 2240, by Representatives Huff, Linville, Wolfe and Poulsen; by request of Governor Locke

 

Creating the savings incentive account.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2240 was substituted for House Bill No. 2240 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2240 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Huff, Linville and Dyer spoke in favor of passage of the bill.


MOTION


             On motion by Representative Cairnes, Representatives Radcliff, Reams and L. Thomas were excused.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2240.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2240 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Radcliff, Reams and Thomas, L. - 3.


             Substitute House Bill No. 2240, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute House Bill No. 2240.

LES THOMAS, 31st District


             HOUSE BILL NO. 2248, by Representatives Huff and Cody; by request of Health Care Authority

 

Eliminating basic health plan agents' and brokers' commissions.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2248 was substituted for House Bill No. 2248 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2248 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Huff and Gombosky spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2248.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2248 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Radcliff, Reams and Thomas, L. - 3.


             Substitute House Bill No. 2248, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute House Bill No. 2248.

LES THOMAS, 31st District


             HOUSE BILL NO. 2272, by Representatives Huff, Clements, Alexander, Wensman, Sehlin and Mitchell

 

Transferring enforcement of cigarette and tobacco taxes to the liquor control board.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2272 was substituted for House Bill No. 2272 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2272 was read the second time.


             Representative Huff moved the adoption of the following amendment by Representative Huff: (496)


             On page 2, line 30, strike "two and one-half" and insert "five"


             Representative Huff spoke in favor of the adoption of the amendment. The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Huff, Cairnes, H. Sommers, Clements and Carrell spoke in favor of passage of the bill.


             Representatives Doumit, Sheldon and Kastama spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2272.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2272, and the bill passed the House by the following vote: Yeas - 58, Nays - 37, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dyer, Gombosky, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Keiser, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Parlette, Pennington, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thompson, Wensman, Zellinsky and Mr. Speaker - 58.

             Voting nay: Representatives Anderson, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Hatfield, Kastama, Kenney, Kessler, Lantz, Linville, Mason, Murray, O'Brien, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Thomas, B., Tokuda, Van Luven, Veloria, Wolfe and Wood - 37.

             Excused: Representatives Radcliff, Reams and Thomas, L. - 3.


             Engrossed Substitute House Bill No. 2272, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5266, by Senators Horn, Fraser, Newhouse and Schow; by request of Department of Licensing

 

Regulating engineers and land surveyors.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Commerce and Labor was adopted was before the House for purposes of amendments. (For committee amendments, see Journal, 80th Day, April 2, 1997.)


             Representative Kastama moved the adoption of the following amendment by Representative Kastama: (511)


             On page 3, line 7, after "sworn to" insert "in writing"


             On page 3, line 8, after "the allegation." insert "A registrant against whom a complaint was made must be immediately informed of such complaint by the board."


             Representatives Kastama and McMorris spoke in favor of the adoption of the amendment. The amendment was adopted.


             The question before the House was the adoption of the committee amendment as amended. The committee amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Honeyford spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5266 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5266 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Radcliff, Reams and Thomas, L. - 3.


             Senate Bill No. 5266, as amended by the House, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on House Bill No. 5266.

LES THOMAS, 31st District


SIGNED BY THE SPEAKER


             The Speaker announced he was signing:

HOUSE BILL NO. 1081,

HOUSE BILL NO. 1942,

HOUSE BILL NO. 2143,

SUBSTITUTE HOUSE BILL NO. 1060,

HOUSE BILL NO. 1098,

SUBSTITUTE HOUSE BILL NO. 1120,

HOUSE BILL NO. 1187,

HOUSE BILL NO. 1241,

SUBSTITUTE HOUSE BILL NO. 1383,

HOUSE BILL NO. 1452,

HOUSE BILL NO. 1514,

HOUSE BILL NO. 1651,

SUBSTITUTE HOUSE BILL NO. 1813,

ENGROSSED HOUSE BILL NO. 2093,

SUBSTITUTE HOUSE BILL NO. 1007,

SUBSTITUTE HOUSE BILL NO. 1016,

SUBSTITUTE HOUSE BILL NO. 1089,

SUBSTITUTE HOUSE BILL NO. 1124,

SUBSTITUTE HOUSE BILL NO. 1171,

HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1249,

SUBSTITUTE HOUSE BILL NO. 1251,

HOUSE BILL NO. 1288,

HOUSE BILL NO. 1400,

HOUSE BILL NO. 1590,

SUBSTITUTE HOUSE BILL NO. 1658,

SUBSTITUTE HOUSE BILL NO. 1799,

SENATE BILL NO. 5029,

SUBSTITUTE SENATE BILL NO. 5125,

SUBSTITUTE SENATE BILL NO. 5142,

SUBSTITUTE SENATE BILL NO. 5254,

SUBSTITUTE SENATE BILL NO. 5322,

SUBSTITUTE SENATE BILL NO. 5375,

SUBSTITUTE SENATE BILL NO. 5401,

SENATE BILL NO. 5647,

SENATE BILL NO. 5732,

SUBSTITUTE SENATE BILL NO. 5755,

ENGROSSED SENATE BILL NO. 5774,

SENATE BILL NO. 6007,

ENGROSSED SENATE JOINT MEMORIAL NO. 8001,

SENATE JOINT MEMORIAL NO. 8008,

SUBSTITUTE SENATE BILL NO. 5009,

SUBSTITUTE SENATE BILL NO. 5049,

SENATE BILL NO. 5113,

SENATE BILL NO. 5132,

SENATE BILL NO. 5211,

SENATE BILL NO. 5287,

SUBSTITUTE SENATE BILL NO. 5308,

SENATE BILL NO. 5330,

SENATE BILL NO. 5338,

SENATE BILL NO. 5364,

SENATE BILL NO. 5426,

SENATE BILL NO. 5520,

SENATE BILL NO. 5672,

SUBSTITUTE SENATE BILL NO. 5684,

SENATE BILL NO. 5713,

SENATE BILL NO. 5809,

SENATE BILL NO. 5925,

SENATE BILL NO. 5085,

SUBSTITUTE SENATE BILL NO. 5100,

SUBSTITUTE SENATE BILL NO. 5107,

SENATE BILL NO. 5108,

SENATE BILL NO. 5109,

ENGROSSED SENATE BILL NO. 5163,

SUBSTITUTE SENATE BILL NO. 5183,


             The Speaker called upon Representative Pennington to preside.


             SUBSTITUTE SENATE BILL NO. 5290, by Senate Committee on Ways & Means (originally sponsored by Senators West and Spanel; by request of Liquor Control Board)

 

Providing that the liquor control board construction and maintenance account retain its earnings.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Clements and H. Sommers spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5290.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5290, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Radcliff, Reams and Thomas, L. - 3.


             Substitute Senate Bill No. 5290, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute Senate Bill No. 5290.

LES THOMAS, 31st District


             SUBSTITUTE SENATE BILL NO. 5295, by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Goings, Kohl, Wojahn, Zarelli, Schow and Patterson)

 

Revising district court procedures regarding small claims and appeals.


             The bill was read the second time.


             Representative Lambert moved the adoption of the following amendment by Representative Lambert: (495)


             On page 2, beginning on line 31, after "trial." strike everything through "perjury." on line 34


             Representatives Lambert and Costa spoke in favor of the adoption of the amendment. The amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan and Costa spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5295 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5295 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Substitute Senate Bill No. 5295, as amended by the House, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute Senate Bill No. 5295.

LES THOMAS, 31st District


             ENGROSSED SENATE BILL NO. 5590, by Senators Newhouse, Fraser, Swecker, Morton, McAuliffe and Rasmussen

 

Funding a biosolids management program.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For committee amendments, see Journal, 78th Day, March 31,, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Chandler and Regala spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5590 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5590 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Engrossed Senate Bill No. 5590, as amended by the House, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Senate Bill No. 5590.

LES THOMAS, 31st District


             The Speaker assumed the chair.


             SENATE BILL NO. 5603, by Senators Stevens, Zarelli, Johnson, Roach, Oke and Hochstatter

 

Allowing parents access to student records and prohibiting their release without parental consent.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Johnson and Cole spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5603.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5603 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Senate Bill No. 5603, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Senate Bill No. 5603.

LES THOMAS, 31st District


             SUBSTITUTE SENATE BILL NO. 5621, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Winsley, Patterson, Benton and Oke)

 

Requiring kidnappers of children to register with local law enforcement agencies upon release from custody.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


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


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5621.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5621 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Substitute Senate Bill No. 5621, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute House Bill No. 5621.

LES THOMAS, 31st District


             SENATE BILL NO. 5626, by Senators Morton, Hargrove, Swecker, Hochstatter, Stevens, Schow, Strannigan and Anderson

 

Providing game transport tags at no cost in order to meet harvest management goals.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Buck and Regala spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5626.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5626 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Senate Bill No. 5626, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Senate Bill No. 5626.

LES THOMAS, 31st District


             SENATE BILL NO. 5642, by Senators Spanel and Oke

 

Regulating the taking of dungeness crab in Puget Sound.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Buck and Regala spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5642.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5642 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Senate Bill No. 5642, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Senate Bill No. 5642.

LES THOMAS, 31st District


             SUBSTITUTE SENATE BILL NO. 5653, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Oke and Snyder; by request of Commissioner of Public Lands and Department of Natural Resources)

 

Concerning the sale of salvageable timber from state-owned lands.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Buck and Butler spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5653.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5653 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Substitute Senate Bill No. 5653, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Substitute Senate Bill No. 5653.

LES THOMAS, 31st District


             ENGROSSED SENATE BILL NO. 5657, by Senator Strannigan

 

Authorizing the director of general administration to enter into leases of up to ten years without a review by the office of financial management.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Koster and Ogden spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5657.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5657 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Engrossed Senate Bill No. 5657, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Senate Bill No. 5657.

LES THOMAS, 31st District


             ENGROSSED SUBSTITUTE SENATE BILL NO. 5666, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Prentice, Roach, Patterson, Goings, Swecker, Newhouse, Benton, Bauer, Horn, Loveland, Finkbeiner, Wood, Wojahn, Sellar, Rasmussen and Anderson)

 

Regulating smoking in the workplace.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Commerce and Labor was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative McMorris, Dyer, Robertson, Carlson and Boldt spoke in favor of passage of the bill.


             Representative Conway, Quall and Cody spoke against passage of the bill.


             Representative Zellinsky demanded the previous question and the demand was sustained.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5666 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5666 as amended by the House, and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Fisher, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Poulsen, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sullivan, Sump, Talcott, Thomas, B., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 66.

             Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Gardner, Gombosky, Keiser, Kenney, Lantz, Mason, Murray, Ogden, Quall, Regala, Sheldon, Sommers, H., Sterk, Tokuda, Veloria, Wolfe and Wood - 30.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Engrossed Substitute Senate Bill No. 5666, as amended by the House, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Substitute Senate Bill No. 5666.

LES THOMAS, 31st District


RECONSIDERATION


             There being no objection, the rules were suspended, and the House immediately reconsidered the vote on Engrossed Substitute House Bill No. 2272.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2272.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2272, on reconsideration and the bill passed the House by the following vote: Yeas - 63, Nays - 33, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Gombosky, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Keiser, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thompson, Wensman, Zellinsky and Mr. Speaker - 63.

             Voting nay: Representatives Anderson, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Hatfield, Kastama, Kenney, Kessler, Lantz, Mason, Murray, Quall, Regala, Romero, Scott, Sheldon, Thomas, B., Tokuda, Van Luven, Veloria, Wolfe and Wood - 33.

             Excused: Representatives Radcliff and Thomas, L. - 2.


             Engrossed Substitute House Bill No. 2272, having received the constitutional majority, declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Substitute House Bill No. 2272.

LES THOMAS, 31st District


             SUBSTITUTE SENATE BILL NO. 5670, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen and Roach; by request of Utilities & Transportation Commission)

 

Regulating solid waste collection certificates in effect within cities and towns.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives D. Sommers and Scott spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5670.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5670 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5670, having received the constitutional majority, was declared passed.


             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710, by Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Long, Franklin, Stevens, Prentice, Zarelli and Schow)

 

Changing provisions relating to juvenile care and treatment by the department of social and health services.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Children & Family Services was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Cooke and Kastama spoke in favor of passage of the bill.


MOTION


             On motion by Representative DeBolt, Representatives Chandler and Mastin were excused.


             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5710 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5710 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Chandler and Mastin - 2.


             Engrossed Second Substitute Senate Bill No. 5710, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5714, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Rossi and Prentice; by request of Commissioner of Public Lands and Department of Natural Resources)

 

Concerning the classification of forest practices and the regulation of forest practices by state and local entities.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Buck and Butler spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5714.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5714 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Chandler and Mastin - 2.


             Substitute Senate Bill No. 5714, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5724, by Senate Committee on Law & Justice (originally sponsored by Senators Wood, Roach and Haugen)

 

Extending the statute of limitations for first degree theft when the victim is a 501(c)(3) corporation.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sterk and Costa spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5724.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5724 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Chandler and Mastin - 2.


             Substitute Senate Bill No. 5724, having received the constitutional majority, was declared passed.


             ENGROSSED SUBSTITUTE SENATE BILL NO. 5725, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker and McDonald)

 

Changing provisions relating to reclaimed water.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Schoesler and Linville spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5725 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5725 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Chandler and Mastin - 2.


             Engrossed Substitute Senate Bill No. 5725, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5741, by Senators Wood and Winsley

 

Requiring a statement of permitted uses and use restrictions for condominiums.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Trade & Economic Development was before the House for purposes of amendment. (For committee amendment, see Journal, 82nd Day, April 4, 1997.)


             Representative Radcliff moved the adoption of the following amendment by Representative Radcliff: (515)


             On page 4, line 6 of the amendment, after "counsel;" strike "and

             (((ii)))" and insert "((and))

             (ii)"


             On page 4, line 10 of the amendment, after "declarant" insert "; and

             (kk) A notice that addresses compliance or noncompliance with the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995"


             On page 7, after line 9 of the amendment, insert the following:

             "Sec. 1. RCW 49.60.222 and 1995 c 259 s 3 are each amended to read as follows:

             (1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, race, creed, color, national origin, families with children status, the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service dog by a disabled person:

             (a) To refuse to engage in a real estate transaction with a person;

             (b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

             (c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

             (d) To refuse to negotiate for a real estate transaction with a person;

             (e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property;

             (f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting;

             (g) To make, print, circulate, post, or mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;

             (h) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

             (i) To expel a person from occupancy of real property;

             (j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of RCW 49.60.176 relating to unfair practices in credit transactions; or

             (k) To attempt to do any of the unfair practices defined in this section.

             (2) For the purposes of this chapter discrimination based on the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service dog by a blind, deaf, or physically disabled person includes:

             (a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the dwelling to the condition that existed before the modification, reasonable wear and tear excepted;

             (b) To refuse to make reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence of any sensory, mental, or physical disability and/or the use of a trained guide dog or service dog by a blind, deaf, or physically disabled person equal opportunity to use and enjoy a dwelling; or

             (c) To fail to design and construct covered multifamily dwellings and premises in conformance with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations pertaining to access by persons with any sensory, mental, or physical disability or use of a trained guide dog or service dog. Whenever the requirements of applicable laws or regulations differ, the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall govern.

             Nothing in (a) or (b) of this subsection shall apply to: (i) A single-family house rented or leased by the owner if the owner does not own or have an interest in the proceeds of the rental or lease of more than three such single-family houses at one time, the rental or lease occurred without the use of a real estate broker or salesperson, as defined in RCW 18.85.010, and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in violation of subsection (1)(g) of this section; or (ii) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence.

             (3) Notwithstanding any other provision of this chapter, it shall not be an unfair practice or a denial of civil rights for any public or private educational institution to separate the sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or to make distinctions on the basis of marital or families with children status.

             (4) Except pursuant to subsection (2)(a) of this section, this section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a disabled person except as otherwise required by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests, provided that chapters 59.18 and 59.20 RCW are only affected to the extent they are inconsistent with the nondiscrimination requirements of this chapter. Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

             (5) Notwithstanding any other provision of this chapter, it shall not be an unfair practice for any public establishment providing for accommodations offered for the full enjoyment of transient guests as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of RCW 49.60.215 relating to unfair practices in places of public accommodation.

             (6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this chapter authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995."


             Representatives Radcliff and Veloria spoke in favor of the adoption of the amendment. The amendment was adopted.


             The question before the House was the adoption of the committee amendment as amended. The amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Radcliff and Veloria spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5741 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5741 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 2, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Absent: Representatives Costa and Quall - 2.


             Senate Bill No. 5741, as amended by the House, having received the constitutional majority, was declared passed.


MOTION FOR RECONSIDERATION


             Representative Robertson, having voted on the prevailing side, moved that the House reconsider the vote on Engrossed Substitute Senate Bill No. 5725 on the next working day. The motion was carried.


             There being no objection, the House deferred consideration of Engrossed Senate Bill No. 5744 and the bill held it's place on the second reading calendar.


             ENGROSSED SUBSTITUTE SENATE BILL NO. 5759, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Zarelli, Franklin, Winsley, Oke and Roach)

 

Changing sex offender risk level classification and public notification procedures.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Koster and Gombosky spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5759 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5759 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed Substitute Senate Bill No. 5759, as amended by the House, having received the constitutional majority, was declared passed.


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


THIRD READING


             SENATE BILL NO. 5650, by Senator McDonald

 

Allowing cities to assume jurisdiction over water or sewer districts.


MOTION


             On motion of Representative D. Schmidt, the rules were suspended, and Senate Bill No. 5650 was returned to second reading for the purpose of an amendment.


SECOND READING


             Representative D. Schmidt moved the adoption of the following amendment by Representative D. Schmidt: (517)


             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. A new section is added to chapter 35.13A RCW to read as follows:

             The board of commissioners of a water-sewer district, with fewer than one hundred twenty customers on the effective date of this act, may by resolution declare that it is in the best interests of the district for a city, with a population greater than one hundred thousand on the effective date of this act, to assume jurisdiction of the district. None of the territory or assessed valuation of the district need be included within the corporate boundaries of the city. If the city legislative body agrees to assume jurisdiction of the district, the district and the city shall enter into a contract under RCW 35.13A.070, acceptable to both the district and the city, to carry out the assumption. The contract must provide for the transfer to the city of all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water and sewer lines, and all other facilities and equipment of the district. The transfers are subject to all financial, statutory, or contractual obligations of the district for the security or performance of which the property may have been pledged. The city may manage, control, maintain, and operate the property, facilities, and equipment and fix and collect service and other charges from owners and occupants of properties so served by the city. However, the actions of the city are subject to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district, including but not limited to the contract entered into by the city and the district under RCW 35.13A.070.

             Under the contract, the city may assume the obligation of paying the district indebtedness and of levying and collecting or causing to be collected the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of the indebtedness, according to all terms, conditions, and covenants incident to the indebtedness. The city shall assume and perform all other outstanding contractual obligations of the district in accordance with all of their terms, conditions, and covenants. The assumption does not impair the obligation of any indebtedness or other contractual obligation entered into after the effective date of this act. Until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property in it, continue to be liable for its and their proportionate share of the indebtedness, including outstanding assessments levied by a local improvement district or utility local improvement district within the water-sewer district. The city shall assume the obligation of paying the indebtedness, collecting the assessments and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected in the district, and causing service and other charges and assessments to be collected from the property or owners or occupants of it, enforcing the collection, and performing all other acts necessary to insure performance of the district's contractual obligations.

             When the city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service or other charges have accrued for that purpose but have not been collected by the district before the assumption, the taxes, assessments, and charges collected belong and must be paid to the city and used by the city so far as necessary for payment of indebtedness of the district that existed and was unpaid on the date the city elected to assume the indebtedness. Funds received by the city that have been collected for the purpose of paying bonded or other indebtedness of the district must be used for the purpose for which they were collected and for no other purpose. Outstanding indebtedness must be paid as provided in the bond covenants. The city shall use funds of the district on deposit with the county treasurer at the time of title transfer solely for the benefit of the utility, and shall not transfer them to or use them for the benefit of the city's general fund.

             This section expires December 31, 1998.


             Sec. 2. RCW 35.13A.070 and 1971 ex.s. c 95 s 7 are each amended to read as follows:

             Notwithstanding any provision of this chapter to the contrary, one or more cities and one or more ((water districts or sewer)) districts may, through their legislative authorities, authorize a contract with respect to the rights, powers, duties, and obligation of such cities, or districts with regard to the use and ownership of property, the providing of services, the maintenance and operation of facilities, allocation of cost, financing and construction of new facilities, application and use of assets, disposition of liabilities and debts, the performance of contractual obligations, and any other matters arising out of the inclusion, in whole or in part, of the district or districts within any city or cities, or the assumption by the city of jurisdiction of a district under section 1 of this act. The contract may provide for the furnishing of services by any party thereto and the use of city or district facilities or real estate for such purpose, and may also provide for the time during which such district or districts may continue to exercise any rights, privileges, powers, and functions provided by law for such district or districts as if the district or districts or portions thereof were not included within a city or were not subject to an assumption of jurisdiction under section 1 of this act, including but not by way of limitation, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges, and connection fees, ((and)) to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of improvements, and to issue general obligation bonds or revenue bonds in the manner provided by law. The contract may provide for the transfer to a city of district facilities, property, rights, and powers as provided in RCW 35.13A.030 ((and)), 35.13A.050, and section 1 of this act, whether or not sixty percent or any of the area or assessed valuation of real estate lying within the district or districts is included within such city. The contract may provide that any party thereto may authorize, issue, and sell revenue bonds to provide funds for new water or sewer improvements or to refund any water revenue, sewer revenue, or combined water and sewer revenue bonds outstanding of any city, or district which is a party to such contract if such refunding is deemed necessary, providing such refunding will not increase interest costs. The contract may provide that any party thereto may authorize and issue, in the manner provided by law, general obligation or revenue bonds of like amounts, terms, conditions, and covenants as the outstanding bonds of any other party to the contract, and such new bonds may be substituted or exchanged for such outstanding bonds((: PROVIDED, That)). However, no such exchange or substitution shall be effected in such a manner as to impair the obligation or security of any such outstanding bonds.


             Sec. 3. RCW 35.13A.080 and 1971 ex.s. c 95 s 8 are each amended to read as follows:

             In any of the cases provided for in RCW 35.13A.020, 35.13A.030, ((and)) 35.13A.050, and section 1 of this act, and notwithstanding any other method of dissolution provided by law, dissolution proceedings may be initiated by either the city or the district, or both, when the legislative body of the city and the governing body of the district agree to, and petition for, dissolution of the district.

             The petition for dissolution shall be signed by the chief administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing body of the district, respectively and such petition shall be presented to the superior court of the county in which the city is situated.

             If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the district has passed to the city pursuant to action taken under this chapter, all indebtedness and local improvement district or utility local improvement district assessments of the district have been discharged or assumed by and transferred to the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city and the district and a copy of the agreement between such city and the district is attached thereto, a hearing shall not be required and the court shall, if the interests of all interested parties have been protected, enter an order dissolving the district.

             In any of the cases provided for in RCW 35.13A.020 ((and)), 35.13A.030, and section 1 of this act, if the petition for an order of dissolution is signed on behalf of the city alone or the district alone, or there is no mutual agreement on the distribution of assets and liabilities, the superior court shall enter an order fixing a hearing date not less than sixty days from the day the petition is filed, and the clerk of the court of the county shall give notice of such hearing by publication in a newspaper of general circulation in the district once a week for three successive weeks and by posting in three public places in the district at least twenty-one days before the hearing. The notice shall set forth the filing of the petition, its purposes, and the date and place of hearing thereon.

             After the hearing the court shall enter its order with respect to the dissolution of the district. If the court finds that such district should be dissolved and the functions performed by the city, the court shall provide for the transfer of assets and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the court does not dissolve the district, it shall state the reasons for declining to do so.


             Sec. 4. RCW 57.04.050 and 1996 c 230 s 204 are each amended to read as follows:

             Upon entry of the findings of the final hearing on the petition if one or more county legislative authorities find that the proposed district will be conducive to the public health, welfare, and convenience and will benefit the land therein, they shall ((call)) present a resolution to the county auditor calling for a special election ((by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. A special election shall be held on a date decided by the commissioners in accordance with RCW 29.13.020)) to be held at a date specified under RCW 29.13.020, that occurs forty-five or more days after the resolution is presented, at which a ballot proposition authorizing the district to be created shall be submitted to voters for their approval or rejection. The commissioners shall cause to be published a notice of the election for four successive weeks in a newspaper of general circulation in the proposed district, which notice shall state the hours during which the polls will be open, the boundaries of the district as finally adopted and the object of the election, and the notice shall also be posted ten days in ten public places in the proposed district. ((In submitting the proposition to the voters, it shall be expressed on the ballots in the following terms:

 

              . . . . . District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .YES □

              . . . . . District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NO □

 

giving the name of the district as provided in the petition. The proposition to be effective must be)) The district shall be created if the ballot proposition authorizing the district to be created is approved by a majority of the voters voting on the proposition.

             A separate ballot proposition authorizing the district, if created, to impose a single-year excess levy for the preliminary expenses of the district shall be submitted to voters for their approval or rejection at the same special election ((a proposition shall be submitted to the voters, for their approval or rejection, authorizing the district, if formed, to impose on all property located in the district a general tax for one year, in excess of the limitations provided by law)), if the petition to create the district also proposed that a ballot proposition authorizing an excess levy be submitted to voters for their approval or rejection. The excess levy shall be proposed in the amount specified in the petition to create the district, not to exceed one dollar and twenty-five cents per thousand dollars of assessed value, ((for general preliminary expenses of the district, that proposition to be expressed on the ballots in the following terms:

 

             One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax. . . . . . . . . . . .YES □

NO □

 

             Such a ballot proposition)) and may only be submitted to voters for their approval or rejection if the special election is held in February, March, April, or May. The proposition to be effective must be approved ((by at least three-fifths of the voters voting on the proposition)) in the manner set forth in Article VII, section 2(a) of the state Constitution.


             Sec. 5. RCW 57.08.005 and 1996 c 230 s 301 are each amended to read as follows:

             A district shall have the following powers:

             (1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. 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 this title, except that all assessment or reassessment rolls to be prepared and 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 are imposed upon the county treasurer;

             (2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;

             (3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as 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;

             (4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;

             (5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district 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, other facilities 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 and treatment of storm or surface waters, public highways, streets, and roads)) with full authority to regulate the use and operation thereof and the service rates to be charged. Sewage facilities may include facilities which result in combined sewage disposal((,)) or treatment((, or drainage)) and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal((,)) or 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 that result in combined sewage disposal((,)) or 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 owners;

             (6) To construct, condemn and purchase, add to, maintain, and operate systems of drainage for the benefit and use of the district, the inhabitants thereof, and persons outside the district with an adequate system of drainage, including but not limited to facilities and systems for the collection, interception, treatment, and disposal of storm or surface waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and the service rates to be charged. Drainage facilities may include natural systems. Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district may conduct storm or surface water throughout the district and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts 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 drainage systems. A district may provide or erect facilities and improvements for the treatment and disposal of storm or surface water 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 storm or surface waters. For the purposes of drainage facilities which include facilities that also generate electricity as 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 owners;

             (7) To construct, condemn, acquire, and own buildings and other necessary district facilities;

             (((7))) (8) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the 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;

             (((8))) (9) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;

             (((9))) (10) To fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the 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 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 system, or at the time of installation of the 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 for each year for the treasurer's services. Those 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. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule.

             Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

             (((10))) (11) To contract with individuals, associations and corporations, the state of Washington, and the United States;

             (((11))) (12) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;

             (((12))) (13) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;

             (((13))) (14) To sue and be sued;

             (((14))) (15) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;

             (((15))) (16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;

             (((16))) (17) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;

             (((17))) (18) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;

             (((18))) (19) To establish street lighting systems under RCW 57.08.060;

             (((19))) (20) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and

             (((20))) (21) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage.


             Sec. 6. RCW 57.08.014 and 1996 c 230 s 304 are each amended to read as follows:

             In addition to the authority of a district to establish classifications for rates and charges and impose such rates and charges, a district may adjust or delay those rates and charges for low-income persons or classes of low-income persons, including but not limited to, ((poor)) low-income handicapped persons and ((poor)) low-income senior citizens. Other financial assistance available to low-income persons shall be considered in determining charges and rates under this section. Notification of special rates or charges established under this section shall be provided to all persons served by the district annually and upon initiating service. Information on cost shifts caused by establishment of the special rates or charges shall be included in the notification. Any reduction in charges and rates granted to low-income persons in one part of a service area shall be uniformly extended to low-income persons in all other parts of the service area.


             Sec. 7. RCW 57.08.030 and 1996 c 230 s 307 are each amended to read as follows:

             (1) Whenever any district shall have installed a distributing system of water mains and laterals, and as a source of supply of water shall be purchasing or intending to purchase water from any city or town, and whenever it appears to be advantageous to the water consumers in the district that such city or town shall take over the water system of the district and supply water to those water users, the commissioners of the district, when authorized as provided in subsection (2) of this section, shall have the right to convey the distributing system to that city or town if that city or town is willing to accept, maintain, and repair the same.

             (2) Should the commissioners of the district decide that it would be to the advantage of the water consumers of the district to make the conveyance provided for in subsection (1) of this section, they shall cause the proposition of making that conveyance to be submitted to the voters of the district at any general election or at a special election to be called for the purpose of voting on the same. If at the election a majority of the voters voting on the proposition shall be in favor of making the conveyance, the district commissioners shall have the right to convey to the city or town the mains and laterals belonging to the district upon the city or town entering into a contract satisfactory to the commissioners to maintain and repair the same.

             (3) Whenever a city or town located wholly or in part within a district shall enter into a contract with the commissioners of a district providing that the city or town shall take over all of the operation of the water supply facilities of the district located within its boundaries, the area of the district located within the city or town shall upon the execution of the contract cease to be served by the district for water service purposes. However, the affected land within that city or town shall remain liable for the payment of all assessments, any lien upon the property at the time of the execution of the agreement, and for any lien of all general obligation bonds due at the date of the contract, and the city or town shall remain liable for its fair prorated share of the debt of the area for any revenue bonds, outstanding as of the date of contract.


             Sec. 8. RCW 57.08.044 and 1996 c 230 s 309 are each amended to read as follows:

             A district may enter into contracts with any county, city, town, or any other municipal or quasi-municipal corporation, or with any private person or corporation, for the acquisition, ownership, use, and operation of any property, facilities, or services, within or without the district, and necessary or desirable to carry out the purposes of the district. A district may provide water, sewer, drainage, or street lighting services to property owners in areas within or without the limits of the district, except that if the area to be served is located within another existing district duly authorized to exercise district powers in that area, then water, sewer, drainage, or street lighting service may not be so provided by contract or otherwise without the consent by resolution of the board of commissioners of that other district.


             Sec. 9. RCW 57.08.047 and 1996 c 230 s 310 are each amended to read as follows:

             The provision of water ((or)), sewer, or drainage service beyond the boundaries of a district may be subject to potential review by a boundary review board under chapter 36.93 RCW.


             Sec. 10. RCW 57.08.050 and 1996 c 230 s 311 and 1996 c 18 s 14 are each reenacted and amended to read as follows:

             (1) All ((work)) projects ordered, the estimated cost of which is in excess of ((five)) ten thousand dollars, shall be let by contract. The cost of a project is the aggregate amount to be paid for all labor, materials, supplies, and equipment of a continuous or interrelated project if the work is to be performed simultaneously or in close sequence. All contract projects, the estimated cost of which is less than fifty thousand dollars, may be awarded to a contractor using the small works roster process provided in RCW 39.04.155. The board of commissioners may set up uniform procedures to prequalify contractors for inclusion on the small works roster. All contract projects equal to or in excess of fifty thousand dollars shall be let by competitive bidding. Before awarding any such contract the board of commissioners shall publish a notice in a newspaper of general circulation where the district is located at least once thirteen days before the last date upon which bids will be received, inviting sealed proposals for such work, plans and specifications ((which)). The work plans and specifications must at the time of publication of such notice be on file in the office of the board of commissioners and be subject to ((the)) public inspection. The notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the board of water commissioners on or before the day and hour named therein.

             Each bid shall be accompanied by a certified or cashier's check or postal money order payable to the order of the county treasurer for a sum not less than five percent of the amount of the bid, or accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated damages the amount specified in the bond, unless the bidder enters into a contract in accordance with the bidder's bid, and no bid shall be considered unless accompanied by such check, cash or bid bond. At the time and place named such bids shall be publicly opened and read and the board of commissioners shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications on file or to the best bidder submitting the bidder's own plans and specifications. ((However, no contract shall be let in excess of the cost of the materials or work.)) The board of commissioners may reject all bids for good cause and readvertise and in such case all checks, cash or bid bonds shall be returned to the bidders. If the contract is let, then all checks, cash, or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for doing the work, and a bond to perform such work furnished with sureties satisfactory to the board of commissioners in the full amount of the contract price between the bidder and the commission in accordance with the bid. If the bidder fails to enter into the contract in accordance with the bid and furnish the bond within ten days from the date at which the bidder is notified that the bidder is the successful bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited to the district. If the bidder fails to enter into a contract in accordance with the bidder's bid, and the board of commissioners deems it necessary to take legal action to collect on any bid bond required by this section, then the district shall be entitled to collect from the bidder any legal expenses, including reasonable attorneys' fees occasioned thereby. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.

             (2) Any purchase of materials, supplies, or equipment, with an estimated cost in excess of ten thousand dollars, shall be by contract. Any purchase of materials, supplies, or equipment, with an estimated cost ((of from five)) in excess of ten thousand dollars ((to)) but less than fifty thousand dollars shall be made using the process provided in RCW ((39.04.155)) 39.04.190 or by competitive bidding following the procedure for letting contracts for projects under subsection (1) of this section. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of this section.

             (3) In the event of an emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board of commissioners, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board or official acting for the board may waive the requirements of this chapter with reference to any purchase or contract. In addition, these requirements may be waived for purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.


             Sec. 11. RCW 57.08.081 and 1996 c 230 s 314 are each amended to read as follows:

             The commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service. Rates and charges may be combined for the furnishing of more than one type of sewer service or drainage service, such as but not limited to storm or surface water and sanitary sewer service.

             In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost of service to 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 furnished various customers; the quantity and quality of the service furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful 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. Rates shall be established as deemed proper by the commissioners and as fixed by resolution 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.

             The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.

             The district may, at any time after the connection charges or rates and charges for services supplied or available and penalties are delinquent for a period of ((sixty)) thirty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.

             In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of sixty days.


             Sec. 12. RCW 57.08.085 and 1996 c 230 s 315 are each amended to read as follows:

             Except as otherwise provided in RCW 90.03.525, any public entity and public property, including state of Washington property, shall be subject to rates and charges for ((storm water control)) drainage facilities to the same extent as private persons and private property are subject to such rates and charges that are imposed by districts pursuant to RCW 57.08.005 or 57.08.081. In setting those rates and charges, consideration may be given to in-kind services, such as stream improvements or donation of property.


             Sec. 13. RCW 57.08.110 and 1996 c 230 s 318 are each amended to read as follows:

             To improve the organization and operation of districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of water supply ((and)), sewage treatment and disposal, and drainage collection, treatment, and disposal in their respective districts. The commissioners of districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. District commissioners and employees are authorized to attend meetings of the association. The expenses of an association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association. However, the aggregate contributions made to an association by a district in any calendar year shall not exceed the amount that would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such an association shall be subject to audit by the state auditor.


             Sec. 14. RCW 57.08.180 and 1996 c 230 s 322 are each amended to read as follows:

             It is unlawful and a misdemeanor to make, or cause to be made, or to maintain any connection with any sewer, drainage, or water system of any district, or with any sewer, drainage, or water system which is connected directly or indirectly with any sewer, drainage, or water system of any district without having permission from the district.


             Sec. 15. RCW 57.16.060 and 1996 c 230 s 602 are each amended to read as follows:

             Local improvement districts or utility local improvement districts to carry out the whole or any portion of the general comprehensive plan of improvements or plan providing for additions and betterments to an original general comprehensive plan previously adopted may be initiated either by resolution of the board of commissioners or by petition signed by the owners according to the records of the office of the applicable county auditor of at least fifty-one percent of the area of the land within the limits of the improvement district to be created.

             In case the board of commissioners desires to initiate the formation of an improvement district by resolution, it first shall pass a resolution declaring its intention to order the improvement, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed improvement district, and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed improvement district, and fixing a date, time, and place for a public hearing on the formation of the proposed improvement district.

             In case any such improvement district is initiated by petition, the petition shall set forth the nature and territorial extent of the proposed improvement requested to be ordered and the fact that the signers thereof are the owners according to the records of the applicable county auditor of at least fifty-one percent of the area of land within the limits of the improvement district to be created. Upon the filing of such petition the board shall determine whether the petition is sufficient, and the board's determination thereof shall be conclusive upon all persons. No person may withdraw his or her name from the petition after it has been filed with the board of commissioners. If the board finds the petition to be sufficient, it shall proceed to adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the nature and territorial extent of the improvement, designating the number of the proposed improvement district and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed improvement district, and fixing a date, time, and place for a public hearing on the formation of the proposed improvement district.

             Notice of the adoption of the resolution of intention, whether the resolution was adopted on the initiative of the board or pursuant to a petition of the property owners, shall be published in at least two consecutive issues of a newspaper of general circulation in the proposed improvement district, the date of the first publication to be at least fifteen days prior to the date fixed by such resolution for hearing before the board of commissioners. Notice of the adoption of the resolution of intention shall also be given each owner or reputed owner of any lot, tract, parcel of land, or other property within the proposed improvement district by mailing the notice at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the county ((auditor)) treasurer of the county in which the real property is located at the address shown thereon. Whenever such notices are mailed, the commissioners shall maintain a list of the reputed property owners, which list shall be kept on file at a location within the district and shall be made available for public perusal. The notices shall refer to the resolution of intention and designate the proposed improvement district by number. The notices also shall set forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, and the date, time, and place of the hearing before the board of commissioners. In the case of improvements initiated by resolution, the notice also shall: (1) State that all persons desiring to object to the formation of the proposed district must file their written protests with the secretary of the board of commissioners no later than ten days after the public hearing; (2) state that if owners of at least forty percent of the area of land within the proposed improvement district file written protests with the secretary of the board, the power of the commissioners to proceed with the creation of the proposed improvement district shall be divested; (3) provide the name and address of the secretary of the board; and (4) state the hours and location within the district where the names of the property owners within the proposed improvement district are kept available for public perusal. In the case of the notice given each owner or reputed owner by mail, the notice shall set forth the estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract, parcel of land, or other property.


             Sec. 16. RCW 57.16.110 and 1996 c 230 s 610 are each amended to read as follows:

             Whenever any land against which there has been levied any special assessment by any district shall have been sold in part or ((subdivided)) divided, the board of commissioners of the district shall have the power to order a segregation of the assessment.

             Any person desiring to have a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the board of commissioners of the district that levied the assessment. If the commissioners determine that a segregation should be made, they shall by resolution order the treasurer of the county in which the real property is located to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract and the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. In addition to the charge the board of commissioners may require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and clerical costs incident to making the segregation.


             Sec. 17. RCW 57.20.120 and 1996 c 230 s 714 are each amended to read as follows:

             A district may contract indebtedness in excess of the amount named in RCW 57.20.110, but not exceeding in amount, together with existing indebtedness, two and one-half percent of the value of the taxable property in that district, as the term "value of the taxable property" is defined in RCW 39.36.015, and impose excess property tax levies to retire the indebtedness whenever ((three-fifths of the voters voting at the election in such district assent thereto, at which election the total number of persons voting on the proposition shall constitute not less than forty percent of the total number of votes cast in the district at the last preceding general election)) a ballot proposition authorizing the indebtedness and excess levies is approved as provided under Article VII, section 2, and Article VIII, section 6, of the state Constitution, at an election to be held in the district in the manner provided by this title and RCW 39.36.050.


             Sec. 18. RCW 57.20.140 and 1996 c 230 s 717 are each amended to read as follows:

             The treasurer ((designated under RCW 57.20.135)) shall create and maintain a separate fund designated as the maintenance fund or general fund of the district into which shall be paid all money received by the treasurer from the collection of taxes other than taxes levied for the payment of general obligation bonds of the district and all revenues of the district other than assessments levied in local improvement districts or utility local improvement districts, and no money shall be disbursed therefrom except upon warrants of the county auditor issued by authority of the commissioners or upon a resolution of the commissioners ordering a transfer to any other fund of the district. The treasurer also shall maintain such other special funds as may be prescribed by the district, into which shall be placed such money as the board of commissioners may by its resolution direct, and from which disbursements shall be made upon proper warrants of the county auditor issued against the same by authority of the board of commissioners.


             Sec. 19. RCW 57.24.040 and 1996 c 230 s 904 are each amended to read as follows:

             (1) The annexation election shall be held on the date designated in the notice and shall be conducted in accordance with the general election laws of the state. If the original petition for annexation is signed by qualified voters, then only qualified voters at the date of election residing in the territory proposed to be annexed, shall be permitted to vote at the election.

             (2) If the original petition for annexation is signed by property owners as provided for in this chapter, then no person shall be entitled to vote at that election unless at the time of the filing of the original petition he or she owned land in the district of record and in addition thereto at the date of election shall be a qualified voter of the county in which such district is located. It shall be the duty of the county auditor, upon request of the county legislative authority, to certify the names of all persons owning land in the district at the date of the filing of the original petition as shown by the records of the auditor's office; and at any such election the county auditor may require any such property owner offering to vote to take an oath that the property owner is a qualified voter of the county before the property owner shall be allowed to vote. However, at any election held under the provisions of this chapter an officer or agent of any corporation having its principal place of business in the county and owning land at the date of filing the original petition in the district duly authorized in writing may cast a vote on behalf of such corporation. When so voting the person shall file with the county auditor such a written instrument of that person's authority.

             (3) If the majority of the votes cast upon the question of such election shall be for annexation, then the territory concerned shall immediately be and become annexed to such district and the same shall then forthwith be a part of the district, the same as though originally included in that district.


             Sec. 20. RCW 57.24.050 and 1996 c 230 s 905 are each amended to read as follows:

             All elections held pursuant to this chapter, whether general or special, shall be conducted by the county ((election board)) auditor of the county in which the district is located. The expense of all such elections shall be paid for out of the funds of such district.


             Sec. 21. RCW 57.28.050 and 1996 c 230 s 1007 are each amended to read as follows:

             The petition for withdrawal shall be heard at the time and place specified in such notice or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at such hearing and make objections to the withdrawal of such territory or to the proposed boundary lines thereof. Upon final hearing on the petition for withdrawal, the board of commissioners of the district shall make such changes in the proposed boundary lines as it deems to be proper, except that no changes in the boundary lines shall be made by the board of commissioners to include lands not within the boundaries of the territory as described in such petition. In establishing and defining such boundaries the board of commissioners shall exclude any property which is then being furnished with water ((or)), sewer, or drainage service by the district or which is included in any distribution or collection system the construction of which is included within any duly established local improvement district or utility local improvement district, and the territory as finally established and defined must be substantial in area and consist of adjoining or contiguous properties. The board of commissioners shall thereupon make and by resolution adopt findings of fact as to the following questions:

             (1) Would the withdrawal of such territory be of benefit to such territory?

             (2) Would such withdrawal be conducive to the general welfare of the balance of the district?

             Such findings shall be entered in the records of the district, together with any recommendations the board of commissioners may by resolution adopt.


             Sec. 22. RCW 57.32.023 and 1996 c 230 s 1106 are each amended to read as follows:

             If at the election a majority of the voters in each of the consolidating districts vote in favor of the consolidation, the ((county canvassing board shall so declare in its canvass and the return of such election shall be made within ten days after the date thereof. Upon the return)) consolidation shall be authorized. The consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new district and municipal corporation of the state of Washington, upon the certification of the election results. The name of the new district shall be ". . . . . Water-Sewer District," ". . . . . Water District," ". . . . . Sewer District," or ". . . . . District No. . . . . .," which shall be the name appearing on the ballot. The district shall have all and every power, right, and privilege possessed by other water-sewer, sewer, or water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the comprehensive plan of water supply, sewer, and drainage services contained in the agreement for consolidation and any future additions and betterments to the comprehensive plan of water supply, sewer, and drainage services, as its board of district commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.


             Sec. 23. RCW 57.36.040 and 1996 c 230 s 1205 are each amended to read as follows:

             If at such election a majority of the voters of the merging district or districts shall vote in favor of the merger, the ((county canvassing board shall so declare in its canvass and the return of such election shall be made within ten days after the date thereof, and upon such return)) merger shall be authorized. The merger shall be effective and the merging district or districts shall cease to exist and shall become a part of the merger district, upon the certification of the election results. The commissioners of the merging district or districts shall hold office as commissioners of the new merged district until their respective terms of office expire or until they resign from office if the resignation is before the expiration of their terms of office. The election of commissioners in the merger district after the merger shall occur as provided in RCW 57.32.130 in a consolidated district after the consolidation.


             Sec. 24. RCW 57.90.010 and 1996 c 230 s 1502 are each amended to read as follows:

             Water-sewer, ((sewer, water,)) park and recreation, metropolitan park, county rural library, cemetery, flood control, mosquito control, diking and drainage, irrigation or reclamation, weed, health, or fire protection districts, and any air pollution control authority, hereinafter referred to as "special districts," which are located wholly or in part within a county with a population of two hundred ten thousand or more may be disincorporated when the district has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period.


             Sec. 25. RCW 27.12.470 and 1994 c 198 s 2 are each amended to read as follows:

             A rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this section if a rural county library district, intercounty rural library district, or island library district has not been created in the county.

             The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed by at least ten percent of the registered voters residing in the area proposed to be included in the rural partial-county library district. The county auditor shall review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority.

             If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing on the proposed rural partial-county library district, may adjust the boundaries of the proposed district, and may cause a ballot proposition to be submitted to the voters of the proposed rural partial-county library district authorizing its creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county library district by action of the county legislative authority.

             The rural partial-county library district shall be created if the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters voting on the proposition. Immediately after creation of the rural partial-county library district the county legislative authority shall appoint a board of library trustees for the district as provided under RCW 27.12.190.

             Except as provided in this section, a rural partial-county library district is subject to all the provisions of law applicable to a rural county library district and shall have all the powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose property taxes, incur debt, and annex a city or town with a population of less than one hundred thousand at the time of the annexation that is located in the same county as the rural partial-county library district.

             Adjacent unincorporated territory in the county may be annexed to a rural partial-county library district in the same manner as territory is annexed to a water-sewer district, except that an annexation is not subject to potential review by a boundary review board.

             If, at the time of creation, a rural partial-county library district has an assessed valuation of less than fifty million dollars, it may provide library services only by contracting for the services through an interlocal agreement with an adjacent library district, or an adjacent city or town that maintains its own library. If the assessed valuation of the rural partial-county library district subsequently reaches fifty million dollars as a result of annexation or appreciation, the fifty million dollar limitation shall not apply.

             If a ballot proposition is approved creating a rural county library district in the county, every rural partial-county library district in that county shall be dissolved and its assets and liabilities transferred to the rural county library district. Where a rural partial-county library district has annexed a city or town, the voters of the city or town shall be allowed to vote on the proposed creation of a rural county library district and, if created, the rural county library district shall include each city and town that was annexed to the rural partial-county library district.

             Nothing in this section authorizes the consolidation of a rural partial-county library district with any rural county library district; island library district; city, county, or regional library; intercounty library district; or other rural partial-county library district, unless, in addition to any other requirements imposed by statute, the boards of all library districts involved approve the consolidation.


             Sec. 26. RCW 32.20.070 and 1955 c 13 s 32.20.070 are each amended to read as follows:

             A mutual savings bank may invest its funds in the valid warrants or bonds of any county, city, town, school district, port district, water-sewer district, or other municipal corporation in the state of Washington issued pursuant to law and for the payment of which the faith and credit of such county, municipality, or district is pledged and taxes are leviable upon all taxable property within its limits.

             A mutual savings bank may invest its funds in the water revenue, sewer revenue, or electric revenue bonds of any city or public utility district of this state for the payment of which the entire revenue of the city's or district's water system, sewer system, or electric system, less maintenance and operating costs, is irrevocably pledged.


             Sec. 27. RCW 32.20.110 and 1955 c 13 s 32.20.110 are each amended to read as follows:

             A mutual savings bank may invest its funds in the bonds of any port district, ((water district,)) sanitary district, water-sewer district, tunnel district, bridge district, flood control district, park district, or highway district in the United States which has a population as shown by the last decennial federal census of not less than one hundred fifty thousand inhabitants, and has taxable real property with an assessed valuation in excess of two hundred million dollars and has power to levy taxes on the taxable real property therein for the payment of the bonds without limitation of rate or amount.


             Sec. 28. RCW 35.13A.010 and 1971 ex.s. c 95 s 1 are each amended to read as follows:

             Whenever used in this chapter, the following words shall have the following meanings:

             (1) The word "district" shall mean a water-sewer district ((or sewer district as indicated by the context of the section in which used)).

             (2) The word "city" shall mean a city or town of any class and shall also include any code city as defined in chapter 35A.01 RCW.

             (3) The words "included with" shall mean the inclusion of all or part of the territory of a district, as indicated by the context, within the corporate limits of a city either by incorporation of a city, annexation to a city, consolidation of cities or any combination thereof.

             (4) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary, emergency, and interim loans.


             Sec. 29. RCW 35.13A.020 and 1971 ex.s. c 95 s 2 are each amended to read as follows:

             Whenever all of the territory of a ((water district or sewer)) district is included within the corporate boundaries of a city, and the city legislative body has elected by resolution or ordinance to assume jurisdiction thereof, all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water and sewer lines, and all other facilities and equipment of the district shall become the property of such city subject to all financial, statutory, or contractual obligations of the district for the security or performance of which such property may have been pledged. Such city, in addition to its other powers, shall have the power to manage, control, maintain and operate such property, facilities and equipment and to fix and collect service and other charges from owners and occupants of properties so served by the city, subject, however, to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments or revenues of any kind or nature and to any other contractual obligations of the district.

             Such city may by resolution of its legislative body, assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected such district taxes, assessments and utility rates and charges of any kind or nature to pay and secure the payment of such indebtedness, according to all of the terms, conditions and covenants incident to such indebtedness, and shall assume and perform all other outstanding contractual obligation of the district in accordance with all of its terms, conditions and covenants. No such assumption shall be deemed to impair the obligation of any indebtedness or other contractual obligation entered into after August 9, 1971. During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of such indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof. The city shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments and charges and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from such property or owners or occupants thereof, enforcing such collection and performing all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.

             When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for such purpose but have not been collected by the district prior to such election, the same when collected shall belong and be paid to the city and be used by such city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date such city elects to assume the indebtedness. Any funds received by the city which have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the bond covenants. All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the utility and shall not be transferred to or used for the benefit of the city's general fund.


             Sec. 30. RCW 35.13A.030 and 1971 ex.s. c 95 s 3 are each amended to read as follows:

             Whenever a portion of a ((water district or sewer)) district equal to at least sixty percent of the area or sixty percent of the assessed valuation of the real property lying within such district, is included within the corporate boundaries of a city, the city may either:

             (1) Assume by ordinance the full and complete management and control of that portion of the entire district that is contiguous to the city and not included within another city, ((whereupon)) if the district voters of such an area approve a ballot proposition authorizing the assumption requested by the city, submitted to these voters by the board of commissioners of the district. The provisions of RCW 35.13A.020 shall be operative if the city proceeds under this subsection, and any rates that are charged for service outside of the city shall be reasonable to all parties; or

             (2) The city may proceed directly under the provisions of RCW 35.13A.050.

             The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.


             Sec. 31. RCW 35.13A.040 and 1971 ex.s. c 95 s 4 are each amended to read as follows:

             Whenever the portion of a ((water or sewer)) district included within the corporate boundaries of a city is less than sixty percent of the area of the district and less than sixty percent of the assessed valuation of the real property within the district, the city may elect to proceed under the provisions of RCW 35.13A.050.


             Sec. 32. RCW 35.13A.050 and 1971 ex.s. c 95 s 5 are each amended to read as follows:

             When electing under RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume, by ordinance, jurisdiction of the district's responsibilities, property, facilities and equipment within the corporate limits of the city((: PROVIDED, That)).

             If on the effective date of such an ordinance the territory of the district included within the city contains any facilities serving or designed to serve any portion of the district outside the corporate limits of the city or if the territory lying within the district and outside the city contains any facilities serving or designed to serve territory included within the city (which facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful life of any such serving facilities make available sufficient capacity therein to serve the sewage, drainage, or water requirements of such territory, to the extent that such facilities were designed to serve such territory at a rate charged to the municipality being served which is reasonable to all parties.

             In the event a city proceeds under this section, the ((district may elect upon a favorable vote of a majority of all voters within the district voting upon such propositions to require the)) city shall be required to assume responsibility for ((the operation and maintenance of)) operating and maintaining the district's property, facilities, and equipment throughout that portion of the entire district that is contiguous to the city but not included in any other city, and ((to)) the district shall pay the city a charge for such operation and maintenance which is reasonable under all of the circumstances, if the voters of the district who reside in such an area approve a ballot proposition providing for this transfer of responsibility, submitted to the voters by the board of commissioners of the district.

             A city acquiring property, facilities and equipment under the provisions of this section shall acquire such property, facilities and equipment, and fix and collect service and other charges from owners and occupants of properties served by the city, subject, to any contractual obligations of the district which relate to the property, facilities, or equipment so acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included within the city. In such cases, the property included within the city and the owners and occupants thereof shall continue to be liable for payment of its and their proportionate share of any outstanding district indebtedness. The district and its officers shall continue to levy taxes and assessments on and to collect service and other charges from such property, or owners or occupants thereof, to enforce such collections, and to perform all other acts necessary to insure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.

             The city or district may petition to dissolve the district under the provisions of RCW 35.13A.080.


             Sec. 33. RCW 35.13A.060 and 1971 ex.s. c 95 s 6 are each amended to read as follows:

             Whenever more than one city, in whole or in part, is included within a ((water district or sewer)) district, the city which has within its boundaries sixty percent or more of the area of the assessed valuation of the district (in this section referred to as the "principal city") may, with the approval of any other city containing part of such district, assume responsibility for operation and maintenance of the district's property, facilities and equipment within such other city and make and enforce such charges for operation, maintenance and retirement of indebtedness as may be reasonable under all the circumstances.

             Any other city having less than sixty percent in area or assessed valuation of such district, within its boundaries may install facilities and create local improvement districts or otherwise finance the cost of installation of such facilities and if such facilities have been installed in accordance with reasonable standards fixed by the principal city, such other city may connect such facilities to the utility system of such district operated by the principal city upon providing for payment by the owners or occupants of properties served thereby, of such charges established by the principal city as may be reasonable under the circumstances.


             Sec. 34. RCW 35.13A.090 and 1971 ex.s. c 95 s 9 are each amended to read as follows:

             Whenever a city acquires all of the facilities of a ((water district or sewer)) district, pursuant to this chapter, such a city shall offer to employ every full time employee of the district who is engaged in the operation of such a district's facilities on the date on which such city acquires the district facilities. When a city acquires any portion of the facilities of such a district, such a city shall offer to employ full time employees of the district as of the date of the acquisition of the facilities of the district who are not longer needed by the district.

             Whenever a city employs a person who was employed immediately prior thereto by the district, arrangements shall be made:

             (1) ((For the retention of service credits under the pension plan of the district pursuant to RCW 41.04.070 through 41.04.110.

             (2))) For the retention of all sick leave standing to the employee's credit in the plan of such district.

             (((3))) (2) For a vacation with pay during the first year of employment equivalent to that to which he would have been entitled if he had remained in the employment of the district.


             NEW SECTION. Sec. 35. A new section is added to chapter 35.51 RCW to read as follows:

             Assessments for local improvements in a local improvement district created by a municipality may be pledged and applied when collected to the payment of its obligations under a loan agreement entered into pursuant to chapter 39.69 RCW to pay costs of improvements in such a local improvement district.


             NEW SECTION. Sec. 36. A new section is added to chapter 35.51 RCW to read as follows:

             The authority granted by section 35 of this act is supplemental and in addition to the authority granted by Title 35 RCW and to any other authority granted to cities, towns, or municipal corporations to levy, pledge, and apply special assessments.


             Sec. 37. RCW 35.58.210 and 1974 ex.s. c 70 s 7 are each amended to read as follows:

             If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water pollution abatement, the metropolitan council shall, prior to the effective date of the assumption of such function, cause a metropolitan water pollution abatement advisory committee to be formed by notifying the legislative body of each component city and county which operates a sewer system to appoint one person to serve on such advisory committee and the board of commissioners of each water-sewer district ((and water district)) which operates a sewer system, any portion of which lies within the metropolitan area, to appoint one person to serve on such committee who shall be a commissioner of such a water-sewer ((or water)) district. The metropolitan water pollution abatement advisory committee shall meet at the time and place provided in the notice and elect a chairman. The members of such committee shall serve at the pleasure of the appointing bodies and shall receive no compensation other than reimbursement for expenses actually incurred in the performance of their duties. The function of such advisory committee shall be to advise the metropolitan council in matters relating to the performance of the water pollution (([abatement])) abatement function.


             Sec. 38. RCW 35.58.220 and 1965 c 7 s 35.58.220 are each amended to read as follows:

             If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, it shall have the following powers in addition to the general powers granted by this chapter:

             (1) To prepare a comprehensive plan for the development of sources of water supply, trunk supply mains and water treatment and storage facilities for the metropolitan area.

             (2) To acquire by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for water supply within or without the metropolitan area, including buildings, structures, water sheds, wells, springs, dams, settling basins, intakes, treatment plants, trunk supply mains and pumping stations, together with all lands, property, equipment and accessories necessary to enable the metropolitan municipal corporation to obtain and develop sources of water supply, treat and store water and deliver water through trunk supply mains. Water supply facilities which are owned by a city or special district may be acquired or used by the metropolitan municipal corporation only with the consent of the legislative body of the city or special district owning such facilities. Cities and special districts are hereby authorized to convey or lease such facilities to metropolitan municipal corporations or to contract for their joint use on such terms as may be fixed by agreement between the legislative body of such city or special district and the metropolitan council, without submitting the matter to the voters of such city or special district.

             (3) To fix rates and charges for water supplied by the metropolitan municipal corporation.

             (4) To acquire by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of facilities for the local distribution of water in portions of the metropolitan area not contained within any city, or water-sewer district that operates a water system, and, with the consent of the legislative body of any city or the water-sewer district, to exercise such powers within such city or water-sewer district and for such purpose to have all the powers conferred by law upon such city or water-sewer district with respect to such local distribution facilities. All costs of such local distribution facilities shall be paid for by the area served thereby.


             Sec. 39. RCW 35.58.230 and 1993 c 240 s 5 are each amended to read as follows:

             If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, the metropolitan council shall, prior to the effective date of the assumption of such function, cause a metropolitan water advisory committee to be formed by notifying the legislative body of each component city which operates a water system to appoint one person to serve on such advisory committee and the board of commissioners of each water-sewer district that operates a water system, any portion of which lies within the metropolitan area, to appoint one person to serve on such committee who shall be a water-sewer district commissioner. The metropolitan water advisory committee shall meet at the time and place provided in the notice and elect a chairman. The members of such committee shall serve at the pleasure of the appointing bodies and shall receive no compensation other than reimbursement for expenses actually incurred in the performance of their duties. The function of such advisory committee shall be to advise the metropolitan council with respect to matters relating to the performance of the water supply function.

             The requirement to create a metropolitan water advisory committee shall not apply to a county that has assumed the rights, powers, functions, and obligations of the metropolitan municipal corporation under chapter 36.56 RCW.


             Sec. 40. RCW 35.58.410 and 1993 c 240 s 11 are each amended to read as follows:

             (1) On or before the third Monday in June of each year, each metropolitan municipal corporation shall adopt a budget for the following calendar year. Such budget shall include a separate section for each authorized metropolitan function. Expenditures shall be segregated as to operation and maintenance expenses and capital and betterment outlays. Administrative and other expense general to the corporation shall be allocated between the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. The metropolitan council shall not be required to confine capital or betterment expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan council shall be required to authorize emergency expenditures.

             (2) Subsection (1) of this section shall not apply to a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW. This subsection (2) shall apply only to each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW.

             Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year, including any surplus funds remaining unexpended from the preceding year for each authorized metropolitan function.

             By June 30 of each year, the county shall adopt the rate for sewage disposal that will be charged to component cities and water-sewer districts during the following budget year.

             As long as any general obligation indebtedness remains outstanding that was issued by the metropolitan municipal corporation prior to the assumption by the county, the county shall continue to impose the taxes authorized by RCW 82.14.045 and 35.58.273(5) at the maximum rates and on all of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made on or before the third Monday in June shows that estimated revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan municipal corporation prior to the assumption by the county of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from component cities and component counties as provided under RCW 35.58.420.

             The county shall prepare and adopt a budget each year in accordance with applicable general law or county charter. If supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW 82.14.045 and 35.58.273(5) exceed the estimates upon which the supplemental income was based, the difference shall be refunded to the component cities and component counties in proportion to their payments promptly after the end of the budget year. A county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be required to confine capital or betterment expenditures for authorized metropolitan functions from bond proceeds or emergency expenditures to items provided in the budget.


             Sec. 41. RCW 35.67.300 and 1965 c 7 s 35.67.300 are each amended to read as follows:

             Any city, town, or organized and established water-sewer district owning or operating its own sewer system, whenever topographic conditions shall make it feasible and whenever such existing sewer system shall be adequate therefor in view of the sewerage and drainage requirements of the property in such city, town, or water-sewer district, served or to be served by such system, may contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer system of sewage from all or any part or parts of such other city, town, or water-sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable.

             Any city, town, or organized and established water-sewer district may contract with any other city, town, or organized and established water-sewer district for the construction and/or operation of any sewer or sewage disposal facilities for the joint use and benefit of the contracting parties upon such terms and conditions and for such period of time as the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility for the management of the construction and/or maintenance and operation of any sewer disposal facilities or part thereof covered by such contract shall be vested solely in one of the contracting parties, with the other party or parties thereto paying to the managing party such portion of the expenses thereof as shall be agreed upon.


             Sec. 42. RCW 35.91.020 and 1981 c 313 s 11 are each amended to read as follows:

             The governing body of any city, town, county, water-sewer district, ((water district,)) or drainage district, hereinafter referred to as a "municipality" may contract with owners of real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within their boundaries or (except for counties) within ten miles from their corporate limits connecting with the public water or sewerage system to serve the area in which the real estate of such owners is located, and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said water or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law. To the extent it may require in the performance of such contract, such municipality may install said water or sewer facilities in and along the county streets in the area to be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such streets as the county may by resolution provide. The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor of the county in which the real estate of such owner is located prior to the time such owner taps into or connects to said water or sewer facilities. ((The power of the governing body of such municipality to so contract also applies to water or sewer facilities in process of construction on June 10, 1959, or which have not been finally approved or accepted for full maintenance and operation by such municipality upon June 10, 1959.))


             Sec. 43. RCW 35.92.012 and 1965 c 7 s 35.92.012 are each amended to read as follows:

             A city or town, whose boundaries are identical with those of a water-sewer district, or within which a water-sewer district is entirely located, which is free from all debts and liabilities except contractual obligations between the district and the town, may accept the property and assets of the ((water)) district and operate such property and assets as a municipal waterworks, if the district and the city or town each participate in a summary dissolution proceedings for the district as provided in RCW 57.04.110.


             Sec. 44. RCW 35.92.170 and 1965 c 7 s 35.92.170 are each amended to read as follows:

             When a city or town owns or operates a municipal waterworks system and desires to extend such utility beyond its corporate limits it may acquire, construct and maintain any addition to or extension of the system, and dispose of and distribute water to any other municipality, water-sewer district, community, or person desiring to purchase it.


             Sec. 45. RCW 35.97.010 and 1987 c 522 s 4 are each amended to read as follows:

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

             (1) "Biomass energy system" means a system that provides for the production or collection of organic materials such as wood and agricultural residues and municipal solid waste that are primarily organic materials and the conversion or use of that material for the production of heat or substitute fuels through several processes including, but not limited to, burning, pyrolysis, or anaerobic digestion.

             (2) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source.

             (3) "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.

             (4) "Geothermal heat" means the natural thermal energy of the earth.

             (5) "Waste heat" means the thermal energy which otherwise would be released to the environment from an industrial process, electric generation, or other process.

             (6) "Heat" means thermal energy.

             (7) "Heat source" includes but is not limited to (a) any integral part of a heat production or heat rejection system of an industrial facility, cogeneration facility, or electric power generation facility, (b) geothermal well or spring, (c) biomass energy system, (d) solar collection facility, and (e) hydrothermal resource or heat extraction process.

             (8) "Municipality" means a county, city, town, irrigation district which distributes electricity, water-sewer district, ((water district,)) port district, or metropolitan municipal corporation.

             (9) "Heating facilities or heating systems" means all real and personal property, or interests therein, necessary or useful for: (a) The acquisition, production, or extraction of heat; (b) the storage of heat; (c) the distribution of heat from its source to the place of utilization; (d) the extraction of heat at the place of utilization from the medium by which the heat is distributed; (e) the distribution of heat at the place of utilization; and (f) the conservation of heat.

             (10) "Hydrothermal resource" means the thermal energy available in wastewater, sewage effluent, wells, or other water sources, natural or manmade.


             Sec. 46. RCW 35.97.050 and 1996 c 230 s 1603 are each amended to read as follows:

             If the legislative authority of a municipality deems it advisable that the municipality purchase, acquire, or construct a heating system, or make any additions or extensions to a heating system, the legislative authority shall so provide by an ordinance or a resolution specifying and adopting the system or plan proposed, declaring the estimated cost thereof, as near as may be, and specifying the method of financing and source of funds. Any construction, alteration, or improvement of a heating system by any ((county, city, town, irrigation district, water-sewer district, or port district)) municipality shall be in compliance with the appropriate competitive bidding requirements in Titles 35, 36, 53, 57, or 87 RCW.


             Sec. 47. RCW 36.16.138 and 1975 c 16 s 1 are each amended to read as follows:

             Any board of commissioners, council, or board of directors or other governing board of any county, city, town, school district, port district, public utility district, water-sewer district, ((water district,)) irrigation district, or other municipal corporation or political subdivision is authorized to purchase insurance to protect and hold personally harmless any of its commissioners, council members, directors, or other governing board members, and any of its other officers, employees, and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with, such institutions and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance for any of the foregoing individuals and the policy limits shall be discretionary with the municipal corporation or political subdivision, and such insurance shall not be considered to be compensation for these individuals.

             The provisions of this section are cumulative and in addition to any other provision of law authorizing any municipal corporation or political subdivision to purchase liability insurance.


             Sec. 48. RCW 36.93.020 and 1979 ex.s. c 30 s 5 are each amended to read as follows:

             As used herein:

             (1) "Governmental unit" means any incorporated city or town, metropolitan municipal corporation, or any special purpose district as defined in this section.

             (2) "Special purpose district" means any water-sewer district, ((water district,)) fire protection district, drainage improvement district, drainage and diking improvement district, flood control zone district, irrigation district, metropolitan park district, drainage district, or public utility district engaged in water distribution.

             (3) "Board" means a boundary review board created by or pursuant to this chapter.


             Sec. 49. RCW 36.93.093 and 1971 ex.s. c 127 s 2 are each amended to read as follows:

             Whenever a ((sewer or)) water-sewer district files with the board a notice of intention as required by RCW 36.93.090, the board shall send a copy of such notice of intention to the legislative authority of the county wherein such action is proposed to be taken and one copy to the state department of ecology.


             Sec. 50. RCW 36.93.105 and 1989 c 84 s 4 are each amended to read as follows:

             The following actions shall not be subject to potential review by a boundary review board:

             (1) Annexations of territory to a water ((or))- sewer district pursuant to RCW 36.94.410 through 36.94.440;

             (2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;

             (3) Adjustments to city or town boundaries pursuant to RCW 35.13.340; and

             (4) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330.


             Sec. 51. RCW 36.93.185 and 1989 c 308 s 13 are each amended to read as follows:

             The proposal by a ((water district or)) water-sewer district to annex territory that is not adjacent to the district shall not be deemed to be violative of the objectives of a boundary review board solely due to the fact that the territory is not adjacent to the ((water district or)) water-sewer district. The proposed consolidation or merger of two or more ((water districts or two or more)) water-sewer districts that are not adjacent to each other shall not be deemed to be violative of the objectives of a boundary review board solely due to the fact that the districts are not adjacent.


             Sec. 52. RCW 36.94.220 and 1981 c 313 s 3 are each amended to read as follows:

             (1) A county shall have the power to establish utility local improvement districts and local improvement districts within the area of a sewerage and/or water general plan and to levy special assessments under a mode of annual installments extending over a period not exceeding twenty years on all property specially benefited by any local improvement on the basis of the special benefits to pay in whole or in part the damages or costs of any improvements ordered in such county.

             (2) Utility local improvement districts and local improvement districts may include territory within a city or town only with the written consent of the city or town, but if the local district is formed before such area is included within the city or town, no such consent shall be necessary. Utility local improvement districts and local improvement districts used to provide sewerage disposal systems may include territory within a ((sewer district or within a)) water-sewer district providing sewerage disposal systems only with the written consent of ((the sewer district or)) such a water-sewer district, but if the local district is formed before such area is included within ((the sewer district or)) such a water-sewer district, no consent is necessary. Utility local improvement districts and local improvement districts used to provide water systems may include territory within ((a water district or within)) a water-sewer district providing water systems only with the written consent of ((the water district or)) such a water-sewer district, but if the local district is formed before such area is included within ((the water district or)) such a water-sewer district, no consent is necessary.

             (3) The levying, collection, and enforcement of all public assessments hereby authorized shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as the same shall not be inconsistent with the provisions of this chapter. In addition, the county shall file the preliminary assessment roll at the time and in the manner prescribed in RCW 35.50.005. The duties devolving upon the city or town treasurer under such laws are imposed upon the county treasurer for the purposes of this chapter. The mode of assessment shall be in the manner to be determined by the county legislative authority by ordinance or resolution. As an alternative to equal annual assessment installments of principal provided for cities and towns, a county legislative authority may provide for the payment of such assessments in equal annual installments of principal and interest. Assessments in any local district may be made on the basis of special benefits up to but not in excess of the total cost of any sewerage and/or water improvement made with respect to that local district and the share of any general sewerage and/or water facilities allocable to that district. In utility local improvement districts, assessments shall be deposited into the revenue bond fund or general obligation bond fund established for the payment of bonds issued to pay such costs which bond payments are secured in part by the pledge of assessments, except pending the issuance and sale of such bonds, assessments may be deposited in a fund for the payment of such costs. In local improvement districts, assessments shall be deposited into a fund for the payment of such costs and local improvement bonds issued to finance the same or into the local improvement guaranty fund as provided by applicable statute.


             Sec. 53. RCW 36.94.430 and 1984 c 147 s 3 are each amended to read as follows:

             The provisions of RCW 36.94.410 and 36.94.420 provide an alternative method of accomplishing the transfer permitted by those sections and do not impose additional conditions upon the exercise of powers vested in water ((and))- sewer districts and counties.


             Sec. 54. RCW 36.96.010 and 1979 ex.s. c 5 s 1 are each amended to read as follows:

             As used in this chapter, unless the context requires otherwise:

             (1) "Special purpose district" means every municipal and quasi-municipal corporation other than counties, cities, and towns. Such special purpose districts shall include, but are not limited to, water-sewer districts, fire protection districts, port districts, public utility districts, county park and recreation service areas, flood control zone districts, diking districts, drainage improvement districts, and solid waste collection districts, but shall not include industrial development districts created by port districts, and shall not include local improvement districts, utility local improvement districts, and road improvement districts;

             (2) "Governing authority" means the commission, council, or other body which directs the affairs of a special purpose district;

             (3) "Inactive" means that a special purpose district, other than a public utility district, is characterized by either of the following criteria:

             (a) Has not carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period; or

             (b) No election has been held for the purpose of electing a member of the governing body within the preceding consecutive seven-year period or, in those instances where members of the governing body are appointed and not elected, where no member of the governing body has been appointed within the preceding seven-year period.

A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection.


             Sec. 55. RCW 36.94.410 and 1984 c 147 s 1 are each amended to read as follows:

             A system of sewerage, system of water or combined water and sewerage systems operated by a county under the authority of this chapter may be transferred from that county to a water ((or))- sewer district in the same manner as is provided for the transfer of those functions from a water ((or))- sewer district to a county in RCW 36.94.310 through 36.94.340.


             Sec. 56. RCW 36.94.420 and 1996 c 230 s 1609 are each amended to read as follows:

             If so provided in the transfer agreement, the area served by the system shall, upon completion of the transfer, be deemed annexed to and become a part of the water-sewer district acquiring the system. The county shall provide notice of the hearing by the county legislative authority on the ordinance executing the transfer agreement under RCW 36.94.330 as follows: (1) By mailed notice to all ratepayers served by the system at least fifteen days prior to the hearing; and (2) by notice in a newspaper of general circulation once at least fifteen days prior to the hearing.

             In the event of an annexation under this section resulting from the transfer of a system of sewerage, a system of water, or combined water and sewer systems from a county to a water-sewer district ((governed by Title 57 RCW)), the water-sewer district shall ((have all the powers of a water-sewer district provided by chapter 57.36 RCW, as if a water-sewer district had been merged into a water-sewer district)) operate the system or systems under the provisions of Title 57 RCW.


             Sec. 57. RCW 39.69.010 and 1987 c 19 s 1 are each amended to read as follows:

             As used in this chapter, "municipal corporation" includes counties, cities, towns, port districts, ((sewer districts,)) water-sewer districts, school districts, metropolitan park districts, or such other units of local government which are authorized to issue obligations.


             Sec. 58. RCW 39.80.020 and 1981 c 61 s 2 are each amended to read as follows:

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

             (1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority of the state government.

             (2) "Local agency" means any city and any town, county, special district, municipal corporation, agency, port district or authority, or political subdivision of any type, or any other entity or authority of local government in corporate form or otherwise.

             (3) "Special district" means a local unit of government, other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, and including but not limited to, water-sewer districts, irrigation districts, fire districts, school districts, community college districts, hospital districts, ((sewer districts,)) transportation districts, and metropolitan municipal corporations organized under chapter 35.58 RCW.

             (4) "Agency" means both state and local agencies and special districts as defined in subsection(([s]))s (1), (2), and (3) of this section.

             (5) "Architectural and engineering services" or "professional services" means professional services rendered by any person, other than as an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or 18.96 RCW.

             (6) "Person" means any individual, organization, group, association, partnership, firm, joint venture, corporation, or any combination thereof.

             (7) "Consultant" means any person providing professional services who is not an employee of the agency for which the services are provided.

             (8) "Application" means a completed statement of qualifications together with a request to be considered for the award of one or more contracts for professional services.


             Sec. 59. RCW 39.50.010 and 1985 c 332 s 8 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) "Governing body" means the legislative authority of a municipal corporation by whatever name designated;

             (2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish;

             (3) "Municipal corporation" means any city, town, county, ((water district,)) water-sewer district, school district, port district, public utility district, metropolitan municipal corporation, public transportation benefit area, park and recreation district, irrigation district, or fire protection district or any other municipal or quasi- municipal corporation described as such by statute, except joint operating agencies under chapter 43.52 RCW;

             (4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and

             (5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness, except bonds.


             Sec. 60. RCW 43.20.240 and 1990 c 132 s 3 are each amended to read as follows:

             (1) The department shall have primary responsibility among state agencies to receive complaints from persons aggrieved by the failure of a public water system. If the remedy to the complaint is not within the jurisdiction of the department, the department shall refer the complaint to the state or local agency that has the appropriate jurisdiction. The department shall take such steps as are necessary to inform other state agencies of their primary responsibility for such complaints and the implementing procedures.

             (2) Each county shall designate a contact person to the department for the purpose of receiving and following up on complaint referrals that are within county jurisdiction. In the absence of any such designation, the county health officer shall be responsible for performing this function.

             (3) The department and each county shall establish procedures for providing a reasonable response to complaints received from persons aggrieved by the failure of a public water system.

             (4) The department and each county shall use all reasonable efforts to assist customers of public water systems in obtaining a dependable supply of water at all times. The availability of resources and the public health significance of the complaint shall be considered when determining what constitutes a reasonable effort.

             (5) The department shall, in consultation with local governments, water utilities, water-sewer districts, public utility districts, and other interested parties, develop a booklet or other single document that will provide to members of the public the following information:

             (a) A summary of state law regarding the obligations of public water systems in providing drinking water supplies to their customers;

             (b) A summary of the activities, including planning, rate setting, and compliance, that are to be performed by both local and state agencies;

             (c) The rights of customers of public water systems, including identification of agencies or offices to which they may address the most common complaints regarding the failures or inadequacies of public water systems.

             This booklet or document shall be available to members of the public no later than January 1, 1991.


             Sec. 61. RCW 43.70.195 and 1994 c 292 s 3 are each amended to read as follows:

             (1) In any action brought by the secretary of health or by a local health officer pursuant to chapter 7.60 RCW to place a public water system in receivership, the petition shall include the names of one or more suitable candidates for receiver who have consented to assume operation of the water system. The department shall maintain a list of interested and qualified individuals, municipal entities, special purpose districts, and investor-owned water companies with experience in the provision of water service and a history of satisfactory operation of a water system. If there is no other person willing and able to be named as receiver, the court shall appoint the county in which the water system is located as receiver. The county may designate a county agency to operate the system, or it may contract with another individual or public water system to provide management for the system. If the county is appointed as receiver, the secretary of health and the county health officer shall provide regulatory oversight for the agency or other person responsible for managing the water system.

             (2) In any petition for receivership under subsection (1) of this section, the department shall recommend that the court grant to the receiver full authority to act in the best interests of the customers served by the public water system. The receiver shall assess the capability, in conjunction with the department and local government, for the system to operate in compliance with health and safety standards, and shall report to the court and the petitioning agency its recommendations for the system's future operation, including the formation of a water-sewer district or other public entity, or ownership by another existing water system capable of providing service.

             (3) If a petition for receivership and verifying affidavit executed by an appropriate departmental official allege an immediate and serious danger to residents constituting an emergency, the court shall set the matter for hearing within three days and may appoint a temporary receiver ex parte upon the strength of such petition and affidavit pending a full evidentiary hearing, which shall be held within fourteen days after receipt of the petition.

             (4) A bond, if any is imposed upon a receiver, shall be minimal and shall reasonably relate to the level of operating revenue generated by the system. Any receiver appointed pursuant to this section shall not be held personally liable for any good faith, reasonable effort to assume possession of, and to operate, the system in compliance with the court's orders.

             (5) The court shall authorize the receiver to impose reasonable assessments on a water system's customers to recover expenditures for improvements necessary for the public health and safety.

             (6) No later than twelve months after appointment of a receiver, the petitioning agency, in conjunction with the county in which the system is located, and the appropriate state and local health agencies, shall develop and present to the court a plan for the disposition of the system. The report shall include the recommendations of the receiver made pursuant to subsection (2) of this section. The report shall include all reasonable and feasible alternatives. After receiving the report, the court shall provide notice to interested parties and conduct such hearings as are necessary. The court shall then order the parties to implement one of the alternatives, or any combination thereof, for the disposition of the system. Such order shall include a date, or proposed date, for the termination of the receivership. Nothing in this section authorizes a court to require a city, town, public utility district, water-sewer district, or irrigation district to accept a system that has been in receivership unless the city, town, public utility district, water-sewer district, or irrigation district agrees to the terms and conditions outlined in the plan adopted by the court.

             (7) The court shall not terminate the receivership, and order the return of the system to the owners, unless the department of health approves of such an action. The court may impose reasonable conditions upon the return of the system to the owner, including the posting of a bond or other security, routine performance and financial audits, employment of qualified operators and other staff or contracted services, compliance with financial viability requirements, or other measures sufficient to ensure the ongoing proper operation of the system.

             (8) If, as part of the ultimate disposition of the system, an eminent domain action is commenced by a public entity to acquire the system, the court shall oversee any appraisal of the system conducted under Title 7 RCW to assure that the appraised value properly reflects any reduced value because of the necessity to make improvements to the system. The court shall have the authority to approve the appraisal, and to modify it based on any information provided at an evidentiary hearing. The court's determination of the proper value of the system, based on the appraisal, shall be final, and only appealable if not supported by substantial evidence. If the appraised value is appealed, the court may order that the system's ownership be transferred upon payment of the approved appraised value.


             Sec. 62. RCW 43.155.030 and 1985 c 446 s 9 are each amended to read as follows:

             (1) The public works board is hereby created.

             (2) The board shall be composed of thirteen members appointed by the governor for terms of four years, except that five members initially shall be appointed for terms of two years. The board shall include: (a) Three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the association of Washington cities or its successor; (b) three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) three members appointed from a list of at least six persons nominated jointly by the ((Washington state association of water districts, the)) Washington public utility districts association((,)) and ((the Washington)) a state association of water-sewer districts, or their successors; and (d) four members appointed from the general public. In appointing the four general public members, the governor shall endeavor to balance the geographical composition of the board and to include members with special expertise in relevant fields such as public finance, architecture and civil engineering, and public works construction. The governor shall appoint one of the general public members of the board as chair. The term of the chair shall coincide with the term of the governor.

             (3) Staff support to the board shall be provided by the department.

             (4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

             (5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise, may be removed by the governor for cause in accordance with RCW 43.06.070 and 43.06.080.


             Sec. 63. RCW 44.04.170 and 1970 ex.s. c 69 s 2 are each amended to read as follows:

             It shall be the duty of each association of municipal corporations or municipal officers, which is recognized by law and utilized as an official agency for the coordination of the policies and/or administrative programs of municipal corporations, to submit biennially, or oftener as necessary, to the governor and to the legislature the joint recommendations of such participating municipalities regarding changes which would affect the efficiency of such municipal corporations. Such associations shall include but shall not be limited to the Washington state association of fire commissioners, ((the Washington)) a state association of water/wastewater districts, ((the Washington state association of sewer districts,)) and the Washington state school directors' association.


             Sec. 64. RCW 48.62.021 and 1991 sp.s. c 30 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) "Local government entity" or "entity" means every unit of local government, both general purpose and special purpose, and includes, but is not limited to, counties, cities, towns, port districts, public utility districts, ((water districts,)) water-sewer districts, school districts, fire protection districts, irrigation districts, metropolitan municipal corporations, conservation districts, and other political subdivisions, governmental subdivisions, municipal corporations, and quasi-municipal corporations.

             (2) "Risk assumption" means a decision to absorb the entity's financial exposure to a risk of loss without the creation of a formal program of advance funding of anticipated losses.

             (3) "Self-insurance" means a formal program of advance funding and management of entity financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract.

             (4) "Health and welfare benefits" means a plan or program established by a local government entity or entities for the purpose of providing its employees and their dependents, and in the case of school districts, its district employees, students, directors, or any of their dependents, with health care, accident, disability, death, and salary protection benefits.

             (5) "Property and liability risks" includes the risk of property damage or loss sustained by a local government entity and the risk of claims arising from the tortious or negligent conduct or any error or omission of the local government entity, its officers, employees, agents, or volunteers as a result of which a claim may be made against the local government entity.

             (6) "State risk manager" means the state risk manager of the division of risk management within the department of general administration.


             Sec. 65. RCW 52.08.011 and 1984 c 230 s 54 are each amended to read as follows:

             Territory within a fire protection district may be withdrawn from the district in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW.


             Sec. 66. RCW 53.48.001 and 1989 c 84 s 46 are each amended to read as follows:

             The dissolution of a metropolitan park district, fire protection district, ((sewer district,)) water-sewer district, or flood control zone district under chapter 53.48 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.


             Sec. 67. RCW 53.48.010 and 1986 c 278 s 17 are each amended to read as follows:

             The following words and terms shall, whenever used in this chapter, have the meaning set forth in this section:

             (1) The term "district" as used herein, shall include all municipal and quasi-municipal corporations having a governing body, other than cities, towns, counties, and townships, such as port districts, school districts, water-sewer districts, fire protection districts, and all other special districts of similar organization, but shall not include local improvement districts, diking, drainage and irrigation districts, special districts as defined in RCW 85.38.010, nor public utility districts.

             (2) The words "board of commissioners," as used herein, shall mean the governing authority of any district as defined in subdivision (1) of this section.


             Sec. 68. RCW 54.04.030 and 1931 c 1 s 12 are each amended to read as follows:

             ((This act)) Chapter 1, Laws of 1931, shall not be deemed or construed to repeal or affect any existing act, or any part thereof, relating to the construction, operation and maintenance of public utilities by irrigation or water-sewer districts or other municipal corporations, but shall be supplemental thereto and concurrent therewith. No public utility district created hereunder shall include therein any municipal corporation, or any part thereof, where such municipal corporation already owns or operates all the utilities herein authorized: PROVIDED, that in case it does not own or operate all such utilities it may be included within such public utility district for the purpose of establishing or operating therein such utilities as it does not own or operate: PROVIDED, FURTHER, That no property situated within any irrigation or water-sewer districts or other municipal corporations shall ever be taxed or assessed to pay for any utility, or part thereof, of like character to any utility, owned or operated by such irrigation or water districts or other municipal corporations.


             Sec. 69. RCW 70.44.400 and 1984 c 100 s 1 are each amended to read as follows:

             Territory within a public hospital district may be withdrawn therefrom in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW. For purposes of conforming with such procedure, the public hospital district shall be deemed to be the water-sewer district and the public hospital board of commissioners shall be deemed to be the water-sewer district board of commissioners.


             Sec. 70. RCW 70.95B.020 and 1995 c 269 s 2901 are each amended to read as follows:

             As used in this chapter unless context requires another meaning:

             (1) "Director" means the director of the department of ecology.

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

             (3) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

             (4) "Wastewater treatment plant" means a facility used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial or industrial origin, and which by its design requires the presence of an operator for its operation. It shall not include any facility used exclusively by a single family residence, septic tanks with subsoil absorption, industrial wastewater treatment plants, or wastewater collection systems.

             (5) "Operator in responsible charge" means an individual who is designated by the owner as the person on-site in responsible charge of the routine operation of a wastewater treatment plant.

             (6) "Nationally recognized association of certification authorities" shall mean that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.

             (7) "Wastewater collection system" means any system of lines, pipes, manholes, pumps, liftstations, or other facilities used for the purpose of collecting and transporting wastewater.

             (8) "Operating experience" means routine performance of duties, on-site in a wastewater treatment plant, that affects plant performance or effluent quality.

             (9) "Owner" means in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chairman of the county legislative authority or the chairman's designee; in the case of a water-sewer district, board of public utilities, association, municipality or other public body, the president or chairman of the body or the president's or chairman's designee; in the case of a privately owned wastewater treatment plant, the legal owner.

             (10) "Wastewater certification program coordinator" means an employee of the department who administers the wastewater treatment plant operators' certification program.


             Sec. 71. RCW 70.119.020 and 1995 c 269 s 2904 are each amended to read as follows:

             As used in this chapter unless context requires another meaning:

             (1) "Certificate" means a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.

             (2) "Certified operator" means an individual holding a valid certificate and employed or appointed by any county, water-sewer district, municipality, public or private corporation, company, institution, person, or the state of Washington and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.

             (3) "Department" means the department of health.

             (4) "Distribution system" means that portion of a public water system which stores, transmits, pumps and distributes water to consumers.

             (5) "Ground water under the direct influence of surface water" means any water beneath the surface of the ground with:

             (a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia lamblia; or

             (b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

             (6) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections. Group A water system does not include a system serving fewer than fifteen single-family residences, regardless of the number of people.

             (7) "Nationally recognized association of certification authorities" shall mean an organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and waste water facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.

             (8) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.

             (9) "Purification plant" means that portion of a public water system which treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards.

             (10) "Secretary" means the secretary of the department of health.

             (11) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered equivalent to one service.

             (12) "Surface water" means all water open to the atmosphere and subject to surface runoff.


             Sec. 72. RCW 79.44.003 and 1989 c 243 s 13 are each amended to read as follows:

             As used in this chapter "assessing district" means:

             (1) Incorporated cities and towns;

             (2) Diking districts;

             (3) Drainage districts;

             (4) Port districts;

             (5) Irrigation districts;

             (6) Water-sewer districts;

             (7) ((Sewer districts;

             (8))) Counties; and

             (((9))) (8) Any municipal corporation or public agency having power to levy local improvement or other assessments, rates, or charges which by statute are expressly made applicable to lands of the state.


             Sec. 73. RCW 84.04.120 and 1961 c 15 s 84.04.120 are each amended to read as follows:

             "Taxing district" shall be held and construed to mean and include the state and any county, city, town, ((township,)) port district, school district, road district, metropolitan park district, water-sewer district or other municipal corporation, now or hereafter existing, having the power or authorized by law to impose burdens upon property within the district in proportion to the value thereof, for the purpose of obtaining revenue for public purposes, as distinguished from municipal corporations authorized to impose burdens, or for which burdens may be imposed, for such purposes, upon property in proportion to the benefits accruing thereto.


             Sec. 74. RCW 84.33.100 and 1992 c 52 s 6 are each amended to read as follows:

             As used in RCW 84.33.110 through 84.33.140 and 84.33.210 through 84.33.270:

             (1) "Forest land" is synonymous with timberland and means all land in any contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber and means the land only.

             (2) "Owner" means the party or parties having the fee interest in land, except where land is subject to a real estate contract "owner" means the contract vendee.

             (3) "Local government" shall mean any city, town, county, ((sewer district,)) water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary or storm sewerage systems, domestic water supply or distribution systems, or road construction or improvement purposes.

             (4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.

             (5) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.33.220 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year.

             (6) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.


             Sec. 75. RCW 84.34.310 and 1992 c 52 s 15 are each amended to read as follows:

             As used in RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words defined in this section shall have the meanings indicated.

             (1) "Farm and agricultural land" shall mean the same as defined in RCW 84.34.020(2).

             (2) "Timber land" shall mean the same as defined in RCW 84.34.020(3).

             (3) "Local government" shall mean any city, town, county, ((sewer district,)) water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary and/or storm sewerage systems, domestic water supply and/or distribution systems, or road construction or improvement purposes.

             (4) "Local improvement district" shall mean any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to such districts.

             (5) "Owner" shall mean the same as defined in RCW 84.34.020(5) or the applicable statutes relating to special benefit assessments.

             (6) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the department of revenue averaged over the period of time as provided in RCW 84.34.330 (1) and (2). Such determination shall be published not later than January 1 of each year for use in that assessment year.

             (7) "Special benefit assessments" shall mean special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.


             Sec. 76. RCW 84.64.080 and 1991 c 245 s 27 are each amended to read as follows:

             The court shall examine each application for judgment foreclosing tax lien, and if defense (specifying in writing the particular cause of objection) be offered by any person interested in any of the lands or lots to the entry of judgment against the same, the court shall hear and determine the matter in a summary manner, without other pleadings, and shall pronounce judgment as the right of the case may be; or the court may, in its discretion, continue such individual cases, wherein defense is offered, to such time as may be necessary, in order to secure substantial justice to the contestants therein; but in all other cases the court shall proceed to determine the matter in a summary manner as above specified. In all judicial proceedings of any kind for the collection of taxes, and interest and costs thereon, all amendments which by law can be made in any personal action pending in such court shall be allowed, and no assessments of property or charge for any of the taxes shall be considered illegal on account of any irregularity in the tax list or assessment rolls or on account of the assessment rolls or tax list not having been made, completed or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax lists without name, or in any other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with the assessment, levying or collection of the taxes, shall vitiate or in any manner affect the tax or the assessment thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected with the assessment or levy of such taxes or any omission or defective act of any officer or officers connected with the assessment or levying of such taxes, may be, in the discretion of the court, corrected, supplied and made to conform to the law by the court. The court shall give judgment for such taxes, interest and costs as shall appear to be due upon the several lots or tracts described in the notice of application for judgment or complaint, and such judgment shall be a several judgment against each tract or lot or part of a tract or lot for each kind of tax included therein, including all interest and costs, and the court shall order and direct the clerk to make and enter an order for the sale of such real property against which judgment is made, or vacate and set aside the certificate of delinquency or make such other order or judgment as in the law or equity may be just. The order shall be signed by the judge of the superior court, shall be delivered to the county treasurer, and shall be full and sufficient authority for him or her to proceed to sell the property for the sum as set forth in the order and to take such further steps in the matter as are provided by law. The county treasurer shall immediately after receiving the order and judgment of the court proceed to sell the property as provided in this chapter to the highest and best bidder for cash. The acceptable minimum bid shall be the total amount of taxes, interest, penalties, and costs. All sales shall be made at a location in the county on a date and time (except Saturdays, Sundays, or legal holidays) as the county treasurer may direct, and shall continue from day to day (Saturdays, Sundays, and legal holidays excepted) during the same hours until all lots or tracts are sold, after first giving notice of the time, and place where such sale is to take place for ten days successively by posting notice thereof in three public places in the county, one of which shall be in the office of the treasurer. The notice shall be substantially in the following form:

 

TAX JUDGMENT SALE

 

             Public notice is hereby given that pursuant to real property tax judgment of the superior court of the county of . . . . . . in the state of Washington, and an order of sale duly issued by the court, entered the . . . . day of . . . . . ., . . . ., in proceedings for foreclosure of tax liens upon real property, as per provisions of law, I shall on the . . . . day of . . . . . ., . . . ., at . . . . o'clock a.m., at . . . . . . in the city of . . . . . ., and county of . . . . . ., state of Washington, sell the real property to the highest and best bidder for cash, to satisfy the full amount of taxes, interest and costs adjudged to be due.

             In witness whereof, I have hereunto affixed my hand and seal this . . . . day of . . . . . ., . . . . .

 

                                                                              . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                              Treasurer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                              county.

 

             No county officer or employee shall directly or indirectly be a purchaser of such property at such sale.

             If any buildings or improvements are upon an area encompassing more than one tract or lot, the same must be advertised and sold as a single unit.

             If the highest amount bid for any such separate unit tract or lot is in excess of the minimum bid due upon the whole property included in the certificate of delinquency, the excess shall be refunded following payment of all water ((and))- sewer district liens, on application therefor, to the record owner of the property. The record owner of the property is the person who held title on the date of issuance of the certificate of delinquency. In the event no claim for the excess is received by the county treasurer within three years after the date of the sale he or she shall at expiration of the three year period deposit such excess in the current expense fund of the county. The county treasurer shall execute to the purchaser of any piece or parcel of land a tax deed. The deed so made by the county treasurer, under the official seal of his or her office, shall be recorded in the same manner as other conveyances of real property, and shall vest in the grantee, his or her heirs and assigns the title to the property therein described, without further acknowledgment or evidence of such conveyance, and shall be substantially in the following form:

 

State of Washington                  

                                                                            ss.

County of . . . . .. . . . . . .. . . . . . .                        

 

             This indenture, made this . . . . day of . . . . . ., . . . . . ., between . . . . . ., as treasurer of . . . . . . county, state of Washington, party of the first part, and . . . . . ., party of the second part:

             Witnesseth, that, whereas, at a public sale of real property held on the . . . . day of . . . . . ., . . . ., pursuant to a real property tax judgment entered in the superior court in the county of . . . . . . on the . . . . day of . . . . . ., . . . ., in proceedings to foreclose tax liens upon real property and an order of sale duly issued by the court, . . . . . . duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit: (Here place description of real property conveyed) and that the . . . . . . has complied with the laws of the state of Washington necessary to entitle (him, or her or them) to a deed for the real property.

             Now, therefore, know ye, that, I . . . . . ., county treasurer of the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases provided, do hereby grant and convey unto . . . . . ., his or her heirs and assigns, forever, the real property hereinbefore described.

             Given under my hand and seal of office this . . . . day of . . . . . ., A.D. . . . .

                                                                                           . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                                                    County Treasurer.


             Sec. 77. RCW 84.69.010 and 1961 c 15 s 84.69.010 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "Taxing district" means any county, city, town, ((township,)) port district, school district, road district, metropolitan park district, water-sewer district, or other municipal corporation now or hereafter authorized by law to impose burdens upon property within the district in proportion to the value thereof, for the purpose of obtaining revenue for public purposes, as distinguished from municipal corporations authorized to impose burdens, or for which burdens may be imposed, for such purposes, upon property in proportion to the benefits accruing thereto.

             (2) "Tax" includes penalties and interest.


             Sec. 78. RCW 87.03.015 and 1979 ex.s. c 185 s 2 are each amended to read as follows:

             Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:

             (1) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use, to acquire, construct, and lease dams, canals, plants, transmission lines, and other power equipment and the necessary property and rights therefor and to operate, improve, repair, and maintain the same, for the generation and transmission of electrical energy for use in the operation of pumping plants and irrigation systems of the district and for sale to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, operate, and maintain, alone or jointly with other irrigation districts, boards of control, other municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, or electrical companies subject to the jurisdiction of the utilities and transportation commission, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district's share of such energy, to municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission, or to other irrigation districts, and on such terms and conditions as the board of directors shall determine, and to enter into contracts with other irrigation districts, boards of control, other municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission: PROVIDED, That no contract entered into by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held and canvassed for that purpose in the same manner as that provided by law for district bond elections.

             (2) To construct, repair, purchase, maintain or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.

             (3) To construct, repair, purchase, lease, acquire, operate and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided.

             (4) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws, on account of district lands.

             (5) To maintain, repair, construct and reconstruct ditches, laterals, pipe lines and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid.

             (6) To acquire, install and maintain as a part of the irrigation district's water system the necessary water mains and fire hydrants to make water available for fire fighting purposes; and in addition any such irrigation district shall have the authority to repair, operate and maintain such hydrants and mains.

             (7) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission to jointly acquire, construct, own, operate, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by subsection (1) of this section, or portions of such works.

             (8) To acquire from a water-sewer district wholly within the irrigation district's boundaries, by a conveyance without cost, the water-sewer district's water system and to operate the same to provide water for the domestic use of the irrigation district residents. As a part of its acceptance of the conveyance the irrigation district must agree to relieve the water-sewer district of responsibility for maintenance and repair of the system. Any such water-sewer district is authorized to make such a conveyance if all indebtedness of the water-sewer district, except local improvement district bonds, has been paid and the conveyance has been approved by a majority of the water-sewer district's ((electors)) voters voting at a general or special election.

             This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law.


             Sec. 79. RCW 87.03.720 and 1977 ex.s. c 208 s 1 are each amended to read as follows:

             The board of directors of an irrigation district shall, after being notified by the legislative authority of the county or counties within which the irrigation district lies of the filing of the petition therefor, have the power to assent to the proposed merger with the irrigation district of that portion of a drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district within its boundaries at a hearing duly called by the board to consider the proposed merger if sufficient objections thereto have not been presented, as hereinafter provided.


             Sec. 80. RCW 87.03.725 and 1977 ex.s. c 208 s 2 are each amended to read as follows:

             The secretary of the board of directors shall cause a notice of the proposed merger to be posted and published in the same manner and for the same time as notice of a special election for the issue of bonds. The notice shall state that a petition has been filed with the legislative authority of the county or counties within which the irrigation districts lies by the board of supervisors of the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district or by the board of commissioners of a water-sewer district requesting that the drainage improvement district, joint drainage improvement district, consolidated drainage improvement district, or water-sewer district be merged with the irrigation district or irrigation districts, the names of the petitioners and the prayer thereof, and it shall notify all persons interested in the irrigation district to appear at the office of the board at the time named in the notice, and show cause in writing why the proposed merger should not take place. The time to show cause shall be the regular meeting of the board of directors of the irrigation district next after the expiration of the time for the publication of the notice.


             NEW SECTION. Sec. 81. RCW 56.08.070 and 1996 c 18 s 13 are each repealed.


             NEW SECTION. Sec. 82. 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 July 1, 1997."


             Correct the title accordingly.


             Representative D. Schmidt spoke in favor of the adoption of the amendment. The amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives D. Schmidt and Gardner spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5650 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5650 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5650, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5763, by Senate Committee on Energy & Utilities (originally sponsored by Senators Finkbeiner, Brown, Rossi, McAuliffe, Roach, Kohl, Jacobsen, Hochstatter, Haugen, Goings and West)

 

Prohibiting the taxation of internet service providers as network telephone service providers.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Energy & Utilities was adopted. (For committee amendments, see Journal, 75th Day, March 28, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative B. Thomas spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5763 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5763 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Voting nay: Representative Dunn - 1.


             Substitute Senate Bill No. 5763, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5770, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens and Thibaudeau)

 

Protecting child records.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Children & Family Services was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cooke and Kastama spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5770 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5770 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Yeas - 98, Nays - 0, Absent - 0, Excused - 0.


             Substitute Senate Bill No. 5770, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5781, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Morton, Rasmussen, Anderson, Swecker and Schow)

 

Requiring voter approval of city assumption of water or sewer systems.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Government Administration was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives D. Schmidt and Gardner spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5781 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5781 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5781, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5783 and the bill held it’s place on the second reading calendar.


             SUBSTITUTE SENATE BILL NO. 5785, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Newhouse, Morton, Haugen and Rasmussen)

 

Providing for consolidation of ground water rights of exempt wells.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was not adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Chandler and Anderson spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5785 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5785 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5785, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5827, by Senate Committee on Government Operations (originally sponsored by Senators Roach, Haugen and Long)

 

Collecting the cost of governmental entities using collection agencies.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Government Administration was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Smith and Doumit spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5827 as amended by the House.

ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5827, as amended by the House, and the bill passed the House by the following vote: Yeas - 86, Nays - 12, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wood, Zellinsky and Mr. Speaker - 86.

             Voting nay: Representatives Benson, Cole, Cooke, Dickerson, Kastama, Koster, Mason, Morris, Murray, Sherstad, Wensman and Wolfe - 12.


             Substitute Senate Bill No. 5827, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5831, by Senators Newhouse, Deccio, Haugen and McCaslin

 

Eliminating provisions allowing adjacent counties as the venue of actions by or against counties.

             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Law and Justice was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan and Constantine spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5831 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5831 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5831, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5838 and the bill held it’s place on the second reading calendar.


             ENGROSSED SENATE BILL NO. 5954, by Senators West, Swecker, Rossi, Snyder and Kohl

 

Regulating claims against the University of Washington.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Alexander and H. Sommers spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5954 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5954 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed Senate Bill No. 5954, as amended by the House, having received the constitutional majority, was declared passed.


             ENGROSSED SENATE BILL NO. 5959, by Senators Anderson and Morton

 

Allowing for the establishment of restricted seed potato production areas.


             The bill was read the second time.


             There being no objection, the House deferred consideration of Engrossed Senate Bill No. 5959 and the bill held it’s place on the second reading calendar.


             SUBSTITUTE SENATE BILL NO. 5965, by Senate Committee on Commerce and Labor (originally by Senators Schow, Horn, Anderson, Heavey) and Franklin

 

Providing for changes in agency experience ratings for industrial insurance.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Commerce and Labor was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris and Wood spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5965 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5965 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5965, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5968, by Senators Thibaudeau, Wood, Haugen and Prince

 

Regulating electric-assisted bicycles.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Transportation Policy & Budget was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Mitchell, Murray and Fisher spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5968 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5968 as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 9, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Blalock, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.

             Voting nay: Representatives Ballasiotes, Cairnes, Dunn, Koster, Lambert, Schoesler, Sherstad, Sommers, D. and Thomas, B. - 9.


             Senate Bill No. 5968, as amended by the House, having received the constitutional majority, was declared passed.


MESSAGES FROM THE SENATE

April 10, 1997

Mr. Speaker:


             The President has signed:

SENATE BILL NO. 5448,

SUBSTITUTE SENATE BILL NO. 5470,

SENATE BILL NO. 5486,

SENATE BILL NO. 5507,

SUBSTITUTE SENATE BILL NO. 5513,

SUBSTITUTE SENATE BILL NO. 5529,

SUBSTITUTE SENATE BILL NO. 5560,

SUBSTITUTE SENATE BILL NO. 5562,

and the same are herewith transmitted.

Mike O’Connell, Secretary


April 10, 1997

Mr. Speaker:


             The President has signed:

SUBSTITUTE HOUSE BILL NO. 1007,

SUBSTITUTE HOUSE BILL NO. 1016,

SUBSTITUTE HOUSE BILL NO. 1089,

SUBSTITUTE HOUSE BILL NO. 1124,

SUBSTITUTE HOUSE BILL NO. 1171,

HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1249,

SUBSTITUTE HOUSE BILL NO. 1251,

HOUSE BILL NO. 1288,

HOUSE BILL NO. 1400,

HOUSE BILL NO. 1590,

SUBSTITUTE HOUSE BILL NO. 1658,

SUBSTITUTE HOUSE BILL NO. 1799,

and the same are herewith transmitted.

Mike O’Connell, Secretary


April 10, 1997

Mr. Speaker:


             The President has signed:

HOUSE BILL NO. 1081,

SUBSTITUTE HOUSE BILL NO. 1060,

HOUSE BILL NO. 1098,

SUBSTITUTE HOUSE BILL NO. 1120,

HOUSE BILL NO. 1187,

HOUSE BILL NO. 1241,

SUBSTITUTE HOUSE BILL NO. 1383,

HOUSE BILL NO. 1452,

HOUSE BILL NO. 1514,

HOUSE BILL NO. 1651,

SUBSTITUTE HOUSE BILL NO. 1813,

ENGROSSED HOUSE BILL NO. 2093,

and the same are herewith transmitted.

Mike O’Connell, Secretary


             SUBSTITUTE SENATE BILL NO. 5976, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Wood, Prentice, Franklin, Heavey, McAuliffe, Kline, Patterson, Thibaudeau and Kohl)

 

Clarifying who may legally use the title "nurse."


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Skinner and Radcliff spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5976 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5976 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Voting nay: Representatives Koster and Sherstad - 2.


             Substitute Senate Bill No. 5976, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5997, by Senators Haugen, Schow and Fraser

 

Requiring periodic inspections for the regulation of cosmetology, barbering, esthetics, and manicuring.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris and Wood spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5997.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5997 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Backlund, Koster, Lambert, McDonald and Sherstad - 5.


             Senate Bill No. 5997, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5998, by Senator Haugen

 

Restructuring the state cosmetology, barbering, esthetics, and manicuring advisory board.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives D. Schmidt and Gardner spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5998.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5998 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Voting nay: Representatives Backlund, Koster, Lambert and Mulliken - 4.


             Senate Bill No. 5998, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6030, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Goings, Anderson, Haugen, Horn, Rasmussen, Long and Oke)

 

Establishing a performance audit and operations review of the workers' compensation system.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Commerce & Labor was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris, Conway and Backlund spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6030 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6030 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 6030, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 1850, House Bill No. 2264 and House Bill No. 2279, and the bills held their places on the second reading calendar.


RECONSIDERATION


             There being no objection, the rules were suspended, and the House immediately reconsidered the vote on Substitute Senate Bill No. 5827.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5827 on reconsideration, and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Blalock, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Constantine, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wood, Zellinsky and Mr. Speaker - 80.

             Voting nay: Representatives Ballasiotes, Cairnes, Cole, Conway, Cooke, Kastama, Koster, Lantz, Mason, McDonald, Murray, Regala, Robertson, Romero, Sherstad, Veloria, Wensman and Wolfe - 18.


             Substitute Senate Bill No. 5827, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5056, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin and Roach)

 

Limiting property assessments to permitted land use.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative B. Thomas spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5056.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5056 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5056, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5079, by Senate Committee on Agriculture & Environment (originally sponsored by Senator Swecker)

 

Providing an alternative means to comply with wastewater discharge permit requirements.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For committee amendments, see Journal, 78th Day, March 31, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Chandler spoke in favor of passage of the bill.


             Representative Anderson spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5079 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5079 as amended by the House, and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Grant, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 36.


             Substitute Senate Bill No. 5079, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Engrossed Substitute Senate Bill No. 5082 and the bill held it's place on the second reading calendar.


             SENATE BILL NO. 5111, by Senators Winsley and Loveland

 

Requiring the preparation of maps by county assessors for listing of real estate.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative B. Thomas spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5111.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5111 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5111, having received the constitutional majority, was declared passed.

Third Reading Final Passag


             SUBSTITUTE SENATE BILL NO. 5121, by Senate Committee on Ways & Means (originally sponsored by Senators Johnson, Newhouse and Winsley)

 

Waiving or canceling interest or penalties for certain estate tax returns.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives B. Thomas and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5121.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5121 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5121, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Second Substitute Senate Bill No. 5127 and the bill held it's place on the second reading calendar.


             SENATE BILL NO. 5139, by Senators Oke, Snyder, Swecker and Winsley; by request of Parks and Recreation Commission

 

Regarding enterprise activities of the state parks and recreation commission.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Alexander spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5139.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5139 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5139, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5157 and the bill held it's place on the second reading calendar.


             SUBSTITUTE SENATE BILL NO. 5177, by Senate Committee on Transportation (originally sponsored by Senators Horn, Wood, Prince, Winsley, Deccio and Johnson)

 

Facilitating smoother flow of traffic.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Transportation Policy & Budget was adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Robertson and O'Brien spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5177 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5177 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Voting nay: Representatives Dunn, Koster and Sump - 3.


             Substitute Senate Bill No. 5177, as amended by the House, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on Substitute Senate Bill No. 5177.

MIKE SHERSTAD, 1st District


             There being no objection, the House deferred consideration of Second Substitute House Bill No. 5178 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 2276, by Representatives Lisk, Huff and Sheahan

 

Promoting civil legal services for indigent persons.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2276 was substituted for House Bill No. 2276 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2276 was read the second time.


             Representative Lisk moved the adoption of the following amendment by Representative Lisk: (523)


             On page 1, after line 3, strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. It is the intent of the legislature to promote the provision of civil legal services to indigent persons, subject to available funds. To the extent that funds are appropriated for civil legal services for the indigent, the legislature intends that civil legal services be offered within an oversight framework that ensures accountability.


             Sec. 2. RCW 43.08.260 and 1995 c 399 s 62 are each amended to read as follows:

             (1)(a) The legislature recognizes the ethical obligation of attorneys to represent clients without interference by third parties in the discharge of professional obligations to clients. However, to ensure the most beneficial use of state resources, the legislature finds that it is within the authority of the legislature to specify the categories of legal cases in which qualified legal aid programs may provide civil representation with state moneys. Accordingly, moneys appropriated for civil legal representation pursuant to this section shall not be used for legal representation that is either outside the scope of this section or prohibited by this section.

             (b) Nothing in this section is intended to limit the authority of existing entities, including but not limited to the Washington state bar association, the public disclosure commission, the state auditor, and the federal legal services corporation to resolve issues within their respective jurisdictions.

             (2) Any money appropriated by the legislature from the public safety and education account pursuant to RCW 43.08.250 or from any other state fund or account for civil representation of indigent persons shall be used solely for the purpose of contracting with qualified legal aid programs for legal representation of indigent persons in matters relating to: (a) Domestic relations and family law matters, (b) public assistance((,)) and health care, ((and entitlement programs,)) (c) ((public)) housing and utilities, ((and)) (d) ((unemployment compensation)) social security, (e) mortgage foreclosures, (f) home protection bankruptcies, (g) consumer fraud and unfair sales practices, (h) rights of residents of long-term care facilities, (i) wills, estates, and living wills, (j) elder abuse, and (k) guardianship.

             (3) For purposes of this section, a "qualified legal aid program" means a not-for-profit corporation incorporated and operating exclusively in Washington which has received basic field funding for the provision of civil legal services to indigents ((under Public Law 101-515)) from the federal legal services corporation or that has received funding for civil legal services for indigents under this section before July 1, 1997.

             (((2) Funds distributed to qualified legal aid programs under this section shall be distributed on a basis proportionate to the number of individuals with incomes below the official federal poverty income guidelines who reside within the counties in the geographic service areas of such programs. The department of community, trade, and economic development shall use the same formula for determining this distribution as is used by the legal services corporation in allocating funds for basic field services in the state of Washington.

             (3)(a))) (4) The department of community, trade, and economic development shall establish a distribution formula based on the distribution by county of individuals with incomes below the official federal poverty level guidelines. When entering into a contract with a qualified legal services provider under this section, the department shall require the provider to provide legal services in a manner that maximizes geographic access in accordance with the formula established in this subsection (4).

             (5) Funds distributed to qualified legal aid programs under this section may not be used directly or indirectly for ((lobbying or in class action suits. Further, these funds are subject to all limitations and conditions imposed on use of funds made available to legal aid programs under the legal services corporation act of 1974 (P.L. 93-355; P.L. 95-222) as currently in effect or hereafter amended.)):

             (((b)(i))) (a) Lobbying. (i) For purposes of this section, "lobbying" means any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device directly or indirectly intended to influence any member of congress or any other federal, state, or local nonjudicial official, whether elected or appointed:

             (A) In connection with any act, bill, resolution, or similar legislation by the congress of the United States or by any state or local legislative body, or any administrative rule, rule-making activity, standard, rate, or other enactment by any federal, state, or local administrative agency;

             (B) In connection with any referendum, initiative, constitutional amendment, or any similar procedure of the congress, any state legislature, any local council, or any similar governing body acting in a legislative capacity; or

             (C) In connection with inclusion of any provision in a legislative measure appropriating funds to, or defining or limiting the functions or authority of, the recipient of funds ((pursuant to chapter 54, Laws of 1992)) under this section.

             (ii) "Lobbying" does not include the response of an employee of a legal aid program to a written request from a governmental agency, an elected or appointed official, or committee on a specific matter. This exception does not authorize communication with anyone other than the requesting party, or agent or employee of such agency, official, or committee.

             (b) Grass roots lobbying. For purposes of this section, "grass roots lobbying" means preparation, production, or dissemination of information the purpose of which is to encourage the public at large, or any definable segment thereof, to contact legislators or their staff in support of or in opposition to pending or proposed legislation; or contribute to or participate in a demonstration, march, rally, lobbying campaign, or letter writing or telephone campaign for the purpose of influencing the course of pending or proposed legislation.

             (c) Class action lawsuits.

             (d) Participating in or identifying the program with prohibited political activities. For purposes of this section, "prohibited political activities" means (i) any activity directed toward the success or failure of a political party, a candidate for partisan or nonpartisan office, a partisan political group, or a ballot measure; (ii) advertising or contributing or soliciting financial support for or against any candidate, political group, or ballot measure; or (iii) voter registration or transportation activities.

             (e) Representation in fee-generating cases. For purposes of this section, "fee-generating"" means a case that might reasonably be expected to result in a fee for legal services if undertaken by a private attorney. The charging of a fee pursuant to subsection (6) of this section does not establish the fee-generating nature of a case.

             A fee generating case may be accepted when: (i) The case has been rejected by the local lawyer referral services or by two private attorneys, (ii) neither the referral service nor two private attorneys will consider the case without payment of a consultation fee, (iii) after consultation with the appropriate representatives of the private bar, the program has determined that the type of case is one that private attorneys do not ordinarily accept, or do not accept without prepayment of a fee, or (iv) the director of the program or the director’s designee has determined that referral of the case to the private bar is not possible because documented attempts to refer similar cases in the past have been futile, or because emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.

             (f) Organizing any association, union, or federation, or representing a labor union. However, nothing in this subsection (5)(f) prohibits the provision of legal services to clients as otherwise permitted by this section.

             (g) Representation of undocumented aliens.

             (h) Picketing, demonstrations, strikes, or boycotts.

             (i) Engaging in inappropriate solicitation. For purposes of this section, "inappropriate solicitation" means promoting the assertion of specific legal claims among persons who know of their rights to make a claim and who decline to do so. Nothing in this subsection precludes a legal services program or its employees from providing information regarding legal rights and responsibilities or providing information regarding the program's services and intake procedures through community legal education activities, responding to an individual's specific question about whether the individual should consult with an attorney or take legal action, or responding to an individual's specific request for information about the individual's legal rights or request for assistance in connection with a specific legal problem.

             (j) Conducting training programs that (i) advocate particular public policies; (ii) encourage or facilitate political activities, labor or antilabor activities, boycotts, picketing, strikes, or demonstrations; or (iii) attempt to influence legislation or rule making. Nothing in this subsection (5)(j) precludes representation of clients as otherwise permitted by this section.

             (6) The department may establish requirements for client participation in the provision of civil legal services under this section, including but not limited to copayments and sliding fee scales.

             (7)(a) Contracts entered into by the department with qualified legal services programs under this section must specify that the program's expenditures of moneys distributed under this section:

             (i) Must be audited annually by an independent outside auditor. These audit results must be provided to the department; and

             (ii) Are subject to audit by the state auditor.

             (b)(i) Any entity auditing a legal services program under this section shall have access to all records of the legal services program to the full extent necessary to determine compliance with this section, with the exception of confidential information protected by the United States Constitution, the state Constitution, the attorney-client privilege, and applicable rules of attorney conduct.

             (ii) The legal services program shall have a system allowing for production of case-specific information, including client eligibility and case type, to demonstrate compliance with this section, with the exception of confidential information protected by the United States Constitution, the state Constitution, the attorney-client privilege, and applicable rules of attorney conduct. Such information shall be available to any entity that audits the program.

             (8) The department must recover or withhold amounts determined by an audit to have been used in violation of this section.

             (9) The department may adopt rules to implement this section.


             NEW SECTION. Sec. 3. A new section is added to chapter 43.08 RCW to read as follows:

             The joint legislative civil legal services oversight committee is established.

             (1) The committee's members are one member from each of the minority and majority caucuses of the house of representatives, who are appointed by the speaker of the house of representatives, and one member from each of the minority and majority caucuses of the senate, who are appointed by the president of the senate.

             (2)(a) The committee shall oversee the provision of civil legal services funded through RCW 43.08.260 and shall act as a forum for discussion of issues related to state-funded civil legal services.

             (b) By December 1, 1997, and by December 1st of each year thereafter, the committee must report to the appropriate standing policy and fiscal committees of the legislature on the provision of legal services under RCW 43.08.260.

             (3) The committee chairman is selected by the members and shall serve a one-year term. The chairman position rotates between the house and senate members and the political parties.

             (4) The committee shall meet at least four times during each fiscal year. The committee shall accept public testimony at a minimum of two of these meetings."


             Representatives Lisk and Appelwick spoke in favor of the adoption of the amendment. The amendment was adopted.

 

The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


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


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2276.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2276 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed Substitute House Bill No. 2276, having received the constitutional majority, was declared passed.


             HOUSE CONCURRENT RESOLUTION NO. 4408, by Representatives Thompson, Buck, Sheldon, Sump, Alexander and DeBolt

 

Creating the joint select committee on management of state forest lands.


             The concurrent resolution was read the second time. There being no objection, Substitute House Concurrent Resolution No. 4408 was substituted for House Concurrent Resolution No. 4408 and the substitute concurrent resolution was placed on the second reading calendar.


             Substitute House Concurrent Resolution No. 4408 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.


             Representatives Thompson and Regala spoke in favor of passage of the resolution.


             The Speaker stated the question before the House to be final adoption of Substitute House Concurrent Resolution No. 4408.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Concurrent Resolution No. 4408 and the resolution was adopted by the House by the following vote: Yeas - 81, Nays - 17, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 81.

             Voting nay: Representatives Anderson, Butler, Chopp, Cody, Cole, Conway, Cooper, Dickerson, Fisher, Lantz, Mason, Murray, Regala, Sullivan, Tokuda, Veloria and Wolfe - 17.


             Substitute House Concurrent Resolution No. 4408, having received the constitutional majority, was adopted.


             HOUSE CONCURRENT RESOLUTION NO. 4409, by Representatives Thompson, Reams, Bush, Mielke, Sherstad, Pennington, Sheldon, Grant, Kastama, McMorris and Mastin

 

Establishing a joint select subcommittee on wetlands.


             The Concurrent Resolution was read the second time. There being no objection, Substitute House Concurrent Resolution No. 4409 was substituted for House Concurrent Resolution No. 4409 and the substitute concurrent resolution was placed on the second reading calendar.


             Substitute House Concurrent Resolution No. 4409 was read the second time.


             Representative Lantz moved the adoption of the following amendment by Representative Romero: (503)

             On page 2, line 8, after "consist of" strike all material through "three" on line 11 and insert "eight members, four members of the Senate, two members from the majority caucus and two members from the minority caucus, appointed by the President of the Senate, and four members of the House of Representatives, two"


             Representatives Lantz and Thompson spoke in favor of the adoption of the amendment. The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.


             Representatives Thompson and Romero spoke in favor of adoption of the resolution.


             The Speaker stated the question before the House to be final adoption of Engrossed Substitute House Concurrent Resolution No. 4409.


ROLL CALL


             The Clerk called the roll on the final adoption of Engrossed Substitute House Concurrent Resolution No. 4409 and the resolution was adopted by the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed Substitute House Concurrent Resolution No. 4409, having received the constitutional majority, was adopted.


             HOUSE CONCURRENT RESOLUTION NO. 4407, by Representatives Clements, Chandler and Honeyford

 

Creating a joint select committee on Yakima Valley water storage.


             The bill was read the second time.


             Representative Regala moved the adoption of the following amendment by Representative Regala: (506)


             On page 2, after line 3, strike all material through "one" on line 8 and insert "eight members with four members appointed by the Speaker of the House of Representatives, two from the majority party caucus and two from the minority party caucus in the House of Representatives, and four members appointed by the President of the Senate, two from the majority party caucus and two"


             Representatives Regala and Clements spoke in favor of the adoption of the amendment. The amendment was adopted.


             The resolution was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final passage.


             Representative Clements spoke in favor of adoption of the resolution.


             The Speaker stated the question before the House to be final passage of Engrossed House Concurrent Resolution No. 4407.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Concurrent Resolution No. 4407 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed House Concurrent Resolution No. 4407, having received the constitutional majority, was adopted.


             SENATE BILL NO. 5181, by Senators Roach, Fairley, Prentice, Benton and Winsley

 

Making certain debtors liable for any deficiency after default.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan and Constantine spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5181.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5181 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Voting nay: Representative Sullivan - 1.


             Senate Bill No. 5181, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5230, by Senate Committee on Ways & Means (originally sponsored by Senators Rossi, Haugen, McCaslin, McDonald and Hale)

 

Revising current use taxation provisions.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Finance was adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative B. Thomas and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5230 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5230 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5230, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Senate Bill No. 5253 and the bill held it's place on the second reading calendar.


             SECOND SUBSTITUTE SENATE BILL NO. 5313, by Senate Committee on Ways & Means (originally sponsored by Senators Wood, Haugen and Prince; by request of Department of Transportation)

 

Establishing the advanced environmental mitigation revolving fund.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives K. Schmidt and Romero spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 5313.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5313 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Second Substitute Senate Bill No. 5313, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5334, Substitute Senate Bill No. 5347 and Substitute Senate Bill No. 5359, and the bills held their places on the second reading calendar.


             SENATE BILL NO. 5383, by Senators Winsley and Prentice

 

Facilitating the collection of sales tax on manufactured housing.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative B. Thomas spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5383.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5383 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5383, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5395, by Senators West, Hochstatter and Spanel; by request of Office of Financial Management

 

Changing the formula for determining average salaries for certificated instructional staff.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Wensman, H. Sommers and Talcott spoke in favor of passage of the bill.


             Representative Keiser spoke against the passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5395.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5395 and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Dunn, Dunshee, Dyer, Gombosky, Grant, Hankins, Huff, Johnson, Kenney, Koster, Lambert, Lantz, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 80.

             Voting nay: Representatives Blalock, Butler, Carlson, Conway, Doumit, Fisher, Gardner, Hatfield, Hickel, Honeyford, Kastama, Keiser, Kessler, Linville, Ogden, Regala, Romero and Sullivan - 18.


             Senate Bill No. 5395, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5439, by Senators Morton, Hargrove, Stevens and Benton

 

Providing an exclusion for what constitutes surface mining.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Buck and Schoesler spoke in favor of passage of the bill.


             Representatives Regala and Dunshee spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5439.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5439 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Lambert, Lisk, Mastin, McDonald, McMorris, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Dyer, Fisher, Gardner, Kastama, Keiser, Kenney, Koster, Lantz, Linville, Mason, Mielke, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Thomas, B., Tokuda, Veloria and Wolfe - 36.


             Senate Bill No. 5439, having received the constitutional majority, was declared passed.


MOTION FOR RECONSIDERATION


             Representative Robertson, having voted on the prevailing side, moved that rules be suspended, and that the House immediately reconsider the vote on Senate Bill No. 5395. The motion was carried.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5395, on reconsideration and the bill passed the House by the following vote: Yeas - 61, Nays - 37, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chopp, Clements, Cody, Cole, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Dunn, Dunshee, Dyer, Gombosky, Huff, Johnson, Kenney, Koster, Lambert, Lantz, Lisk, Mastin, Mielke, Morris, Mulliken, Murray, Parlette, Quall, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 61.

             Voting nay: Representatives Anderson, Blalock, Butler, Carlson, Chandler, Constantine, Conway, Cooke, Doumit, Fisher, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Kastama, Keiser, Kessler, Linville, Mason, McDonald, McMorris, Mitchell, O'Brien, Ogden, Pennington, Poulsen, Regala, Robertson, Romero, Sheldon, Sullivan, Sump, Thomas, L., Veloria and Wolfe - 37.


             Senate Bill No. 5395, having received the constitutional majority on reconsideration, was declared passed.


             SENATE BILL NO. 5452, by Senators Hale, Loveland, West, Winsley, Rasmussen and Oke

 

Exempting nonprofit cancer centers from property tax.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Delvin and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5452.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5452 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5452, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5462 and the bill held it's place on the second reading calendar.


             SECOND SUBSTITUTE SENATE BILL NO. 5508, by Senate Committee on Ways & Means (originally sponsored by Senators Hochstatter, Oke, Morton, Swecker, Finkbeiner, Horn, Stevens and Schow)

 

Enacting the third grade reading accountability act.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendments, see Journal, 85th Day, April 7, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Johnson spoke in favor of passage of the bill.


             There being no objection, the House deferred consideration of Second Substitute Senate Bill No. 5508 and the bill held it's place on third reading.


             There being no objection, the House deferred consideration of Engrossed Senate Bill No. 5514 and the bill held it's place on the second reading calendar.


             SENATE BILL NO. 5519, by Senators Sellar and Oke

 

Enhancing compliance with sentence conditions.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Ballasiotes spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5519.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5519 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Cairnes, Cooke, Hickel, Robertson and Thomas, B. - 5.


             Senate Bill No. 5519, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5551, by Senators Prince, Fraser, Haugen, Jacobsen, McAuliffe and Winsley

 

Designating significant historic places.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Delvin, Skinner and Scott spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5551.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5551 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5551, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5578, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove and Winsley; by request of Department of Social and Health Services)

 

Concerning the placement and custody of at-risk youth.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cooke and Wolfe spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5578.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5578 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5578, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5637, by Senators Haugen, Horn, Rasmussen and Winsley; by request of County Road Administration Board

 

Removing residency requirements for county road engineers.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Mitchell and O'Brien spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5637.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5637 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Voting nay: Representative Schoesler - 1.


             Senate Bill No. 5637, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5664, by Senate Committee on Commerce & Labor (originally sponsored by Senators Horn, Bauer, Sheldon and Schow)

 

Allowing credit and debit card purchases in state liquor stores.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


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


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5664.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5664 and the bill passed the House by the following vote: Yeas - 72, Nays - 26, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Benson, Blalock, Buck, Butler, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Delvin, Dickerson, Doumit, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sherstad, Skinner, Sommers, H., Talcott, Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wood and Zellinsky - 72.

             Voting nay: Representatives Backlund, Boldt, Bush, Cairnes, Clements, Crouse, DeBolt, Dyer, Koster, Lambert, McDonald, Mielke, Mulliken, Parlette, Pennington, Schoesler, Sheldon, Smith, Sommers, D., Sterk, Sullivan, Sump, Thomas, B., Van Luven, Wolfe and Mr. Speaker - 26.


             Substitute Senate Bill No. 5664, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5681, by Senators McCaslin, Hargrove, Johnson, Haugen, McAuliffe, Long and Roach

 

Penalizing assault of health care personnel.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sterk, Backlund and Costa spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5681.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5681 and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Voting nay: Representatives Carrell, Lambert and Sherstad - 3.


             Senate Bill No. 5681, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5715, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Wood, Fairley, Franklin, Deccio and Winsley)

 

Licensing orthotists and prosthetists.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Health Care was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Dyer and Cody spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5715 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5715 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 6, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

             Voting nay: Representatives Benson, Crouse, Koster, Mastin, Poulsen and Sherstad - 6.


             Substitute Senate Bill No. 5715, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5727 and the bill held it’s place on the second reading calendar.


             SUBSTITUTE SENATE BILL NO. 5768, by Senate Committee on Commerce & Labor (originally sponsored by Senators Horn, Thibaudeau, Winsley, Anderson, Oke, McDonald, Wood, Fairley, Wojahn and Heavey)

 

Creating supported employment programs.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Government Administration was adopted. (For committee amendments, see Journal, 81st Day, April 3, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Robertson and Doumit spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5768 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5768 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5768, as amended by the House, having received the constitutional majority, was declared passed.


MOTION FOR RECONSIDERATION


             Representative Robertson, having voted on the prevailing side, moved that rules be suspended, and that the House immediately reconsider the vote on Substitute Senate Bill No. 5768. The motion was carried.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5768 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5768 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute Senate Bill No. 5768, as amended by the House, having received the constitutional majority, was declared passed.


RECONSIDERATION


             There being no objection, the rules be suspended, and the House immediately reconsidered the vote on Senate Bill No. 5681.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5681 on reconsideration.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5681, on reconsideration and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Lisk, Mason, Mastin, McDonald, McMorris, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Voting nay: Representatives Lambert, Linville, Mielke and Sherstad - 4.


             SENATE BILL NO. 5804, by Senators Finkbeiner and West; by request of Department of Revenue

 

Eliminating the requirement for a study of the property tax exemption and valuation rules for computer software.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives B. Thomas and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5804.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 5804 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Senate Bill No. 5804, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5867, by Senate Committee on Government Operations (originally sponsored by Senators Sellar, Hale and Kohl)

 

Allowing special excise taxes in certain cities and towns for tourism promotion.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Trade & Economic Development was adopted. (For committee amendments, see Journal, 82nd Day, April 4, 1997.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives B. Thomas and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5867 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5867 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Voting nay: Representatives Benson, Crouse and Sterk - 3.


             Substitute Senate Bill No. 5867, as amended by the House, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5903 and the bill held it’s place on the second reading calendar.


             ENGROSSED SUBSTITUTE SENATE BILL NO. 5970, by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Horn, Bauer, Heavey, Franklin and Anderson)

 

Modifying fireworks statutes.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris and Conway spoke in favor of passage of the bill.


             Representative Cooper spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5970.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5970 and the bill passed the House by the following vote: Yeas - 75, Nays - 23, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Appelwick, Backlund, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Morris, Mulliken, Ogden, Parlette, Pennington, Poulsen, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Zellinsky and Mr. Speaker - 75.

             Voting nay: Representatives Anderson, Ballasiotes, Cooper, Costa, Fisher, Gardner, Lambert, Lantz, Mason, Mitchell, Murray, O'Brien, Quall, Radcliff, Regala, Romero, Scott, Sehlin, Sommers, D., Sommers, H., Sterk, Wolfe and Wood - 23.


             Engrossed Substitute Senate Bill No. 5970, having received the constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Substitute Senate Bill No. 5970.


DUANE SOMMERS, 6th District


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on Engrossed Substitute Senate Bill No. 5970.


PATRICIA SCOTT, 38th District


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


MESSAGE FROM THE SENATE


April 9, 1997

Mr. Speaker:


             The Senate has passed ENGROSSED HOUSE BILL NO. 3901 with the following attached amendment(s):


             Strike everything after the enacting clause and insert the following:

             NEW SECTION. Sec. 1. LEGISLATIVE INTENT AND FINDINGS. The legislature finds that the federal personal responsibility and work opportunity reconciliation act of 1996 presents both opportunities and challenges for the states as they develop methods of moving families in poverty from welfare to work. The legislature further finds that, although many of the goals of the federal act coincide with Washington state's vision for enabling families to achieve eventual economic self-sufficiency through private, unsubsidized employment, the treatment of legal immigrants under the federal act does not reflect Washington's commitment to those legal immigrants within Washington's borders who have played by the rules, and who live in our communities and participate in the American way of life, providing economic and cultural enrichment to Washington state's population.

             The legislature finds that at least one-third of public assistance recipients have experience in the work force and sufficient training to enable them to obtain unsubsidized employment. The legislature intends to put a priority on finding jobs, which may include on-the-job training, for this group of public assistance recipients. The legislature intends that state agencies involved in welfare reform shall reorganize to accomplish this priority. The legislature intends that state agencies solicit from businesses information about job opportunities and make the information available to public assistance recipients.

             The legislature intends that legal immigrants who obey the laws of Washington, and who were granted permission to immigrate by the federal government, should be treated as equitably as possible under the state's enactment and implementation of public assistance programs.

             The legislature finds that Washington state's goals in implementing the federal act include promoting the American values of work, education, and responsibility, including responsible childbearing and dedication by both parents to protecting, supporting, and bringing up children to become responsible, productive Americans. This has been the goal and the dream of generations of Americans, whether native born or naturalized citizens.

             The legislature finds that it is necessary, to enable people to leave welfare, to encourage a new alliance of state and local government, business, churches, nonprofit organizations, and individuals to dedicate themselves, within the letter and the spirit of the law, to helping families in poverty overcome barriers, obtain support, direction, and encouragement, and become contributors to the American way of life.

             The legislature finds that, in pursuance of these goals, it is also necessary to establish policy that recognizes our moral imperative to protect children when their parents or other adults in a child's life are unable or unwilling to do so, and to continue our commitment to the elderly, frail, and vulnerable for whom work is not an option.

             The legislature reaffirms its commitment to provide medical services to eligible legal immigrants under the children's health program established under RCW 74.09.405. The legislature affirms its commitment to provide the benefits of the maternity care access program under RCW 74.09.800 to documented and undocumented immigrants who qualify.

             The legislature finds that family structure and relationships are critical to the long-term success and economic self-sufficiency of recipients of temporary assistance for needy families and their children. The department and its employees shall communicate clearly to recipients of temporary assistance for needy families the importance of healthy and safe marriages and family relationships.


             NEW SECTION. Sec. 2. SHORT TITLE. This act may be known and cited as the Washington WorkFirst temporary assistance for needy families act.


I. GENERAL PROVISIONS


             Sec. 101. RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:

             (1) Public assistance ((shall)) may be awarded to any applicant:

             (((1))) (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and

             (((2))) (b) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and

             (((3))) (c) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.

             (2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the state of Washington for fewer than twelve consecutive months immediately preceding application for assistance is limited to the benefit level in the state in which the person resided immediately before Washington, using the eligibility rules and other definitions established under this chapter, that was obtainable on the date of application in Washington state, if the benefit level of the prior state is lower than the level provided to similarly situated applicants in Washington state. The benefit level under this subsection shall be in effect for the first twelve months a recipient is on temporary assistance for needy families in Washington state.

             (3) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.

             (4) In order to be eligible for temporary assistance for needy families and food stamp program benefits, any applicant with a felony conviction after August 21, 1996, involving drug use or possession, must: (a) Have been assessed as chemically dependent by a chemical dependency program approved under chapter 70.96A RCW and be participating in or have completed a coordinated rehabilitation plan consisting of chemical dependency treatment and vocational services; and (b) have not been convicted of a felony involving drug use or possession in the three years prior to the most current conviction.


             Sec. 102. RCW 74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:

             All assistance granted under this title shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by such amending or repealing act. There is no legal entitlement to public assistance.


             NEW SECTION. Sec. 103. TIME LIMITS. (1) A family that includes an adult who has received temporary assistance for needy families for sixty months after the effective date of this section shall be ineligible for further temporary assistance for needy families assistance.

             (2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the family member was a minor child and not the head of the household or married to the head of the household.

             (3) The department shall refer recipients who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.

             (4) The department may exempt a recipient and the recipient's family from the application of subsection (1) of this section by reason of hardship or if the recipient meets the family violence options of section 402(A)(7) of Title IVA of the federal social security act as amended by P.L. 104-193. The number of recipients and their families exempted from subsection (1) of this section for a fiscal year shall not exceed twenty percent of the average monthly number of recipients and their families to which assistance is provided under the temporary assistance for needy families program.

             (5) The department shall not exempt a recipient and his or her family from the application of subsection (1) of this section until after the recipient has received fifty-two months of assistance under this chapter.


             NEW SECTION. Sec. 104. ELECTRONIC BENEFIT TRANSFER. By October 2002, the department shall develop and implement an electronic benefit transfer system to be used for the delivery of public assistance benefits, including without limitation, food assistance.

             The department shall comply with P.L. 104-193, and shall cooperate with relevant federal agencies in the design and implementation of the electronic benefit transfer system.


             NEW SECTION. Sec. 105. The following acts or parts of acts are each repealed:

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

             (2) RCW 74.12.425 and 1994 c 299 s 10; and

             (3) RCW 74.04.660 and 1994 c 296 s 1, 1993 c 63 s 1, 1989 c 11 s 26, 1985 c 335 s 3, & 1981 1st ex.s. c 6 s 6.


             NEW SECTION. Sec. 106. (1) The department shall allow religiously affiliated organizations to provide services to families receiving temporary assistance for needy families on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under chapter 74.12 RCW.

             (2) The department shall adopt rules implementing this section, and the applicable sections of P.L. 104-193 related to services provided by charitable, religious, or private organizations.


             NEW SECTION. Sec. 107. A new section is added to chapter 74.12 RCW to read as follows:

             The department shall (1) provide eligible Indian tribes ongoing, meaningful opportunities to participate in the development, oversight, and operation of the state temporary assistance for needy families program; (2) certify annually that it is providing equitable access to the state temporary assistance for needy families program to Indian people whose tribe is not administering a tribal temporary assistance for needy families program; (3) coordinate and cooperate with eligible Indian tribes that elect to operate a tribal temporary assistance for needy families program as provided for in P.L. 104-193; (4) upon approval by the secretary of the federal department of health and human services of a tribal temporary assistance for needy families program, transfer a fair and equitable amount of the state maintenance of effort funds to the eligible Indian tribe; and (5) establish rules related to the operation of this section and section 108 of this act, covering, at a minimum, appropriate uses of state maintenance of effort funds and annual reports on program operations. The legislature shall specify the amount of state maintenance of effort funds to be transferred in the biennial appropriations act.


             NEW SECTION. Sec. 108. A new section is added to chapter 74.12 RCW to read as follows:

             An eligible Indian tribe exercising its authority under P.L. 104-193 to operate a tribal temporary assistance for needy families program shall operate the program on a state fiscal year basis. If a tribe decides to cancel a tribal temporary assistance for needy families program, it shall notify the department no later than ninety days prior to the start of the state fiscal year.


             NEW SECTION. Sec. 109. A new section is added to chapter 74.12 RCW to read as follows:

             WRITTEN MATERIAL. All forms, letters, and documents sent to recipients of assistance shall be easy to read and comprehend. The department shall ensure that all forms, letters, and documents covered by this section shall be written at an eighth grade comprehension level.


             NEW SECTION. Sec. 110. A new section is added to chapter 74.12 RCW to read as follows:

             FOOD STAMP WORK REQUIREMENTS. Single adults without dependents between eighteen and fifty years of age shall comply with federal food stamp work requirements as a condition of eligibility. The department may exempt any counties or subcounty areas from the federal food stamp work requirements in P.L. 104-193, unless the department receives written evidence of official action by a county or subcounty governing entity, taken after noticed consideration, that indicates that a county or subcounty area chooses not to use an exemption to the federal food stamp work requirements.


II. IMMIGRANT PROTECTION


             Sec. 201. RCW 74.09.510 and 1991 sp.s. c 8 s 8 are each amended to read as follows:

             Medical assistance may be provided in accordance with eligibility requirements established by the department ((of social and health services)), as defined in the social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, who would be eligible for ((aid to families with dependent children)) temporary assistance for needy families, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who ((would be eligible for but choose not to receive cash assistance)) meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; ((and)) (7) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and (8) persons allowed by section 1931 of the social security act for whom funding is appropriated.


             NEW SECTION. Sec. 202. IMMIGRANTS--ELIGIBILITY. It is the intent of the legislature that all legal immigrants who resided in the United States before August 22, 1996, retain eligibility for assistance programs the same as or similar to those from which they lost benefits as a result of P.L. 104-193. The legislature also intends that sponsors' incomes continue to be deemed for these individuals in the same manner it was addressed prior to August 22, 1996.

             Accordingly, the state shall exercise its option under P.L. 104-193 to continue services to legal immigrants under temporary assistance for needy families, medicaid, and social services block grant programs. Legal immigrants who lose benefits under the supplemental security income program as a result of P.L. 104-193 are immediately eligible to apply for benefits under the state's general assistance-unemployable program. The department shall redetermine income and resource eligibility at least annually, in accordance with existing state policy. It is the policy of the legislature to distinguish between legal immigrants living in the United States prior to August 22, 1996, and those who immigrated on or after the enactment of P.L. 104-193. The postenactment legal immigrants are subject to a five-year benefit exclusion for means-tested public assistance programs and are subject to the sponsor-deeming provisions of section 206 of this act, which shall be strictly construed in favor of benefit denial.


             NEW SECTION. Sec. 203. INCOME AVERAGING--BENEFIT DETERMINATION. In the case of applicants for temporary assistance for needy families whose principal source of earned income is seasonal employment, the department shall determine eligibility and benefit levels by retrospectively considering the applicant's earned income for the twelve-month period immediately preceding the application for assistance. The earned income shall be prorated on an annual basis, and the prorated amount used for eligibility and benefit determination in the prospective month. Assistance shall be denied until the applicant's prorated prior twelve months of income equals a monthly amount at or below the eligibility level. The intent of the legislature is to ensure that persons with seasonal earned income that, if prorated on an annual basis, would have exceeded the level qualifying them for assistance will be denied assistance until such time as they qualify on a prorated basis.


             NEW SECTION. Sec. 204. NATURALIZATION FACILITATION. The department shall make an affirmative effort to identify and proactively contact legal immigrants receiving public assistance to facilitate their applications for naturalization. The department shall obtain a complete list of legal immigrants in Washington who are receiving correspondence regarding their eligibility from the social security administration. The department shall inform immigrants regarding how citizenship may be attained. In order to facilitate the citizenship process, the department shall coordinate and contract, to the extent necessary, with existing public and private resources and shall, within available funds, ensure that those immigrants who qualify to apply for naturalization are referred to or otherwise offered classes. The department shall assist eligible immigrants in obtaining appropriate test exemptions, and other exemptions in the naturalization process, to the extent permitted under federal law. The department shall report annually by December 15th to the legislature regarding the progress and barriers of the immigrant naturalization facilitation effort. It is the intent of the legislature that persons receiving naturalization assistance be facilitated in obtaining citizenship within two years of their eligibility to apply.


             NEW SECTION. Sec. 205. SPONSOR DEEMING. (1) Except as provided in subsection (5) of this section, qualified aliens and aliens permanently residing under color of law who are recipients of public assistance under this title as of August 22, 1996, shall have their eligibility for assistance redetermined.

             (2) Qualified aliens who enter the United States of America after August 22, 1996, are ineligible to receive public assistance under this title for a period of five years, except as provided in subsection (6) of this section. Following their period of ineligibility, their eligibility for public assistance shall be determined as provided for in this section.

             (3) In determining the eligibility and the amount of benefits of a qualified alien or an alien permanently residing under color of law for public assistance under this title, the income and resources of the alien shall be deemed to include the income and resources of any person and his or her spouse who executed an affidavit of support pursuant to section 213A of the federal immigration and naturalization act on behalf of the alien. The deeming provisions of this subsection shall be waived if the sponsor dies or is permanently incapacitated during the period the affidavit of support is valid.

             (4) As used in this section, "qualified alien" has the meaning provided it in P.L. 104-193.

             (5)(a) Qualified aliens specified under sections 403, 412, and 552 (e) and (f), subtitle B, Title IV, of P.L. 104-193 and in P.L. 104-208, are exempt from this section.

             (b) Qualified aliens who served in the armed forces of an allied country, or were employed by an agency of the federal government, during a military conflict between the United States of America and a military adversary are exempt from the provisions of this section.

             (c) Qualified aliens who are victims of domestic violence and petition for legal status under the federal violence against women act are exempt from the provisions of this section.

             (d) Until January 1, 1999, a qualified alien whose sponsor dies or is permanently incapacitated is exempt from this section.

             (6) Subsection (2) of this section does not apply to the following state benefits:

             (a) Assistance described in P.L. 104-193 sections 403(c)(H) through (K), 411(b)(1), 421(b), and P.L. 104-208;

             (b) Short-term, noncash, in-kind emergency disaster relief;

             (c) Programs comparable to assistance or benefits under the federal national school lunch act;

             (d) Programs comparable to assistance or benefits under the federal child nutrition act of 1966;

             (e) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not the symptoms are caused by a communicable disease;

             (f) Payments for foster care and adoption assistance;

             (g) Programs, services, or assistance where eligibility is not determined by employees of the department of social and health services;

             (h) Programs, services, or assistance such as meals from a soup kitchen, crisis counseling and intervention, and short-term shelter, specified by the attorney general, after consultation with appropriate agencies and departments, that:

             (i) Deliver in-kind services at the community level, including through public or private nonprofit agencies;

             (ii) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

             (iii) Are necessary for the protection of life or safety.


             NEW SECTION. Sec. 206. A new section is added to chapter 74.04 RCW to read as follows:

             FOOD ASSISTANCE. (1) The department may establish a food assistance program for persons whose immigrant status meets the eligibility requirements of the federal food stamp program as of August 21, 1996, but who are no longer eligible solely due to their immigrant status under P.L. 104-193.

             (2) The rules for the state food assistance program shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status under P.L. 104-193.

             (3) The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget.

             (4) The department may enter into a contract with the United States department of agriculture to use the existing federal food stamp program coupon system for the purposes of administering the state food assistance program.

             (5) In the event the department is unable to enter into a contract with the United States department of agriculture, the department may issue vouchers to eligible households for the purchase of eligible foods at participating retailers.


             Sec. 207. RCW 74.09.800 and 1993 c 407 s 10 are each amended to read as follows:

             The department shall, consistent with the state budget act, develop a maternity care access program designed to ensure healthy birth outcomes as follows:

             (1) Provide maternity care services to low-income pregnant women and health care services to children in poverty to the maximum extent allowable under the medical assistance program, Title XIX of the federal social security act;

             (2) Provide maternity care services to low-income women who are not eligible to receive such services under the medical assistance program, Title XIX of the federal social security act;

             (3) By January 1, 1990, have the following procedures in place to improve access to maternity care services and eligibility determinations for pregnant women applying for maternity care services under the medical assistance program, Title XIX of the federal social security act:

             (a) Use of a shortened and simplified application form;

             (b) Outstationing department staff to make eligibility determinations;

             (c) Establishing local plans at the county and regional level, coordinated by the department; and

             (d) Conducting an interview for the purpose of determining medical assistance eligibility within five working days of the date of an application by a pregnant woman and making an eligibility determination within fifteen working days of the date of application by a pregnant woman;

             (4) Establish a maternity care case management system that shall assist at-risk eligible persons with obtaining medical assistance benefits and receiving maternity care services, including transportation and child care services;

             (5) Within available resources, establish appropriate reimbursement levels for maternity care providers;

             (6) Implement a broad-based public education program that stresses the importance of obtaining maternity care early during pregnancy;

             (7) Refer persons eligible for maternity care services under the program established by this section to persons, agencies, or organizations with maternity care service practices that primarily emphasize healthy birth outcomes;

             (8) Provide family planning services including information about the synthetic progestin capsule implant form of contraception, for twelve months immediately following a pregnancy to women who were eligible for medical assistance under the maternity care access program during that pregnancy or who were eligible only for emergency labor and delivery services during that pregnancy; and

             (9) Within available resources, provide family planning services to women who meet the financial eligibility requirements for services under subsections (1) and (2) of this section.

             The legislature reaffirms its commitment to provide health care services under this section to eligible immigrants, regardless of documented or undocumented status.


III. WASHINGTON WORKFIRST PROGRAM


             NEW SECTION. Sec. 301. It is the intent of the legislature that all applicants to the Washington WorkFirst program shall be focused on obtaining paid, unsubsidized employment. The focus of the Washington WorkFirst program shall be work for all recipients.


             NEW SECTION. Sec. 302. DIVERSION ASSISTANCE. (1) In order to prevent some families from developing dependency on temporary assistance for needy families, the department shall make available to qualifying applicants a diversion program designed to provide brief, emergency assistance for families in crisis whose income and assets would otherwise qualify them for temporary assistance for needy families.

             (2) Diversion assistance may include cash or vouchers in payment for the following needs:

             (a) Child care;

             (b) Housing assistance;

             (c) Transportation-related expenses;

             (d) Food;

             (e) Medical costs for the recipient's immediate family;

             (f) Employment-related expenses which are necessary to keep or obtain paid unsubsidized employment. 

             (3) Diversion assistance is available once in each twelve-month period for each adult applicant. Recipients of diversion assistance are not included in the temporary assistance for needy families program.

             (4) Diversion assistance may not exceed one thousand five hundred dollars for each instance.

             (5) To be eligible for diversion assistance, a family must otherwise be eligible for temporary assistance for needy families.

             (6) Families ineligible for temporary assistance for needy families or general assistance due to sanction, noncompliance, the lump sum income rule, or any other reason are not eligible for diversion assistance.

             (7) Families must provide evidence showing that a bona fide need exists according to subsection (2) of this section in order to be eligible for diversion assistance.

             An adult applicant may receive diversion assistance of any type no more than once per twelve-month period. If the recipient of diversion assistance is placed on the temporary assistance for needy families program within twelve months of receiving diversion assistance, the prorated dollar value of the assistance shall be treated as a loan from the state, and recovered by deduction from the recipient's cash grant.


             Sec. 303. RCW 74.08.331 and 1992 c 7 s 59 are each amended to read as follows:

             Any person who by means of a willfully false statement, or representation, or impersonation, or a willful failure to reveal any material fact, condition or circumstance affecting eligibility ((of [or])) or need for assistance, including medical care, surplus commodities and food stamps, as required by law, or a willful failure to promptly notify the county office in writing as required by law or any change in status in respect to resources, or income, or need, or family composition, money contribution and other support, from whatever source derived, including unemployment insurance, or any other change in circumstances affecting the person's eligibility or need for assistance, or other fraudulent device, obtains, or attempts to obtain, or aids or abets any person to obtain any public assistance to which the person is not entitled or greater public assistance than that to which he or she is justly entitled shall be guilty of grand larceny and upon conviction thereof shall be punished by imprisonment in a state correctional facility for not more than fifteen years.

             Any person who by means of a willfully false statement or representation or by impersonation or other fraudulent device aids or abets in buying, selling, or in any other way disposing of the real property of a recipient of public assistance without the consent of the secretary shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than one year in the county jail or a fine of not to exceed one thousand dollars or by both.


             NEW SECTION. Sec. 304. A new section is added to chapter 28A.630 RCW to read as follows:

             SCHOOL-TO-WORK TRANSITIONS. (1) The legislature finds that students who do not prepare for postsecondary education, training, and employment are more likely to become dependent on state assistance programs than those who do make such preparation and that long-term employment and earning outcomes for youth can be significantly improved through school-to-work transition efforts, particularly through work-based learning experiences. The legislature intends that every effort be made to involve all youth in preparation for postsecondary education, training, and employment, including out-of-school youth.

             (2) Washington is engaged in developing school-to-work transitions for all youth, which involves preparation for postsecondary education, training, and employment and requires outreach to out-of-school youth. All school-to-work transition projects in the state, therefore, whether funded by state or federal funds, shall contain an outreach component directed toward school-age youth not currently enrolled in school and demonstrate the involvement of all in-school youth in preparation for postsecondary education or training or employment. At the time a school-to-work grant is made, the superintendent of public instruction shall withhold twenty percent of the grant award and release the funds upon a showing that the project has satisfactorily included outreach to out-of-school youth and progress in involving students not traditionally engaged in preparation for postsecondary education, training, or employment.

             (3) The office of the superintendent of public instruction shall provide technical assistance to ensure that school districts establish and operate outreach efforts under this section, and to include out-of-school youth in school-to-work efforts within available funds.


             Sec. 305. RCW 28A.630.876 and 1993 c 335 s 8 are each amended to read as follows:

             (1) The superintendent of public instruction shall report to the education committees of the legislature and committees of the legislature handling economic development and social welfare issues on the progress of the schools for the school-to-work transitions program by December 15 of each odd-numbered year.

             (2) Each school district selected to participate in the ((academic and vocational integration development)) school-to-work transitions program shall submit an annual report to the superintendent of public instruction on the progress of the project as a condition of receipt of continued funding.


             NEW SECTION. Sec. 306. A new section is added to chapter 43.30 RCW to read as follows:

             JOBS FOR THE ENVIRONMENT PROGRAMS. In any jobs for the environment program designed to train and employ displaced natural resource workers and operated by the department of natural resources, recipients of temporary assistance for needy families from natural resource areas who are engaged in work search activities are eligible for training and employment on the same basis as displaced natural resource workers within available funds.


             NEW SECTION. Sec. 307. INDIVIDUAL DEVELOPMENT ACCOUNTS. The department shall carry out a program to fund individual development accounts established by recipients eligible for assistance under the temporary assistance for needy families program.

             (1) An individual development account may be established by or on behalf of a recipient eligible for assistance provided under the temporary assistance for needy families program operated under this title for the purpose of enabling the recipient to accumulate funds for a qualified purpose described in subsection (2) of this section.

             (2) A qualified purpose as described in this subsection is one or more of the following, as provided by the qualified entity providing assistance to the individual:

             (a) Postsecondary expenses paid from an individual development account directly to an eligible educational institution;

             (b) Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time home buyer, if paid from an individual development account directly to the persons to whom the amounts are due;

             (c) Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses.

             (3) A recipient may only contribute to an individual development account such amounts as are derived from earned income, as defined in section 911(d)(2) of the internal revenue code of 1986.

             (4) The department shall establish rules to ensure funds held in an individual development account are only withdrawn for a qualified purpose as provided in this section.

             (5) An individual development account established under this section shall be a trust created or organized in the United States and funded through periodic contributions by the establishing recipient and matched by or through a qualified entity for a qualified purpose as provided in this section.

             (6) For the purpose of determining eligibility for any assistance provided under this title, all funds in an individual development account under this section shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.

             (7) The department shall adopt rules authorizing the use of organizations using microcredit and microenterprise approaches to assisting low-income families to become financially self-sufficient.

             (8) The department shall adopt rules implementing the use of individual development accounts by recipients of temporary assistance for needy families.

             (9) For the purposes of this section, "eligible educational institution," "postsecondary educational expenses," "qualified acquisition costs," "qualified business," "qualified business capitalization expenses," "qualified expenditures," "qualified first-time home buyer," "date of acquisition," "qualified plan," and "qualified principal residence" include the meanings provided for them in P.L. 104-193.


             NEW SECTION. Sec. 308. EARNINGS DISREGARDS AND EARNED INCOME CUTOFFS. (1) In addition to their monthly benefit payment, a family may earn and keep one-half of its earnings during every month it is eligible to receive assistance under this section.

             (2) In no event may a family be eligible for temporary assistance for needy families if its monthly gross earned income exceeds the maximum earned income level as set by the department. In calculating a household's gross earnings, the department shall disregard the earnings of a minor child who is:

             (a) A full-time student; or

             (b) A part-time student carrying at least half the normal school load and working fewer than thirty-five hours per week.


             Sec. 309. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:

             For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:

             (1) "Public assistance" or "assistance"—Public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.

             (2) "Department"—The department of social and health services.

             (3) "County or local office"—The administrative office for one or more counties or designated service areas.

             (4) "Director" or "secretary" means the secretary of social and health services.

             (5) "Federal-aid assistance"—The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.

             (6)(a) "General assistance"—Aid to persons in need who:

             (i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;

             (ii) Meet one of the following conditions:

             (A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal ((aid to families with dependent children)) temporary assistance for needy families program((: PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance)); or

             (B) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department.

             (C) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;

             (iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and

             (iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.

             (b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:

             (i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or

             (ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of ((aid to families with dependent children)) temporary assistance for needy families whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.

             (c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:

             (i) First failure: One week;

             (ii) Second failure within six months: One month;

             (iii) Third and subsequent failure within one year: Two months.

             (d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.

             (e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.

             (f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.

             (g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal ((aid to families with dependent children)) temporary assistance for needy families program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal ((aid to families with dependent children)) temporary assistance for needy families program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.

             (7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.

             (8) "Recipient"—Any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.

             (9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.

             (10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent: PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.

             (a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.

             (b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.

             (c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed ((one)) five thousand ((five hundred)) dollars.

             (d) A motor vehicle necessary to transport a physically disabled household member. This exclusion is limited to one vehicle per physically disabled person.

             (e) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of temporary assistance for needy families to exempt savings accounts with combined balances of up to an additional three thousand dollars.

             (((e))) (f) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the ((aid to families with dependent children)) temporary assistance for needy families program rules adopted by the department.

             (((f))) (g) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:

             (A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;

             (B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;

             (C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and

             (D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.

             (11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of ((aid to families with dependent children)) temporary assistance for needy families is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.

             (b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.

             (12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.

             (13) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.

             (14) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.


             NEW SECTION. Sec. 310. NONCUSTODIAL PARENTS IN WORK PROGRAMS. The department may provide Washington WorkFirst activities or make cross-referrals to existing programs to qualifying noncustodial parents of children receiving temporary assistance for needy families who are unable to meet their child support obligations. Services authorized under this section shall be provided within available funds.


             NEW SECTION. Sec. 311. DEFINITIONS. Unless the context clearly requires otherwise, as used in this chapter, "work activity" means:

             (1) Unsubsidized paid employment in the private or public sector;

             (2) Subsidized paid employment in the private or public sector;

             (3) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient paid employment is not available;

             (4) On-the-job training;

             (5) Job search and job readiness assistance;

             (6) Community service programs;

             (7) Vocational educational training, not to exceed twelve months with respect to any individual;

             (8) Job skills training directly related to employment;

             (9) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a GED;

             (10) Satisfactory attendance at secondary school or in a course of study leading to a GED, in the case of a recipient who has not completed secondary school or received such a certificate;

             (11) The provision of child care services to an individual who is participating in a community service program; and

             (12) Services required by the recipient under RCW 74.08.025(3) and 74.--.---(3) (section 103(3) of this act) to become employable.


             NEW SECTION. Sec. 312. JOB SEARCH OR WORK ACTIVITY. (1) There is established in the department the Washington WorkFirst program. The department shall administer the program consistent with the temporary assistance for needy families provisions of P.L. 104-193. In operating the WorkFirst program the department shall meet the minimum work participation rates specified in federal law, and shall require recipients of assistance to engage in job search and work activities as an ongoing condition of eligibility.

             (2) Upon application to the temporary assistance for needy families program, each recipient shall be placed in the job search component. For recipients who have been approved for assistance before the effective date of this section, the job search component shall be completed no later than one hundred eighty days after the effective date of this section.

             (3) The Washington WorkFirst program shall include a job search component in which each nonexempt recipient of temporary assistance for needy families shall participate. The job search component may not last more than four weeks for each recipient. Each recipient shall be required to attend job search component activities at least thirty-six hours per week. Failure to participate in the job search component shall result in sanctions under section 313 of this act. The job search component shall serve as the assessment tool to comply with federal law. If a recipient fails to find paid employment during the job search component, the department may refer the recipient to those work activities that are directly related to improving the recipient's employability.

             (4) As used in this section, "job search component" means an activity in which nonexempt recipients engage each weekday upon entering the Washington WorkFirst program. The component shall provide at least three hours per weekday of classroom instruction on how to secure a job and at least three hours per weekday of individual job search activities.


             NEW SECTION. Sec. 313. PLACEMENT INTO WORK ACTIVITY. Recipients who have not obtained paid, unsubsidized employment by the end of the job search component authorized in section 312 of this act shall be referred to a work activity.

             (1) Each recipient shall be assessed immediately upon completion of the job search component. Assessments shall be based upon factors that are critical to obtaining employment, including but not limited to education, employment strengths, and employment history. Assessments may be performed by the department or by a contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by all agencies and organizations serving the recipient. Based on the assessment, an individual responsibility plan shall be prepared that: (a) Sets forth an employment goal and a plan for moving the recipient immediately into employment; (b) contains the obligation of the recipient to become and remain employed; (c) moves the recipient into whatever employment the recipient is capable of handling as quickly as possible; and (d) describes the services available to the recipient to enable the recipient to obtain and keep employment.

             (2) Recipients who are not engaged in work and work activities, and do not qualify for a good cause exemption under section 314 of this act, shall engage in self-directed service as provided in section 326 of this act.

             (3) If a recipient refuses to engage in work and work activities required by the department, the family's grant shall be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated.

             (4) The department may waive the penalties required under subsection (3) of this section, subject to a finding that the recipient refused to engage in work for good cause provided in section 314 of this act.

             (5) In implementing this section, the department shall assign the highest priority to the most employable clients, including adults in two-parent families and parents in single-parent families that include older preschool or school age children to be engaged in work activities.

             (6) In consultation with the recipient, the department or contractor shall place the recipient into a work activity that is available in the local area where the recipient resides.


             NEW SECTION. Sec. 314. GOOD CAUSE. Good cause reasons for failure to participate in WorkFirst program components include: (1) Situations where the recipient is a parent or other relative personally providing care for a child under the age of six years, and formal or informal 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 fails to provide such care; or (2) until June 30, 1999, if the recipient is a parent with a child under the age of one year. A parent may only receive this exemption for a total of twelve months, which may be consecutive or nonconsecutive; or (3) after June 30, 1999, if the recipient is a parent with a child under three months of age.


             NEW SECTION. Sec. 315. WORKFIRST--GOALS--CONTRACTS--SERVICE AREAS--PLANS. (1) The legislature finds that moving those eligible for assistance to self-sustaining employment is a goal of the WorkFirst program. It is the intent of WorkFirst to aid a participant's progress to self-sufficiency by allowing flexibility within the state-wide program to reflect community resources, the local characteristics of the labor market, and the composition of the caseload. Program success will be enhanced through effective coordination at regional and local levels, involving employers, labor representatives, educators, community leaders, local governments, and social service providers.

             (2) The department, through its regional offices, shall collaborate with employers, recipients, frontline workers, educational institutions, labor, private industry councils, the work force training and education coordinating board, community rehabilitation employment programs, employment and training agencies, local governments, the employment security department, and community action agencies to develop work programs that are effective and work in their communities. For planning purposes, the department shall collect and make accessible to regional offices successful work program models from around the United States, including the employment partnership program, apprenticeship programs, microcredit, microenterprise, self-employment, and W-2 Wisconsin works. Work programs shall incorporate local volunteer citizens in their planning and implementation phases to ensure community relevance and success.

             (3) To reduce administrative costs and to ensure equal state-wide access to services, the department may develop contracts for state-wide welfare-to-work services. These state-wide contracts shall support regional flexibility and ensure that resources follow local labor market opportunities and recipients' needs.

             (4) The secretary shall establish WorkFirst service areas for purposes of planning WorkFirst programs and for distributing WorkFirst resources. Service areas shall reflect department regions.

             (5) By July 31st of each odd-numbered year, a plan for the WorkFirst program shall be developed for each region. The plan shall be prepared in consultation with local and regional sources, adapting the state-wide WorkFirst program to achieve maximum effect for the participants and the communities within which they reside. Local consultation shall include to the greatest extent possible input from local and regional planning bodies for social services and work force development. The regional and local administrator shall consult with employers of various sizes, labor representatives, training and education providers, program participants, economic development organizations, community organizations, tribes, and local governments in the preparation of the service area plan.

             (6) The secretary has final authority in plan approval or modification. Regional program implementation may deviate from the state-wide program if specified in a service area plan, as approved by the secretary.


             NEW SECTION. Sec. 316. WORK PROGRAM CONTRACTS. (1) It is the intent of the legislature that the department is authorized to engage in competitive contracting using performance-based contracts to provide all work activities authorized in chapter . . ., Laws of 1997 (this act), including the job search component authorized in section 312 of this act.

             (2) The department may use competitive performance-based contracting to select which vendors will participate in the WorkFirst program. Performance-based contracts shall be awarded based on factors that include but are not limited to the criteria listed in section 702 of this act, past performance of the contractor, demonstrated ability to perform the contract effectively, financial strength of the contractor, and merits of the proposal for services submitted by the contractor. Contracts shall be made without regard to whether the contractor is a public or private entity.

             (3) The department may contract for an evaluation of the competitive contracting practices and outcomes to be performed by an independent entity with expertise in government privatization and competitive strategies. The evaluation shall include quarterly progress reports to the fiscal committees of the legislature and to the governor, starting at the first quarter after the effective date of the first competitive contract and ending two years after the effective date of the first competitive contract.

             (4) The department shall seek independent assistance in developing contracting strategies to implement this section. Assistance may include but is not limited to development of contract language, design of requests for proposal, developing full cost information on government services, evaluation of bids, and providing for equal competition between private and public entities.


             NEW SECTION. Sec. 317. PLACEMENT BONUSES. In the case of service providers that are not public agencies, initial placement bonuses of no greater than five hundred dollars may be provided by the department for service entities responsible for placing recipients in an unsubsidized job for a minimum of twelve weeks, and the following additional bonuses shall also be provided:

             (1) A percent of the initial bonus if the job pays double the minimum wage;

             (2) A percent of the initial bonus if the job provides health care;

             (3) A percent of the initial bonus if the job includes employer-provided child care needed by the recipient; and

             (4) A percent of the initial bonus if the recipient is continuously employed for two years.


             NEW SECTION. Sec. 318. No collective bargaining agreement may be entered into, extended, or renewed after the effective date of this section that prevents or restricts the authority of the department of social and health services to exercise the powers granted under sections 312 through 317 of this act and RCW 74.04.050.


             Sec. 319. RCW 74.04.050 and 1981 1st ex.s. c 6 s 3 are each amended to read as follows:

             (1) The department shall serve as the single state agency to administer public assistance. The department is hereby empowered and authorized to cooperate in the administration of such federal laws, consistent with the public assistance laws of this state, as may be necessary to qualify for federal funds for:

             (((1))) (a) Medical assistance;

             (((2) Aid to dependent children)) (b) Temporary assistance for needy families;

             (((3))) (c) Child welfare services; and

             (((4))) (d) Any other programs of public assistance for which provision for federal grants or funds may from time to time be made.

             (2) The state hereby accepts and assents to all the present provisions of the federal law under which federal grants or funds, goods, commodities and services are extended to the state for the support of programs administered by the department, and to such additional legislation as may subsequently be enacted as is not inconsistent with the purposes of this title, authorizing public welfare and assistance activities. The provisions of this title shall be so administered as to conform with federal requirements with respect to eligibility for the receipt of federal grants or funds.

             The department shall periodically make application for federal grants or funds and submit such plans, reports and data, as are required by any act of congress as a condition precedent to the receipt of federal funds for such assistance. The department shall make and enforce such rules and regulations as shall be necessary to insure compliance with the terms and conditions of such federal grants or funds.

             (3) The department may contract with public and private entities for administrative services for the following programs and functions: (a) Temporary assistance for needy families; (b) general assistance; (c) refugee services; (d) facilitation of eligibility for federal supplemental security income benefits; (e) medical assistance eligibility; and (f) food stamps.


             Sec. 320. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

             (1) Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.

             (2) Nothing in this chapter shall be construed to prohibit the department of social and health services from carrying out the provisions of sections 312 through 318 of this act and RCW 74.04.050.


             NEW SECTION. Sec. 321. FUNDING RESTRICTIONS. The department of social and health services shall operate the Washington WorkFirst program authorized under sections 301, 302, 307, 308, 310 through 318, 323 through 326, and 401 through 403 of this act, RCW 74.13.0903 and 74.25.040, and chapter 74.12 RCW within the following constraints:

             (1) The full amount of the temporary assistance for needy families block grant, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the department each year in the biennial appropriations act to carry out the provisions of the program authorized in sections 301, 302, 307, 308, 310 through 318, 323 through 326, and 401 through 403 of this act, RCW 74.13.0903 and 74.25.040, and chapter 74.12 RCW.

             (2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively accomplish the outcome measures defined in section 702 of this act. No more than fifteen percent of the amount provided in subsection (1) of this section may be spent for administrative purposes. For the purpose of this subsection, "administrative purposes" does not include expenditures for information technology and computerization needed for tracking and monitoring required by P.L. 104-193. The department shall not increase grant levels to recipients of the program authorized in sections 301, 302, 307, 308, 310 through 318, and 323 through 326 of this act and chapter 74.12 RCW.

             (3) The department shall implement strategies that accomplish the outcome measures identified in section 702 of this act that are within the funding constraints in this section. Specifically, the department shall implement strategies that will cause the number of cases in the program authorized in sections 301, 302, 307, 308, 310 through 318, and 323 through 326 of this act and chapter 74.12 RCW to decrease by at least fifteen percent during the 1997-99 biennium and by at least five percent in the subsequent biennium. The department may transfer appropriation authority between funding categories within the economic services program in order to carry out the requirements of this subsection.

             (4) The department shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section. The department shall quarterly make a determination as to whether expenditure levels will exceed available funding and communicate its finding to the legislature. If the determination indicates that expenditures will exceed funding at the end of the fiscal year, the department shall take all necessary actions to ensure that all services provided under this chapter shall be made available only to the extent of the availability and level of appropriation made by the legislature.


             NEW SECTION. Sec. 322. The following acts or parts of acts are each repealed:

             (1) RCW 74.25.010 and 1994 c 299 s 6 & 1991 c 126 s 5;

             (2) RCW 74.25.020 and 1993 c 312 s 7, 1992 c 165 s 3, & 1991 c 126 s 6;

             (3) RCW 74.25.030 and 1991 c 126 s 7;

             (4) RCW 74.25.900 and 1991 c 126 s 8; and

             (5) RCW 74.25.901 and 1991 c 126 s 9.


             NEW SECTION. Sec. 323. A new section is added to chapter 43.330 RCW to read as follows:

             ENTREPRENEURIAL ASSISTANCE--DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. (1) The department shall ensure that none of its rules or practices act to exclude recipients of temporary assistance for needy families from any small business loan opportunities or entrepreneurial assistance it makes available through its community development block grant program or otherwise provides using state or federal resources. The department shall encourage local administrators of microlending programs using public funds to conduct outreach activities to encourage recipients of temporary assistance for needy families to explore self-employment as an option. The department shall compile information on private and public sources of entrepreneurial assistance and loans for start-up businesses and provide the department of social and health services with the information for dissemination to recipients of temporary assistance for needy families.

             (2) The department shall, as part of its industrial recruitment efforts, work with the work force training and education coordinating board to identify the skill sets needed by companies locating in the state. The department shall provide the department of social and health services with the information about the companies' needs in order that recipients of public assistance and service providers assisting such recipients through training and placement programs may be informed and respond accordingly. The department shall work with the state board for community and technical colleges, the job skills program, the employment security department, and other employment and training programs to facilitate the inclusion of recipients of temporary assistance for needy families in relevant training that would make them good employees for recruited firms.

             (3) The department shall perform the duties under this section within available funds.


             NEW SECTION. Sec. 324. JOB ASSISTANCE--DEPARTMENT OF SOCIAL AND HEALTH SERVICES. The department shall:

             (1) Notify recipients of temporary assistance for needy families that self-employment is one method of leaving state assistance. The department shall provide its regional offices, recipients of temporary assistance for needy families, and any contractors providing job search, training, or placement services notification of programs available in the state for entrepreneurial training, technical assistance, and loans available for start-up businesses;

             (2) Provide recipients of temporary assistance for needy families and service providers assisting such recipients through training and placement programs with information it receives about the skills and training required by firms locating in the state;

             (3) Encourage recipients of temporary assistance for needy families that are in need of basic skills to seek out programs that integrate basic skills training with occupational training and workplace experience.


             NEW SECTION. Sec. 325. WAGE SUBSIDY PROGRAM. The department shall establish a wage subsidy program for recipients of temporary assistance for needy families. The department shall give preference in job placements to private sector employers that have agreed to participate in the wage subsidy program. The department shall identify characteristics of employers who can meet the employment goals stated in section 702 of this act. The department shall use these characteristics in identifying which employers may participate in the program. The department shall adopt rules for the participation of recipients of temporary assistance for needy families in the wage subsidy program. Participants in the program established under this section may not be employed if: (1) The employer has terminated the employment of any current employee or otherwise caused an involuntary reduction of its work force in order to fill the vacancy so created with the participant; or (2) the participant displaces or partially displaces current employees. Employers providing positions created under this section shall meet the requirements of chapter 49.46 RCW. This section shall not diminish or result in the infringement of obligations or rights under chapters 41.06, 41.56, and 49.36 RCW and the national labor relations act, 29 U.S.C. Ch. 7. The department shall establish such local and state-wide advisory boards, including business and labor representatives, as it deems appropriate to assist in the implementation of the wage subsidy program. Once the recipient is hired, the wage subsidy shall be authorized for up to nine months.


             NEW SECTION. Sec. 326. COMMUNITY SERVICE PROGRAM. The department shall establish the community service program to provide the experience of work for recipients of public assistance. The program is intended to promote a strong work ethic for participating public assistance recipients. Under this program, public assistance recipients are required to volunteer to work for charitable nonprofit organizations and public agencies, or engage in another activity designed to benefit the recipient, the recipient's family, or the recipient's community, as determined by the department on a case-by-case basis. Participants in a community service or work experience program established by this chapter are deemed employees for the purpose of chapter 49.17 RCW. The cost of premiums under Title 51 RCW shall be paid for by the department for participants in a community service or work experience program. Participants in a community service or work experience program may not be placed if: (1) An employer has terminated the employment of any current employee or otherwise caused an involuntary reduction of its work force in order to fill the vacancy so created with the participant; or (2) the participant displaces or partially displaces current employees.


             Sec. 327. RCW 74.12A.020 and 1993 c 312 s 8 are each amended to read as follows:

             The department ((may)) shall provide grants to community action agencies or other local nonprofit organizations to provide job opportunities and basic skills training program participants with transitional support services, one-to-one assistance, case management, and job retention services.


             NEW SECTION. Sec. 328. A new section is added to chapter 74.12 RCW to read as follows:

             A grant provided under the temporary assistance for needy families program shall be provided on a pro rata basis to the extent the recipient complies with mandated work and work activity requirements.


             NEW SECTION. Sec. 329. A new section is added to chapter 74.12 RCW to read as follows:

             In determining eligibility for the temporary assistance for needy families program of an assistance unit under this title, if a household member is excluded from an assistance unit based on residency, alienage, or citizenship of the household member, the department shall allocate the full amount of the household's income to the assistance unit without deducting an amount for the support of the household member.


IV. CHILD CARE


             NEW SECTION. Sec. 401. The legislature finds 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.


             NEW SECTION. Sec. 402. CHILD CARE. (1) Within available funds, the department shall administer a single, integrated child care program which may serve families with incomes up to one hundred seventy-five percent of the federal poverty level.

             (2) All families participating in the child care program shall have equal access to the child care of their choice. However, the child care providers must comply with applicable licensing rules if they are required by law to comply with those rules.

             (3) The minimum copayment per family shall be at least ten dollars per month. Child care shall be provided on a sliding scale but may not be provided for any family whose income equals or exceeds one hundred seventy-five percent of the federal poverty level adjusted for family size on an annual income basis. For families with income between seventy-four and one hundred percent of the federal poverty level adjusted for family size, the monthly child care copayment shall be thirty percent of earned income in excess of seventy-four percent of federal poverty level adjusted for family size. For families with income at or above one hundred percent of the federal poverty level adjusted for family size, the copay shall be a minimum of one hundred dollars per month. For families with income between one hundred one and one hundred thirty percent of the federal poverty level adjusted for family size, the monthly copay shall be twenty-nine percent of earned income in excess of seventy-four percent of the federal poverty level adjusted for family size. For families with income between one hundred thirty-one and one hundred seventy-five percent of the federal poverty level adjusted for family size, the copay shall be fifty percent of earned income above one hundred percent of the federal poverty level adjusted for family size.

             (4) All compensable child care services authorized in this section shall be paid for through vouchers. Vouchers shall be provided to recipients and may only be used to purchase child care through the program created in this section.


             NEW SECTION. Sec. 403. (1) The legislature finds that to comply with P.L. 104-193 section 407(e)(2), Washington is obligated to provide appropriate and affordable child care for recipients of temporary assistance for needy families. To comply with this federal requirement and to avoid possible fiscal sanctions, the legislature intends to determine what constitutes affordable, accessible child care in Washington.

             (2) The Washington institute for public policy shall conduct a study of reasonable, affordable child care subsidy rates that are realistic for low-income working families. The institute for public policy shall review child care subsidy rates in use in other jurisdictions and shall model the economic impact of child care subsidy rates on low-income families. The institute for public policy shall report its findings and recommendations to the legislature no later than December 15, 1997.


             Sec. 404. RCW 74.13.0903 and 1993 c 453 s 2 are each amended to read as follows:

             The office of child care policy is established to operate under the authority of the department of social and health services. The duties and responsibilities of the office include, but are not limited to, the following, within appropriated funds:

             (1) Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;

             (2) Work in conjunction with the state-wide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;

             (3) Actively seek public and private money for distribution as grants to the state-wide child care resource and referral network and to existing or potential local child care resource and referral organizations;

             (4) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:

             (a) Provide parents with information about child care resources, including location of services and subsidies;

             (b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;

             (c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;

             (d) Provide information for businesses regarding child care supply and demand;

             (e) Advocate for increased public and private sector resources devoted to child care; ((and))

             (f) Provide technical assistance to employers regarding employee child care services; and

             (g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of one hundred seventy-five percent of the federal poverty line;

             (5) Provide staff support and technical assistance to the state-wide child care resource and referral network and local child care resource and referral organizations;

             (6) Maintain a state-wide child care licensing data bank and work with department of social and health services licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;

             (7) Through the state-wide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;

             (8) Coordinate with the state-wide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; and

             (9) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services.

 

             Sec. 405.            RCW 74.25.040 and 1994 c 299 s 8 are each amended to read as follows:

             (1) Recipients of ((aid to families with dependent children)) temporary assistance for needy families who are ((not)) employed or participating in ((an education or work training program)) a work activity under section 312 of this act may volunteer ((to)) or work in a licensed child care facility((, or other willing volunteer work site)). Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.

             (2) The department shall train two hundred fifty recipients of temporary assistance for needy families to become family child care providers or child care center teachers. The department shall offer the training in rural and urban communities. The department shall adopt rules to implement the child care training program in this section.

             (3) Recipients trained under this section shall provide child care services to clients of the department for two years following the completion of their child care training.


V. TEEN PARENTS

A. PERMISSIBLE LIVING SITUATIONS

 

             Sec. 501.            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, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care. An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

             (2) ((An applicant 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)) An unmarried minor parent or pregnant minor applicant residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, 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)) unmarried minor parent or pregnant minor applicant as to an appropriate living situation for the ((teen)) minor and his or her children, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

             The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

             (4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and unemployed, ((and requests information on adoption,)) the department shall, as part of the determination of the appropriate living situation, make an affirmative effort to provide current and positive information about adoption including referral to community-based organizations for counseling and provide information about the manner in which adoption works, its benefits for unmarried, unemployed minor parents and their children, and the meaning and availability of open adoption.

             (5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079.

 

             Sec. 502.            RCW 74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:

             (1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

             (2) ((An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be)) A pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, 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)) unmarried minor parent or pregnant minor applicant as to an appropriate living situation for the ((teen)) minor, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

             The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

             (4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and 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)) providing counseling.

             (5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079.


             NEW SECTION. Sec. 503.        TEEN PARENT REQUIREMENTS. All applicants under the age of eighteen years who are approved for assistance and, within one hundred eighty days after the date of federal certification of the Washington temporary assistance for needy families program, all unmarried minor parents or pregnant minor applicants shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED.


B. GRANDPARENT LIABILITY


             NEW SECTION. Sec. 504.        UNMARRIED MINOR PARENT--ELIGIBILITY. The unmarried minor parent 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 temporary assistance for needy families and general assistance for pregnant women as defined in RCW 74.04.005(6)(a)(ii)(A); 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. 505.           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 parent or pregnant minor applicant, 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 or pregnant minor applicant 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.


             Sec. 506.           RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:

             If the department, after investigation, finds that any applicant for assistance under this chapter or any recipient of funds under ((an aid to families with dependent children grant)) this chapter would not use, or is not utilizing, the grant adequately for the needs of ((the)) his or her child or children or would dissipate the grant or is ((otherwise)) dissipating such grant, or would be or is unable to manage adequately the funds paid on behalf of said child and that to provide or continue ((said)) payments to ((him)) the applicant or recipient would be contrary to the welfare of the child, the department may make such payments to another individual who is interested in or concerned with the welfare of such child and relative: PROVIDED, That the department shall provide such counseling and other services as are available and necessary to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family. Periodic review of each case shall be made by the department to determine if said relative is able to resume management of the assistance grant. If after a reasonable period of time the payments to the relative cannot be resumed, the department may request the attorney general to file a petition in the superior court for the appointment of a guardian for the child or children. Such petition shall set forth the facts warranting such appointment. Notice of the hearing on such petition shall be served upon the recipient and the department not less than ten days before the date set for such hearing. Such petition may be filed with the clerk of superior court and all process issued and served without payment of costs. If upon the hearing of such petition the court is satisfied that it is for the best interest of the child or children, and all parties concerned, that a guardian be appointed, he shall order the appointment, and may require the guardian to render to the court a detailed itemized account of expenditures of such assistance payments at such time as the court may deem advisable.

             It is the intention of this section that the guardianship herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance grants made to dependent children. Such guardianship shall terminate upon the termination of such assistance grant, or sooner on order of the court, upon good cause shown.


VI. ILLEGITIMACY PREVENTION AND ABSTINENCE PROMOTION


             Sec. 601. RCW 74.12.410 and 1994 c 299 s 3 are each amended to read as follows:

             (1) At time of application or reassessment under this chapter the department shall offer or contract for family planning information and assistance, including alternatives to abortion, and any other available locally based teen pregnancy prevention programs, to prospective and current recipients of aid to families with dependent children.

             (2) The department shall work in cooperation with the superintendent of public instruction to reduce the rate of illegitimate births and abortions in Washington state.

             (3) The department of health shall maximize federal funding by timely application for federal funds available under P.L. 104-193 and Title V of the federal social security act, 42 U.S.C. 701 et seq., as amended, for the establishment of qualifying abstinence education and motivation programs. The department of health shall contract, by competitive bid, with entities qualified to provide abstinence education and motivation programs in the state.

             (4) The department of health shall seek and accept local matching funds to the maximum extent allowable from qualified abstinence education and motivation programs.

             (5)(a) For purposes of this section, "qualifying abstinence education and motivation programs" are those bidders with experience in the conduct of the types of abstinence education and motivation programs set forth in Title V of the federal social security act, 42 U.S.C. Sec. 701 et seq., as amended.

             (b) The application for federal funds, contracting for abstinence education and motivation programs and performance of contracts under this section are subject to review and oversight by a joint committee of the legislature, composed of four legislative members, appointed by each of the two caucuses in each house.


VII. DEPARTMENT OF SOCIAL AND HEALTH SERVICES ACCOUNTABILITY

 

             NEW SECTION. Sec. 701.         It is the intent of the legislature that the Washington WorkFirst program focus on work and on personal responsibility for recipients. The program shall be evaluated among other evaluations, through a limited number of outcome measures designed to hold each community service office and economic services region accountable for program success.

 

             NEW SECTION. Sec. 702.         OUTCOME MEASURES. (1) The WorkFirst program shall develop outcome measures for use in evaluating the WorkFirst program authorized in chapter . . ., Laws of 1997 (this act), which may include but are not limited to:

             (a) Caseload reduction;

             (b) Recidivism to caseload after two years;

             (c) Job retention;

             (d) Earnings;

             (e) Reduction in average grant through increased recipient earnings; and

             (f) Placement of recipients into private sector, unsubsidized jobs.

             (2) The department shall require that contractors for WorkFirst services collect outcome measure information and report outcome measures to the department regularly. The department shall develop benchmarks that compare outcome measure information from all contractors to provide a clear indication of the most effective contractors. Benchmark information shall be published quarterly and provided to the legislature, the governor, and all contractors for WorkFirst services.

 

             NEW SECTION. Sec. 703.         EVALUATION. Every WorkFirst office, region, contract, employee, and contractor shall be evaluated using the criteria in section 702 of this act. The department shall award contracts to the highest performing entities according to the criteria in section 702 of this act. The department may provide for bonuses to offices, regions, and employees with the best outcomes according to measures in section 702 of this act.

 

             NEW SECTION. Sec. 704.         OUTCOME MEASURES--REPORT. The department shall provide a report to the appropriate committees of the legislature on achievement of the outcome measures by region and contract on an annual basis, no later than January 15th of each year, beginning in 1999. The report shall include how the department is using the outcome measure information obtained under section 702 of this act to manage the WorkFirst program.

 

             NEW SECTION. Sec. 705.         A new section is added to chapter 44.28 RCW to read as follows:

             WORKFIRST PROGRAM STUDY. (1) The joint legislative audit and review committee shall conduct an evaluation of the effectiveness of the WorkFirst program described in chapter . . ., Laws of 1997 (this act), including the job opportunities and basic skills training program and any approved private, county, or local government WorkFirst program. The evaluation shall assess the success of the program in assisting clients to become employed and to reduce their use of temporary assistance for needy families. The study shall include but not be limited to the following:

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

             (b) A comparison of temporary assistance for needy families outcomes, including grant amounts and program exits, for clients; and

             (c) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services. The joint legislative audit and review committee may contract with the Washington institute for public policy for appropriate portions of the evaluation required by this section.

             (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, local governments, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this study as a condition of contract compliance.


             NEW SECTION. Sec. 706. PATERNITY ESTABLISHMENT. In order to be eligible for temporary assistance for needy families, applicants shall, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn.


VIII. LICENSE SUSPENSION AND CHILD SUPPORT ENFORCEMENT

A. LICENSE SUSPENSION


             NEW SECTION. Sec. 801. It is the intent of the legislature to provide a strong incentive for persons owing child 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. To further ensure that child support obligations are met, sections 801 through 890 of this act establish a program by which certain licenses may be suspended or not renewed if a person is one hundred eighty days or more in arrears on child support payments.

             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. 802. A new section is added to chapter 74.20A RCW to read as follows:

             (1) 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 by certified mail, return receipt requested. If service by certified mail is not successful, service shall be by personal service.

             (2) 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 with the child support order. 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 or not renew the parent's license and the department of licensing will suspend or not renew any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a release from the department stating that the responsible parent is in compliance with the child support order;

             (g) If the department certifies the responsible parent as a person who is in noncompliance with a child support order, the department of fish and wildlife will suspend the fishing license, hunting license, commercial fishing license, or any other license issued under chapters 77.32, 77.28, and 75.25 RCW that the responsible parent may possess. Notice from the department of licensing that a responsible parent's driver's license has been suspended shall serve as notice of the suspension of a license issued under chapters 77.32 and 75.25 RCW;

             (h) 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;

             (i) 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, or if a motion for modification of a court or administrative order for child support is pending, the department or the court may stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. A stay shall not exceed six months unless the department finds good cause. 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

             (j) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a 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.

             (3) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (1) 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:

             (a) The person named as the responsible parent is the responsible parent;

             (b) The responsible parent is required to pay child support under a child support order; and

             (c) The responsible parent is in compliance with the order.

             (4) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of his or her 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.

             (5) 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 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 and the department has acted in good faith, the department shall proceed with certification of noncompliance.

             (6) If a responsible parent timely requests an adjudicative proceeding pursuant to subsection (4) of this section, 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.

             (7) The department may certify 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 or a residential or visitation order if:

             (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (1) 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 court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order;

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

             (e) The responsible parent fails to comply with a payment schedule established pursuant to subsection (5) of this section; or

             (f) The department is ordered to certify the responsible parent by a court order under section 887 of this act.

             The department shall send by regular mail 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.

             (8) The department of licensing and a licensing entity shall, without undue delay, notify a responsible parent certified by the department under subsection (7) of this section 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 or a residential or visitation order.

             (9) When a responsible parent who is served notice under subsection (1) of this section subsequently complies with the child support order, or when the department receives a court order under section 886 of this act stating that the parent is in compliance with a residential or visitation order, the department shall promptly provide the parent with a release stating that the responsible parent is in compliance with the order. A copy of the release shall be transmitted by the department to the appropriate licensing entities.

             (10) The department may adopt rules to implement and enforce the requirements of this section. The department shall deliver a copy of rules adopted to implement and enforce this section to the legislature by June 30, 1998.

             (11) 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 a pending motion or request will significantly change the amount of the child support obligation, the department or the court may stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. A stay shall not exceed six months unless the department finds good cause to extend the stay. 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.

             (12) The department of licensing and a licensing entity may 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 release specified in subsection (9) 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.

             (13) The procedures in chapter . . ., Laws of 1997 (this act), constitute the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order and suspension of a license under this section, and satisfy the requirements of RCW 34.05.422.

 

             NEW SECTION. Sec. 803.         A new section is added to chapter 74.20A RCW to read as follows:

             (1) The department and all of the various licensing entities subject to section 802 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 802 of this act.

             (2) The department and all licensing entities subject to section 802 of this act shall compare data to identify responsible parents who may be subject to the provisions of chapter . . ., Laws of 1997 (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 1997 (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 the following information regarding those licensees:

             (a) Name;

             (b) Date of birth;

             (c) Address of record;

             (d) Federal employer identification number and 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. 804.         A new section is added to chapter 74.20A RCW to read as follows:

             (1) In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 802 of this act, the department shall report the following to the legislature and the governor on December 1, 1998, and annually thereafter:

             (a) The number of responsible parents identified as licensees subject to section 802 of this act;

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

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

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

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

             (f) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the number of each type of licenses that were suspended;

             (g) The costs incurred in the implementation and enforcement of section 802 of this act and an estimate of the amount of child support collected due to the department under section 802 of this act;

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

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

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

             (2) To assist in evaluation of the program established in section 802 of this act, the office of the administrator for the courts shall report the following to the legislature and the governor on December 1, 1998, and annually thereafter:

             (a) The number of motions for contempt for violation of a visitation or residential order filed under RCW 26.09.160(3);

             (b) The number of parents found in contempt under RCW 26.09.160(3); and

             (c) The number of parents whose licenses were suspended under RCW 26.09.160(3).

             (3) This section expires December 2, 2002.


             Sec. 805. 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)) the secretary's 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) "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) "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) "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.

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

             (12) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.

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

             (14) "Financial institution" means:

             (a) A depository institution, as defined in section 3(c) of the federal deposit insurance act;

             (b) An institution-affiliated party, as defined in section 3(u) of the federal deposit insurance act;

             (c) Any federal or state credit union, as defined in section 101 of the federal credit union act, including an institution-affiliated party of such credit union, as defined in section 206(r) of the federal deposit insurance act; or

             (d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity.

             (15) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity to a licensee evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle. "License" does not mean the tax registration or certification issued under Title 82 RCW by the department of revenue.

             (16) "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, industry, recreational pursuit, or the operation of a motor vehicle.

             (17) "Licensing entity" includes any department, board, commission, or other organization authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, recreational pursuit, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

             (18) "Noncompliance with a child support order" for the purposes of the license suspension program authorized under section 802 of this act means a responsible parent has:

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

             (b) 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

             (c) 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.

             (19) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court under RCW 26.09.160(3) for failure to comply with a residential provision of a court-ordered parenting plan.


             Sec. 806. 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 or a residential or visitation order as provided in section 802 of this act.


             Sec. 807. 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), or section 802 of this act, 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 or a residential or visitation order, the suspension shall remain in effect until the person provides a 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. 808. A new section is added to chapter 48.22 RCW to read as follows:

             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 or for noncompliance with a residential or visitation order as provided in chapter 26.09 RCW, any provision in the driver's motor vehicle liability insurance policy excluding insurance coverage for an unlicensed driver shall not apply to the driver for ninety days from the date of suspension. When a driver's license is suspended under chapter 74.20A RCW, the driving record for the suspended driver shall include a notation that explains the reason for the suspension.


             NEW SECTION. Sec. 809. The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met and that parents comply with residential and visitation orders. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order or a residential or visitation order.


             NEW SECTION. Sec. 810. A new section is added to chapter 2.48 RCW to read as follows:

             The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order or a residential or visitation order as provided in section 802 of this act may be admitted to the practice of law in this state, and that 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 in noncompliance with a support order or a residential or visitation order as provided in section 802 of this act shall be immediately suspended from membership. The court's rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services has issued a release stating that the person is in compliance with the order.


             NEW SECTION. Sec. 811. A new section is added to chapter 18.04 RCW to read as follows:

             The board shall immediately suspend the certificate or license of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 812. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

             (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 support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 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 release issued by the department of social and health services stating that the individual is in compliance with the order.


             NEW SECTION. Sec. 813. A new section is added to chapter 18.08 RCW to read as follows:

             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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the individual is in compliance with the order.


             Sec. 814. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

             (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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 815. A new section is added to chapter 18.16 RCW to read as follows:

             The department shall immediately suspend the license of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 816. A new section is added to chapter 18.20 RCW to read as follows:

             The department shall immediately suspend the license of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 817. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

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

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

             (a) One year;

             (b) Until the bond expires; or

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

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

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

             (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 support order or a residential or visitation order as provided in section 802 of this act. The certificate of registration shall not be reissued or renewed unless the person provides to the department a release from the department of social and health services stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.


             NEW SECTION. Sec. 818. A new section is added to chapter 18.28 RCW to read as follows:

             The department shall immediately suspend the license of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 819. RCW 18.39.181 and 1996 c 217 s 7 are each amended to read as follows:

             The director shall have the following powers and duties:

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

             (2) To 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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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. 820. A new section is added to chapter 18.39 RCW to read as follows:

             In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 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 release issued by the department of social and health services stating that the individual is in compliance with the order.


             NEW SECTION. Sec. 821. A new section is added to chapter 18.43 RCW to read as follows:

             The board shall immediately suspend the registration of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 822. A new section is added to chapter 18.44 RCW to read as follows:

             The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 823. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

             (1) 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.

             (2) The department shall immediately suspend the license of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.

             RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding but shall not apply to actions taken under subsection (2) of this section.


             NEW SECTION. Sec. 824. A new section is added to chapter 18.51 RCW to read as follows:

             The department shall immediately suspend the license of a person who has been certified pursuant to section 802 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order or a residential or visitation 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 release issued by the division of child support stating that the person is in compliance with the order.


             NEW SECTION. Sec. 825. A new section is added to chapter 18.76 RCW to read as follows:

             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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 826. A new section is added to chapter 18.85 RCW to read as follows:

             The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 827. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

             (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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 828. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

             (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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.

             (3) No license shall be suspended for more than six months, except that a suspension under section 802 of this act shall continue until the department receives a 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. 829. A new section is added to chapter 18.106 RCW to read as follows:

             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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 830. A new section is added to chapter 18.130 RCW to read as follows:

             The secretary 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 support order or a residential or visitation order as provided in section 802 of this act.


             Sec. 831. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

             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 support order or a residential or visitation order under section 802 of this act may petition for reinstatement at any time by providing the secretary a 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 reinstatement during the suspension, the secretary shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.


             NEW SECTION. Sec. 832. A new section is added to chapter 18.140 RCW to read as follows:

             The director shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 833. A new section is added to chapter 18.145 RCW to read as follows:

             The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 834. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

             (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 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the 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. This subsection does not apply to actions taken under subsection (3) of this section.


             Sec. 835. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

             The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

             (3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

             (4) Failing to return immediately on demand a firearm issued by an employer;

             (5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

             (7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

             (8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

             (9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Advertising that is false, fraudulent, or misleading;

             (12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (14) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

             (16) Aiding or abetting an unlicensed person to practice if a license is required;

             (17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

             (21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

             (22) Failure to maintain bond or insurance; ((or))

             (23) Failure to have a qualifying principal in place; or

             (24) Being certified as not in compliance with a support order or a residential or visitation order as provided in section 802 of this act.


             NEW SECTION. Sec. 836. A new section is added to chapter 18.165 RCW to read as follows:

             The director shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 837. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

             In addition to the provisions of section 838 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

             (3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

             (4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

             (5) Failing to return immediately on demand a firearm issued by an employer;

             (6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

             (8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

             (9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

             (12) Advertising that is false, fraudulent, or misleading;

             (13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (15) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

             (17) Aiding or abetting an unlicensed person to practice if a license is required;

             (18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

             (22) Failure to maintain insurance; and

             (23) Failure to have a qualifying principal in place.


             NEW SECTION. Sec. 838. A new section is added to chapter 18.170 RCW to read as follows:

             The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 839. A new section is added to chapter 18.175 RCW to read as follows:

             The director shall immediately suspend a certificate of registration issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             NEW SECTION. Sec. 840. A new section is added to chapter 18.185 RCW to read as follows:

             The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 841. 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 support order or an order from court stating that the licensee is in noncompliance with a residential or visitation order under chapter 26.09 RCW, 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 support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 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.


             NEW SECTION. Sec. 842. A new section is added to chapter 28A.410 RCW to read as follows:

             Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of social and health services certifies that the person is not in compliance with a support order or a residential or visitation order as provided in section 802 of this act. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a release issued by the department of social and health services stating that the person is in compliance with the order.


             Sec. 843. 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 or an order from a court stating that the licensee is in noncompliance with a residential or visitation order under chapter 26.09 RCW, 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 or noncompliance with a residential or visitation order under chapter 26.09 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. 844. RCW 19.28.310 and 1996 c 241 s 5 are each amended to read as follows:

             (1) The department has the power, in case of serious noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective twenty days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within twenty days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund.

             (2) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 845. RCW 19.28.580 and 1988 c 81 s 15 are each amended to read as follows:

             (1) The department may revoke any certificate of competency upon the following grounds:

             (a) The certificate was obtained through error or fraud;

             (b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;

             (c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.

             (2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

             (3) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 846. RCW 19.30.060 and 1985 c 280 s 6 are each amended to read as follows:

             Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:

             (1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;

             (2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;

             (3) The conditions under which the license was issued have changed or no longer exist;

             (4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;

             (5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or

             (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.

             The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 847. RCW 19.16.120 and 1994 c 195 s 3 are each amended to read as follows:

             In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:

             (1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

             (2) If an applicant or licensee is not authorized to do business in this state.

             (3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

             (4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

             (a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

             (b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

             (i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or

             (ii) The terms of any such suspension have been fulfilled;

             (c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

             (d) Has had any judgment entered against him 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 said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

             (e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;

             (f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

             (g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;

             (h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;

             (i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final;

             (j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

             (k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

             Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license ((hereunder)) under this chapter.

             The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 848. RCW 19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:

             (1) In accordance with the provisions of chapter 34.05 RCW as now or as hereafter amended, the director may by order deny, suspend or revoke the license of any employment agency if he finds that the applicant or licensee:

             (((1))) (a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

             (((2))) (b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

             (((3))) (c) Has made a false statement of a material fact in his application or in any data attached thereto;

             (((4))) (d) Has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

             (2) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 849. RCW 19.32.060 and 1943 c 117 s 5 are each amended to read as follows:

             (1) The director of agriculture may cancel or suspend any such license if he finds after proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating to the operation of refrigerated lockers or of the sale of any human food in connection therewith, or any regulation effective under any act the administration of which is in the charge of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten days after receipt from the director of agriculture of written notice to do so.

             (2) No license shall be revoked or suspended by the director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer such charge within ten days from the date of such notice.

             (3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior court of the county in which the licensed premises are located, within ten days from the date notice in writing of the director's order revoking or suspending such license has been served upon him.

             (4) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 850. RCW 19.105.380 and 1988 c 159 s 14 are each amended to read as follows:

             (1) A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that:

             (a) The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;

             (b) The applicant or registrant has failed to file copies of the camping resort contract form under RCW 19.105.360;

             (c) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter;

             (d) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

             (e) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

             (f) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

             (g) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

             (h) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

             (i) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

             (j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;

             (k) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

             (l) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (m) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:

             (i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

             (ii) Employ any device, scheme, or artifice to defraud purchasers or members;

             (iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (n) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to assure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

             (o) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

             (p) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

             (q) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

             (i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

             (ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

             (r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

             (s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;

             (t) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

             (u) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

             (v) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

             (2) Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

             (3) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

             (4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

             (5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

             (7) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 851. RCW 19.105.440 and 1988 c 159 s 21 are each amended to read as follows:

             (1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director which includes the following:

             (a) A statement whether or not the applicant within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;

             (b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment during the last five years was the result of any theft, fraud, or act of dishonesty;

             (c) A consent to service comparable to that required of operators under this chapter; and

             (d) Required filing fees.

             (2) The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of:

             (a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;

             (b) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

             (c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

             (d) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

             (e) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

             (f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

             (g) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

             (h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

             (i) Misrepresentation of membership in any state or national association; or

             (j) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

             (3) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

             (4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (5) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.

             (6) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

             (7) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

             (8) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

             (9) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 852. RCW 19.138.130 and 1996 c 180 s 6 are each amended to read as follows:

             (1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

             (a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

             (b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

             (c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;

             (d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

             (e) Has failed to display the registration as provided in this chapter;

             (f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public; or

             (g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising.

             (2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

             (3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to section 802 of this act by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.


             Sec. 853. RCW 19.158.050 and 1989 c 20 s 5 are each amended to read as follows:

             (1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

             (2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of info