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FIFTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 6, 1998

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Patterson and Sellar. On motion of Senator Franklin, Senators Bauer and Patterson were excused. On motion of Senator Hale, Senator Sellar was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Jillian Larsen and Shad Hail presented the Colors. Reverend Sandra Lee, pastor of the Unitarian Universalist Church of Olympia, offered the prayer.


MOTION


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


MESSAGES FROM THE HOUSE

March 5, 1998

MR. PRESIDENT:

      The House has concurred in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2894 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk


March 5, 1998

MR. PRESIDENT:

      The House failed to pass ENGROSSED SUBSTITUTE SENATE BILL NO. 6431.

TIMOTHY A. MARTIN, Chief Clerk


March 4, 1998

MR. PRESIDENT:

      The Speaker signed:

      SUBSTITUTE SENATE BILL NO. 5517,

      SECOND SUBSTITUTE SENATE BILL NO. 5727,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5936,

      SENATE BILL NO. 6169,

      SENATE BILL NO. 6223,

      SUBSTITUTE SENATE BILL NO. 6258,

      SUBSTITUTE SENATE BILL NO. 6297,

      SENATE BILL NO. 6299,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6323,

      SENATE BILL NO. 6353,

      SENATE BILL NO. 6398,

      SENATE BILL NO. 6441,

      SUBSTITUTE SENATE BILL NO. 6535,

      SENATE BILL NO. 6604,

      SUBSTITUTE SENATE BILL NO. 6667, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk



March 4, 1998

MR. PRESIDENT:

      The Speaker signed:

      HOUSE BILL NO. 1308,

      SUBSTITUTE HOUSE BILL NO. 1977,

      HOUSE BILL NO. 2293,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

      ENGROSSED HOUSE BILL NO. 2350,

      HOUSE BILL NO. 2357,

      SECOND SUBSTITUTE HOUSE BILL NO. 2430,

      HOUSE BILL NO. 2476,

      SUBSTITUTE HOUSE BILL NO. 2523,

      HOUSE BILL NO. 2534,

      SUBSTITUTE HOUSE BILL NO. 2576,

      HOUSE BILL NO. 2577,

      HOUSE BILL NO. 2698,

      HOUSE BILL NO. 2788,

      HOUSE BILL NO. 2797,

      HOUSE BILL NO. 2907,

      HOUSE BILL NO. 2965,

      SUBSTITUTE HOUSE BILL NO. 2998,

      HOUSE JOINT MEMORIAL NO. 4032,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO. 1308,

      SUBSTITUTE HOUSE BILL NO. 1977,

      HOUSE BILL NO. 2293,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

      ENGROSSED HOUSE BILL NO. 2350,

      HOUSE BILL NO. 2357,

      SECOND SUBSTITUTE HOUSE BILL NO. 2430,

      HOUSE BILL NO. 2476,

      SUBSTITUTE HOUSE BILL NO. 2523,

      HOUSE BILL NO. 2534,

      SUBSTITUTE HOUSE BILL NO. 2576,

      HOUSE BILL NO. 2577,

      HOUSE BILL NO. 2698,

      HOUSE BILL NO. 2788,

      HOUSE BILL NO. 2797,

      HOUSE BILL NO. 2907,

      HOUSE BILL NO. 2965,

      SUBSTITUTE HOUSE BILL NO. 2998,

      HOUSE JOINT MEMORIAL NO. 4032,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035.

MOTION


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


SENATE RESOLUTION 1998-8716


By Senators Fraser, T. Sheldon, Swecker, B. Sheldon and Rasmussen


      WHEREAS, Amelia Earhart encouraged women to expand their horizons by exploring occupations and holding positions beyond those traditionally held by women; and

      WHEREAS, Amelia Earhart was a pioneer in aviation, the first woman to fly solo across the Atlanta and to receive the U.S. Distinguished Flying Cross; and

      WHEREAS, Amelia Earhart was a beloved member of Zonta International before she was lost in the Pacific on a flight attempting to circle the globe by air in 1937; and

      WHEREAS, Zonta International, a worldwide service organization of business and professional executives working to advance the status of women, has long recognized this woman of courage, character and culture; and

      WHEREAS, In 1938, a year after Earhart’s disappearance, Zonta International established its annual graduate Amelia Earhart’s Fellowships in aerospace-related science and engineering; and

      WHEREAS, In the sixty years since, Zonta has awarded eight hundred and forty-three fellowships worth $4.2 million to over five hundred and forty-seven women from fifty-one countries as a living memorial to Earhart; and

      WHEREAS, In the sixty years of the Zonta International Amelia Earhart Fellowship, Zontians worldwide celebrate Earhart’s legacy through the achievement of those who have manufactured materials now on the moon, made commercial air flights safer, helped prevent fires in spacecraft and served as members on a NASA space shuttle crew;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize the value of sixty years of the prestigious Zonta International Amelia Earhart Fellowships.


      Senators Fraser and Snyder spoke to Senate Resolution 1998-8716.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Olympia and South Puget Sound Zonta Clubs, who were seated in the gallery.

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


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 3099, by House Committee on House Government Reform and Land Use (originally sponsored by Representatives DeBolt, Kessler and Johnson)

 

Expanding the authority for counties to adopt master planned locations for major industrial activity.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that to fulfill the economic development goal of this chapter, it is beneficial to expand the limited authorization for pilot projects for identifying locations for major industrial activity in advance of specific proposals by an applicant. The legislature further finds that land bank availability may provide economically disadvantaged counties the opportunity to attract new industrial activity by offering expeditious siting and therefore promote a community's economic health and vitality. The purpose of this act is to authorize and evaluate additional pilot projects for major industrial activity in economically disadvantaged counties.

       Sec. 2. RCW 36.70A.367 and 1997 c 402 s 1 are each amended to read as follows:

       (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county required or choosing to plan under RCW 36.70A.040 that ((has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand or a county that has a population greater than one hundred forty thousand and is adjacent to another country)) meets the criteria in subsection (9) of this section may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating a bank of no more than two master planned locations for major industrial activity outside urban growth areas.

       (2) A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met:

       (a) New infrastructure is provided for and/or applicable impact fees are paid;

       (b) Transit-oriented site planning and traffic demand management programs are implemented;

       (c) Buffers are provided between the major industrial development and adjacent nonurban areas;

       (d) Environmental protection including air and water quality has been addressed and provided for;

       (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;

       (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

       (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and

       (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365.

       (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area.

       (4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time.

       (5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there.

       (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.

       (7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, ((1998)) 1999. However, any location included in the urban industrial land bank on December 31, ((1998)) 1999, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.

       (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent; or (c) requires a location with characteristics such as proximity to transportation facilities or related industries such that there is no suitable location in an urban growth area. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.

       (9) This section applies to a county that at the time the process is established under subsection (1) of this section:

       (a) Has a population greater than two hundred fifty thousand and is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand;

       (b) Has a population greater than one hundred forty thousand and is adjacent to another country; or

       (c) Has a population greater than forty thousand but less than seventy-five thousand and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent; and

       (i) Is bordered by the Pacific Ocean; or

       (ii) Is located in the Interstate 5 or Interstate 90 corridor."

MOTIONS


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

       On page 1, line 1 of the title, after "developments;" strike the remainder of the title and insert "amending RCW 36.70A.367; and creating a new section."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 3099, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 3099, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 3099, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 31.        Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Prentice, Sheldon, B., Spanel, Thibaudeau and Wojahn - 15.    Excused: Senators Bauer, Patterson and Sellar - 3.      SUBSTITUTE HOUSE BILL NO. 3099, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senators Rossi and West were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2077, by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott and D. Sommers)

 

Providing uniform exemptions to competitive bidding procedures utilized by municipalities when awarding contracts for public works and contracts for purchases.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:

       This section provides uniform exemptions to competitive bidding procedures utilized by municipalities when awarding contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also include other exemptions from competitive bidding procedures. The purpose of this section is to supplement and not to limit the current powers of any municipality to provide exemptions from competitive bidding procedures.

       (1) Competitive bidding procedures may be waived by the governing body of the municipality for:

       (a) Purchases that are clearly and legitimately limited to a single source of supply;

       (b) Purchases involving special facilities or market conditions;

       (c) Purchases in the event of an emergency;

       (d) Purchases of insurance or bonds; and

       (e) Public works in the event of an emergency.

       (2)(a) The waiver of competitive bidding procedures under subsection (1) of this section may be by resolution or by the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the governing body elects to waive competitive bidding procedures by the terms of written policies adopted by the municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be recorded and open to public inspection.

       If a resolution is adopted by a governing body to waive competitive bidding procedures under (b) of this subsection, the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an emergency.

       (b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract.

       (3) For purposes of this section:

       (a) "Emergency" means unforeseen circumstances beyond the control of the municipality that either: (i) Present a real, immediate threat to the proper performance of essential functions; or (ii) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

       (b) "Municipality" means any city, code city, town, county, port district, fire district, public utility district, public hospital district, or water-sewer district.

       Sec. 2. RCW 35.22.620 and 1993 c 198 s 9 are each amended to read as follows:

       (1) As used in this section, the term "public works" means as defined in RCW 39.04.010.

       (2) A first class city may have public works performed by contract pursuant to public notice and call for competitive bids. As limited by subsection (3) of this section, a first class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period. The amount of public works that a first class city has a county perform for it under RCW 35.77.020 shall be included within this ten percent limitation.

       If a first class city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been so reduced.

       Whenever a first class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public notice and call for competitive bids.

       The state auditor shall report to the state treasurer any first class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years.

       (3) In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population in excess of one hundred fifty thousand shall not have public employees perform a public works project in excess of fifty thousand dollars if more than a single craft or trade is involved with the public works project, or a public works project in excess of twenty-five thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population of one hundred fifty thousand or less shall not have public employees perform a public works project in excess of thirty-five thousand dollars if more than one craft or trade is involved with the public works project, or a public works project in excess of twenty thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

       (4) In addition to the accounting and record-keeping requirements contained in RCW 39.04.070, every first class city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below ten percent of the total construction budget. However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget.

       After September 1, 1987, each first class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

       (5) The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget.

       (6) ((When any emergency shall require the immediate execution of such public work, upon the finding of the existence of such emergency by the authority having power to direct such public work to be done and duly entered of record, publication of description and estimate may be made within seven days after the commencement of the work. Within two weeks of the finding that such an emergency existed, the city council shall adopt a resolution certifying the existence of this emergency situation.)) The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to section 1 of this act if an exemption contained within that section applies to the work or contract.

       (7) In lieu of the procedures of subsections (2) and (6) of this section, a first class city may use ((a)) the small works roster process ((and)) in RCW 39.04.155 to award contracts for public works projects with an estimated value of one hundred thousand dollars or less ((as provided in RCW 39.04.155)).

       Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.

       (8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement.

       (9) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

       (10) Nothing in this section shall prohibit any first class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

       Sec. 3. RCW 35.23.352 and 1996 c 18 s 2 are each amended to read as follows:

       (1) Any second class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

       Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon publication of notice calling for sealed bids upon the work. The notice shall be published in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.

       When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in accordance with RCW 39.08.030. If the bidder fails to enter into the contract in accordance with his or her bid and furnish a bond within ten days from the date at which he or she is notified that he or she is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond. 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.

       If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

       (2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.

       (3) In lieu of the procedures of subsection (1) of this section, a second class city or a town may use the small works roster process provided in RCW 39.04.155 to award public works contracts with an estimated value of one hundred thousand dollars or less.

       Whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.

       (4) The form required by RCW 43.09.205 shall be to account and record costs of public works in excess of five thousand dollars that are not let by contract.

       (5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.

       (6) Any purchase of supplies, material, or equipment, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids.

       (7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

       (8) For advertisement and formal sealed bidding to be dispensed with as to purchases between seven thousand five hundred and fifteen thousand dollars, the council or commission must authorize by resolution, use of the uniform procedure provided in RCW 39.04.190.

       (9) ((These requirements for purchasing may be waived by resolution of the city or town council or commission which declared that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity, or the materials, supplies, equipment, or services are subject to special market conditions, and recites why this situation exists. Such actions are subject to RCW 39.30.020.)) The city or town legislative authority may waive the competitive bidding requirements of this section pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       (10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

       (11) Nothing in this section shall prohibit any second class city or any town from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

       Sec. 4. RCW 36.32.270 and 1963 c 4 s 36.32.270 are each amended to read as follows:

       ((In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon resolution of the board of county commissioners declaring the existence of such emergency and reciting the facts constituting the same, the board)) The county legislative authority may waive the competitive bidding requirements of this chapter ((with reference to any)) pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or ((contract)) public work.

       Sec. 5. RCW 52.14.110 and 1993 c 198 s 11 are each amended to read as follows:

       Insofar as practicable, purchases and any public works by the district shall be based on competitive bids. A formal sealed bid procedure shall be used as standard procedure for purchases and contracts for purchases executed by the board of commissioners. Formal sealed bidding shall not be required for:

       (1) ((Emergency purchases if the sealed bidding procedure would prevent or hinder the emergency from being addressed appropriately. The term emergency means an occurrence that creates an immediate threat to life or property;

       (2))) The purchase of any materials, supplies, or equipment if the cost will not exceed the sum of four thousand five hundred dollars. However, whenever the estimated cost is from four thousand five hundred dollars up to ten thousand dollars, the commissioners may by resolution use the process provided in RCW 39.04.190 to award contracts;

       (((3))) (2) Contracting for work to be done involving the construction or improvement of a fire station or other buildings where the estimated cost will not exceed the sum of two thousand five hundred dollars, which includes the costs of labor, material, and equipment. However, whenever the estimated cost is from two thousand five hundred dollars up to ten thousand dollars, the commissioner may by resolution use the small works roster process provided in RCW 39.04.155; and

       (((4) Purchases which are clearly and legitimately limited to a single source of supply, or services, in which instances the purchase price may be best established by direct negotiation: PROVIDED, That this subsection shall not apply to purchases or contracts relating to public works as defined in chapter 39.04 RCW; and

       (5) Purchases of insurance and bonds.)) (3) Any contract for purchases or public work pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       Sec. 6. RCW 53.08.120 and 1993 c 198 s 13 are each amended to read as follows:

       All material required by a port district may be procured in the open market or by contract and all work ordered may be done by contract or day labor. All such contracts for work, the estimated cost of which exceeds one hundred thousand dollars, shall be let at public bidding upon notice published in a newspaper of general circulation in the district at least thirteen days before the last date upon which bids will be received, calling for sealed bids upon the work, plans and specifications for which shall then be on file in the office of the commission for public inspection. The same notice may call for bids on such work or material based upon plans and specifications submitted by the bidder. The competitive bidding requirements for purchases or public works may be waived pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       Each port district shall maintain a small works roster, as provided in RCW 39.04.155, and may use the small works roster process to award contracts in lieu of calling for sealed bids whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less. Whenever possible, the managing official shall invite at least one proposal from a minority contractor who shall otherwise qualify under this section.

       When awarding such a contract for work, when utilizing proposals from the small works roster, the managing official shall give weight to the contractor submitting the lowest and best proposal, and whenever it would not violate the public interest, such contracts shall be distributed equally among contractors, including minority contractors, on the small works roster.

       Sec. 7. RCW 54.04.070 and 1993 c 198 s 14 are each amended to read as follows:

       Any item, or items of the same kind of materials, equipment, or supplies purchased, the estimated cost of which is in excess of five thousand dollars, exclusive of sales tax shall be by contract: PROVIDED, That a district may make purchases of the same kind of items of materials, equipment and supplies not exceeding five thousand dollars in any calendar month without a contract, purchasing any excess thereof over five thousand dollars by contract. Any work ordered by a district commission, the estimated cost of which is in excess of ten thousand dollars exclusive of sales tax, shall be by contract, except that a district commission may have its own regularly employed personnel perform work which is an accepted industry practice under prudent utility management without a contract. Prudent utility management means performing work with regularly employed personnel utilizing material of a worth not exceeding fifty thousand dollars in value without a contract: PROVIDED, That such limit on the value of material being utilized in work being performed by regularly employed personnel shall not include the value of individual items of equipment purchased or acquired and used as one unit of a project. Before awarding such a contract, the commission shall publish a notice once or more in a newspaper of general circulation in the district at least thirteen days before the last date upon which bids will be received, inviting sealed proposals for the work or materials; plans and specifications of which shall at the time of the publication be on file at the office of the district subject to public inspection. Any published notice ordering work to be performed for the district shall be mailed at the time of publication to any established trade association which files a written request with the district to receive such notices. The commission may at the same time and as part of the same notice, invite tenders for the work or materials upon plans and specifications to be submitted by the bidders.

       Notwithstanding any other provisions herein, all contract projects, the estimated cost of which is less than one hundred thousand dollars, may be awarded to a contractor using the small works roster process provided in RCW 39.04.155. All contract projects equal to or in excess of one hundred thousand dollars shall be let by competitive bidding.

       Whenever equipment or materials required by a district are held by a governmental agency and are available for sale but such agency is unwilling to submit a proposal, the commission may ascertain the price of such items and file a statement of such price supported by the sworn affidavit of one member of the commission and may consider such price as a bid without a deposit or bond. ((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 commission, 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 the official acting for the board, may waive the requirements of this chapter with reference to any purchase or contract, after having taken precautions to secure the lowest price practicable under the circumstances.

       After determination by the commission during a public meeting that a particular purchase is available clearly and legitimately only from a single source of supply, the bidding requirements of this section may be waived by the commission.))

       The commission may waive the competitive bidding requirements of this section pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       Sec. 8. RCW 57.08.050 and 1997 c 245 s 4 are each amended to read as follows:

       (1) All work ordered, the estimated cost of which is in excess of five thousand dollars shall be let by contract. All contract projects, the estimated cost of which is in excess of five thousand dollars and 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 must at the time of publication of such notice be on file in the office of the board of commissioners 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 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)) ten thousand dollars to 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.)) The board may waive the competitive bidding requirements of this section pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       Sec. 9. RCW 70.44.140 and 1996 c 18 s 15 are each amended to read as follows:

       (1) All materials purchased and work ordered, the estimated cost of which is in excess of five thousand dollars, shall be by contract. Before awarding any such contract, the commission shall publish a notice at least thirteen days before the last date upon which bids will be received, inviting sealed proposals for such work. The plans and specifications must at the time of the publication of such notice be on file at the office of the public hospital district, subject to public inspection: PROVIDED, HOWEVER, That the commission may at the same time, and as part of the same notice, invite tenders for the work or materials upon plans and specifications to be submitted by bidders. 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 commission on or before the day and hour named therein. Each bid shall be accompanied by bid proposal security in the form of a certified check, cashier's check, postal money order, or surety bond made payable to the order of the commission, for a sum not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal security. At the time and place named, such bids shall be publicly opened and read, and the commission 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 his or her own plans and specifications: PROVIDED, HOWEVER, That no contract shall be let in excess of the estimated cost of the materials or work, or if, in the opinion of the commission, all bids are unsatisfactory, they may reject all of them and readvertise, and in such case all bid proposal security shall be returned to the bidders; but if such contract be let, then and in such case all bid proposal security shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials for doing such work, and a bond to perform such work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less than twenty-five percent of contract price in any case, between the bidder and commission, in accordance with the bid. If such bidder fails to enter into the contract in accordance with the bid and furnish such bond within ten days from the date at which the bidder is notified that he or she is the successful bidder, the bid proposal security and the amount thereof shall be forfeited to the public hospital district. 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) In lieu of the procedures of subsection (1) of this section, a public hospital district may use a small works roster process and award public works contracts for projects in excess of five thousand dollars up to fifty thousand dollars as provided in RCW 39.04.155.

       (3) For advertisement and formal sealed bidding to be dispensed with as to purchases between five thousand and fifteen thousand dollars, the commission must authorize by resolution a procedure as provided in RCW 39.04.190.

       (4) The commission may waive the competitive bidding requirements of this section pursuant to section 1 of this act if an exemption contained within that section applies to the purchase or public work.

       NEW SECTION. Sec. 10. A new section is added to chapter 36.34 RCW to read as follows:

       In accordance with RCW 35.42.010 through 35.42.220, a county with a population of one million or more may lease space and provide for the leasing of such space through leases with an option to purchase and the acquisition of buildings erected upon land owned by the county upon the expiration of lease of such land. For the purposes of this section, "building," as defined in RCW 35.42.020 shall be construed to include any building or buildings used as part of, or in connection with, the operation of the county. The authority conferred by this section is in addition to and not in lieu of any other provision authorizing counties to lease property."


MOTIONS


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

       On page 1, line 1 of the title, after "bidding;" strike the remainder of the title and insert "amending RCW 35.22.620, 35.23.352, 36.32.270, 52.14.110, 53.08.120, 54.04.070, 57.08.050, and 70.44.140; adding a new section to chapter 39.04 RCW; and adding a new section to chapter 36.34 RCW."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2077, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2077, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2077, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.  Excused: Senators Bauer, Patterson, Rossi, Sellar and West - 5.          SUBSTITUTE HOUSE BILL NO. 2077, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2501, by Representatives Zellinsky, Robertson, L. Thomas and Carrell

 

Exempting wholesale auto auctions from certain regulations.


      The bill was read the second time.

MOTION


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

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.70.011 and 1996 c 194 s 1 are each amended to read as follows:

       As used in this chapter:

       (1) "Vehicle" means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

       (2) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and which is required to be registered and titled under Title 46 RCW, Motor Vehicles.

       (3) "Vehicle dealer" means any person, firm, association, corporation, or trust, not excluded by subsection (4) of this section, engaged in the business of buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on behalf of others, a sale, purchase, or exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as follows:

       (a) A "motor vehicle dealer" is a vehicle dealer that deals in new or used motor vehicles, or both;

       (b) A "mobile home and travel trailer dealer" is a vehicle dealer that deals in mobile homes, park trailers, or travel trailers, or more than one type of these vehicles;

       (c) A "miscellaneous vehicle dealer" is a vehicle dealer that deals in motorcycles or vehicles other than motor vehicles or mobile homes and travel trailers or any combination of such vehicles;

       (d) "Wholesale motor vehicle auction dealer" is a person or firm offering motor vehicles for sale by competitive bidding at a permanent location and regularly scheduled dates and times. A salvage pool operation is not a wholesale motor vehicle auction dealer.

       (4) The term "vehicle dealer" does not include, nor do the licensing requirements of RCW 46.70.021 apply to, the following persons, firms, associations, or corporations:

       (a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or

       (b) Public officers while performing their official duties; or

       (c) Employees of vehicle dealers who are engaged in the specific performance of their duties as such employees; or

       (d) Any person engaged in an isolated sale of a vehicle in which he is the registered or legal owner, or both, thereof; or

       (e) Any person, firm, association, corporation, or trust, engaged in the selling of equipment other than vehicles, subject to registration, used for agricultural or industrial purposes; or

       (f) A real estate broker licensed under chapter 18.85 RCW, or his authorized representative, who, on behalf of the legal or registered owner of a used mobile home negotiates the purchase, sale, or exchange of the used mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the used mobile home is located and the real estate broker is not acting as an agent, subagent, or representative of a vehicle dealer licensed under this chapter; or

       (g) Owners who are also operators of the special highway construction equipment or of the highway construction equipment for which a vehicle license and display vehicle license number plate is required as defined in RCW 46.16.010; or

       (h) Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any parent, subsidiary, or affiliate thereof, authorized to do business in this state under state or federal law with respect to the sale or other disposition of a motor vehicle owned and used in their business; or with respect to the acquisition and sale or other disposition of a motor vehicle in which the entity has acquired an interest as a lessor, lessee, or secured party.

       (5) "Vehicle salesperson" means any person who for any form of compensation sells, auctions, leases with an option to purchase, or offers to sell or to so lease vehicles on behalf of a vehicle dealer.

       (6) "Department" means the department of licensing, which shall administer and enforce the provisions of this chapter.

       (7) "Director" means the director of licensing.

       (8) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the terms:

       (a) "Distributor," which means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new and unused vehicle to vehicle dealers or who maintains factory representatives.

       (b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering for sale, vehicles to a distributor, wholesaler, or vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes any sales promotion organization, whether a person, firm, or corporation, which is engaged in promoting the sale of new and unused vehicles in this state of a particular brand or make to vehicle dealers.

       (c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of their vehicles or for supervising or contracting with their dealers or prospective dealers.

       (9) "Established place of business" means a location meeting the requirements of RCW 46.70.023(1) at which a vehicle dealer conducts business in this state.

       (10) "Principal place of business" means that dealer firm's business location in the state, which place the dealer designates as their principal place of business.

       (11) "Subagency" means any place of business of a vehicle dealer within the state, which place is physically and geographically separated from the principal place of business of the firm or any place of business of a vehicle dealer within the state, at which place the firm does business using a name other than the principal name of the firm, or both.

       (12) "Temporary subagency" means a location other than the principal place of business or subagency within the state where a licensed vehicle dealer may secure a license to conduct the business and is licensed for a period of time not to exceed ten days for a specific purpose such as auto shows, shopping center promotions, tent sales, exhibitions, or similar merchandising ventures. No more than six temporary subagency licenses may be issued to a licensee in any twelve-month period.

       (13) "Wholesale vehicle dealer" means a vehicle dealer who buys and sells other than at retail.

       (14) "Retail vehicle dealer" means a vehicle dealer who may buy and sell at both wholesale and retail.

       (15) "Listing dealer" means a used mobile home dealer who makes contracts with sellers who will compensate the dealer for obtaining a willing purchaser for the seller's mobile home.

       (16) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of the audience, constituting a series of oral invitations for offers for the purchase of vehicles made by the auctioneer, offers to purchase by members of the audience, and the acceptance of the highest or most favorable offer to purchase.

       (17) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity licensed under chapter 18.11 RCW that only sells or offers to sell vehicles at auction or only arranges or sponsors auctions.

       (18) "Buyer's agent" means any person, firm, partnership, association, limited liability company, limited liability partnership, or corporation retained or employed by a consumer to arrange for or to negotiate, or both, the purchase of a new motor vehicle on behalf of the consumer, and who is paid a fee or receives other compensation from the consumer for its services.

       (19) "New motor vehicle" means any motor vehicle that is self-propelled and is required to be registered and titled under Title 46 RCW, has not been previously titled to a retail purchaser or lessee, and is not a "used vehicle" as defined under RCW 46.04.660.

       NEW SECTION. Sec. 2. A new section is added to chapter 46.70 RCW to read as follows:

       (1) A wholesale motor vehicle auction dealer may:

       (a) Sell any classification of motor vehicle;

       (b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or

       (c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" as defined in RCW 46.80.010 may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.

       (2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle" as defined by RCW 46.80.010, the dealer must disclose this fact on the bill of sale.

       Sec. 3. RCW 46.79.010 and 1990 c 250 s 69 are each amended to read as follows:

       The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.

       (1) "Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as meeting all the following requirements:

       (a) Is three years old or older;

       (b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;

       (c) Is apparently inoperable;

       (d) Is without a valid, current registration plate;

       (e) Has a fair market value equal only to the value of the scrap in it.

       (2) "Scrap processor" means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.

       (3) "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder.

       (4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed ((motor)) vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell second-hand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed ((motor)) vehicle wrecker or disposed of at a public facility for waste disposal.

       (5) "Director" means the director of licensing.

       (6) "Major component parts" include engines and short blocks, frames, transmissions or transfer cases, cabs, doors, front or rear differentials, front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes, seats, and hoods.

       (7) "Wholesale motor vehicle auction dealer" is a person or firm offering motor vehicles for sale by competitive bidding at a permanent location and regularly scheduled dates and times. A salvage pool operation is not a wholesale motor vehicle auction dealer.

       NEW SECTION. Sec. 4. A new section is added to chapter 46.79 RCW to read as follows:

       (1) A wholesale motor vehicle auction dealer may:

       (a) Sell any classification of motor vehicle;

       (b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or

       (c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" as defined in RCW 46.80.010 may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.

       (2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle" as defined by RCW 46.80.010, the dealer must disclose this fact on the bill of sale.

       Sec. 5. RCW 46.80.010 and 1995 c 256 s 4 are each amended to read as follows:

       The definitions set forth in this section apply throughout this chapter.

       (1) "Vehicle wrecker" means every person, firm, partnership, association, or corporation engaged in the business of buying, selling, or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of a vehicle, or who buys or sells integral second-hand parts of component material thereof, in whole or in part, or who deals in second-hand vehicle parts.

       (2) "Established place of business" means a building or enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his books and records are kept and business is transacted and which must conform with zoning regulations.

       (3) "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag. The director may supplement this list by rule.

       (4) "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state for which the salvage value plus cost to repair exceeds its fair market value, if repaired; further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state.

       (5) "Wholesale motor vehicle auction dealer" is a person or firm offering motor vehicles for sale by competitive bidding at a permanent location and regularly scheduled dates and times. A salvage pool operation is not a wholesale motor vehicle auction dealer.

       NEW SECTION. Sec. 6. A new section is added to chapter 46.80 RCW to read as follows:

       (1) A wholesale motor vehicle auction dealer may:

       (a) Sell any classification of motor vehicle;

       (b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state; or

       (c) Sell a motor vehicle belonging to the United States government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked vehicle" may be sold to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.

       (2) If the wholesale motor vehicle auction dealer knows that a vehicle is a "wrecked vehicle," the dealer must disclose this fact on the bill of sale.

       Sec. 7. RCW 46.70.101 and 1996 c 282 s 3 are each amended to read as follows:

       The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle manufacturer or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the order is in the public interest and that the applicant or licensee:

       (1) In the case of a vehicle dealer:

       (a) The applicant or licensee, or any partner, officer, director, owner of ten percent or more of the assets of the firm, or managing employee:

       (i) Was the holder of a license issued pursuant to this chapter, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled or which license was assessed a civil penalty and the assessed amount has not been paid;

       (ii) Has been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, adjudged guilty shall mean in addition to a final conviction in either a state or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended;

       (iii) Has knowingly or with reason to know made a false statement of a material fact in his application for license or any data attached thereto, or in any matter under investigation by the department;

       (iv) Has knowingly, or with reason to know, provided the department with false information relating to the number of vehicle sales transacted during the past one year in order to obtain a vehicle dealer license plate;

       (v) Does not have an established place of business as required in this chapter;

       (vi) Refuses to allow representatives or agents of the department to inspect during normal business hours all books, records, and files maintained within this state;

       (vii) Sells, exchanges, offers, brokers, auctions, solicits, or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid, written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same, except for sales by wholesale motor vehicle auction dealers to franchise motor vehicle dealers of the same make licensed under Title 46 RCW or franchise motor vehicle dealers of the same make licensed by any other state;

       (viii) Is insolvent, either in the sense that their liabilities exceed their assets, or in the sense that they cannot meet their obligations as they mature;

       (ix) Fails to pay any civil monetary penalty assessed by the director pursuant to this section within ten days after such assessment becomes final;

       (x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;

       (xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to commit any of the prohibited practices set forth in subsection (1)(a) of this section and RCW 46.70.180.

       (b) The applicant or licensee, or any partner, officer, director, owner of ten percent of the assets of the firm, or any employee or agent:

       (i) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;

       (ii) Has defrauded or attempted to defraud the state, or a political subdivision thereof of any taxes or fees in connection with the sale or transfer of a vehicle;

       (iii) Has forged the signature of the registered or legal owner on a certificate of title;

       (iv) Has purchased, sold, disposed of, or has in his or her possession any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;

       (v) Has willfully failed to deliver to a purchaser a certificate of ownership to a vehicle which he has sold;

       (vi) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates or manufacturer license plates;

       (vii) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;

       (viii) Has engaged in practices inimical to the health or safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction or safety of vehicles, except for sales by wholesale motor vehicle auction dealers to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW or motor vehicle dealers licensed by any other state;

       (ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;

       (x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer, or manufacturer, without the consent of the owner of the property or funds; or

       (xi) Has sold any vehicle with actual knowledge that:

       (A) It has any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or

       (B) It has been declared totaled out by an insurance carrier and then rebuilt; or

       (C) The vehicle title contains the specific comment that the vehicle is "rebuilt";

without clearly disclosing that brand or comment in writing.

       (c) The licensee or any partner, officer, director, or owner of ten percent or more of the assets of the firm holds or has held any such position in any other vehicle dealership licensed pursuant to this chapter which is subject to final proceedings under this section.

       (2) In the case of a manufacturer, or any partner, officer, director, or majority shareholder:

       (a) Was or is the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid;

       (b) Has knowingly or with reason to know, made a false statement of a material fact in his application for license, or any data attached thereto, or in any matter under investigation by the department;

       (c) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;

       (d) Has defrauded or attempted to defraud the state or a political subdivision thereof, of any taxes or fees in connection with the sale or transfer of a vehicle;

       (e) Has purchased, sold, disposed of, or has in his possession, any vehicle which he knows or has reason to know has been stolen or appropriated without the consent of the owner;

       (f) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates and manufacturer license plates;

       (g) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;

       (h) Sells or distributes in this state or transfers into this state for resale, any new or unused vehicle to which a warranty attaches or has attached and refuses to honor the terms of such warranty within a reasonable time or repudiates the same;

       (i) Fails to maintain one or more resident employees or agents to provide service or repairs to vehicles located within the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured and which are or have been sold or distributed in this state or transferred into this state for resale unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;

       (j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith incurs reasonable obligations in giving effect to warranties that attach or have attached to any new or unused vehicle sold or distributed in this state or transferred into this state for resale by any such manufacturer;

       (k) Engaged in practices inimical to the health and safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles;

       (l) Is insolvent either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature;

       (m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183."


MOTIONS


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

       On line 1 of the title, after "auctions;" strike the remainder of the title and insert "amending RCW 46.70.011, 46.79.010, 46.80.010, and 46.70.101; adding a new section to chapter 46.70 RCW; adding a new section to chapter 46.79 RCW; and adding a new section to chapter 46.80 RCW."

      On motion of Senator Prince, the rules were suspended, Engrossed House Bill No. 2501, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2501, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2501, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Bauer, Patterson and West - 3.                ENGROSSED HOUSE BILL NO. 2501, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2568, by Representatives Smith, D. Schmidt, Gardner, Doumit and Thompson (by request of Department of General Administration)

 

Terminating state motor vehicle management programs.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the rules were suspended, House Bill No. 2568 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2568.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2568 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Bauer, Patterson and West - 3.                HOUSE BILL NO. 2568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 3041, by Representatives Cooke, Bush, Kastama and Tokuda

 

Exempting the office of the family and children's ombudsman from certain proceedings.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.06A RCW to read as follows:

       Neither the ombudsman nor the ombudsman's staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the ombudsman or of the ombudsman's staff. All related memoranda, work product, notes, and case files of the ombudsman's office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding. This section shall not apply to the legislative oversight committee.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.06A RCW to read as follows:

       The privilege described in section 1 of this act does not apply when:

       (1) The ombudsman or ombudsman's staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;

       (2) The ombudsman or a member of the ombudsman's staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;

       (3) The ombudsman has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombudsman's office; or

       (4) The ombudsman or ombudsman's staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children's ombudsman or any volunteer in the ombudsman's office, to comply with RCW 26.44.030.

       NEW SECTION. Sec. 3. When the ombudsman or ombudsman's staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman or ombudsman's staff member shall report the matter, or cause a report to be made, to the appropriate authorities.

       NEW SECTION. Sec. 4. A new section is added to chapter 43.06A RCW to read as follows:

       Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030.

       NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

MOTIONS


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

      On page 1, line 3 of the title, after "proceedings;" strike the remainder of the title and insert "adding new sections to chapter 43.06A RCW; creating a new section; and declaring an emergency."

      On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 3041, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTION


      On motion of Senator Franklin, Senator Thibaudeau was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 3041, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 3041, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Winsley, Wojahn, Wood and Zarelli - 45.  Excused: Senators Bauer, Patterson, Thibaudeau and West - 4.            ENGROSSED HOUSE BILL NO. 3041, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2917, by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt and Fisher) (by request of Department of Licensing)

 

Regulating fuel tax and international registration plan payments.


      The bill was read the second time.

MOTION


      On motion of Senator Sellar, the rules were suspended, Substitute House Bill No. 2917 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2917.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2917 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Winsley, Wojahn, Wood and Zarelli - 46.   Excused: Senators Bauer, Thibaudeau and West - 3.            SUBSTITUTE HOUSE BILL NO. 2917, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551, by House Committee on Energy and Utilities (originally sponsored by Representative Crouse)

 

Allowing utilities to take actions, such as requiring deposits, to ensure payment.


      The bill was read the second time.

MOTION


      Senator Brown moved that the following amendments by Senators Brown and Zarelli be considered simultaneously and be adopted:

       On page 2, line 1, after "mail." insert "When a city or town provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the city or town shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee."

       On page 4, line 2, after "mail." insert "When a district provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee."

       On page 6, line 30, after "mail." insert "When a district provides a real property owner or the owner's designee with duplicates of tenant utility service bills or notice that a tenant's utility account is delinquent, the district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Brown and Zarelli on page 2, line 1; page 4, line 2; and page 6, line 30; to Engrossed Substitute House Bill No. 2551.

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


MOTION


      Senator Kline moved that the following amendments be considered simultaneously and be adopted:

       On page 2, after line 6, insert the following:

       "(3) A city or town may provide a tenant or a tenant's designee with duplicates of the utility service bills for the property leased or rented by the tenant but paid for by the landlord, or may notify a tenant or the tenant's designee that a landlord's utility account is delinquent. However, if a tenant or the tenant's designee notifies the city or town in writing that a property served by the city or town is a rental property, asks to be notified of a landlord's delinquency, and has provided, in writing, a complete and accurate mailing address, the city or town shall notify the tenant or the tenant's designee of a landlord's delinquency at the same time and in the same manner the city or town notifies the landlord of the landlord's delinquency, or by mail."

       On page 4, after line 7, insert the following:

       "(8) A district may provide a tenant or a tenant's designee with duplicates of the utility service bills for the property leased or rented by the tenant but paid for by the landlord, or may notify a tenant or the tenant's designee that a landlord's utility account is delinquent. However, if a tenant or the tenant's designee notifies the district in writing that a property served by the district is a rental property, asks to be notified of a landlord's delinquency, and has provided, in writing, a complete and accurate mailing address, the district shall notify the tenant or the tenant's designee of a landlord's delinquency at the same time and in the same manner the district notifies the landlord of the landlord's delinquency, or by mail."

       On page 6, line 36, after "(9)" insert "A board may provide a tenant or a tenant's designee with duplicates of the utility service bills for the property leased or rented by the tenant but paid for by the landlord, or may notify a tenant or the tenant's designee that a landlord's utility account is delinquent. However, if a tenant or the tenant's designee notifies the board in writing that a property served by the board is a rental property, asks to be notified of a landlord's delinquency, and has provided, in writing, a complete and accurate mailing address, the board shall notify the tenant or the tenant's designee of a landlord's delinquency at the same time and in the same manner the board notifies the landlord of the landlord's delinquency, or by mail.

       (10)"

       On page 7, at the beginning of line 7, strike "(10)" and insert "(11)"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Kline on page 2, after line 6; page 4, after line 7; page 6, line 36; and page 7; at the beginning of line 7, to Engrossed Substitute House Bill No. 2551.

      The motion by Senator Kline failed and the amendments were not adopted.


MOTION


      On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute House Bill No. 2551, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

POINT OF INQUIRY


      Senator Wojahn: “Senator Brown, if there is an accumulation of electric bills that were unpaid by the prior tenant, would the new tenant be required to pick those up?”

      Senator Brown: “Senator Wojahn, I am not an expert on this issue, but my understanding is 'no' that would not be the case. What happens now is if the tenant manages to escape without paying, what can happen, if the utility fails to collect from the tenant, they can place a lien on the property and then it shifts to the property owner--which, of course, the property owner doesn't like. So, under this underlying bill, they will get notice in advance or they can request notice in advance which, hopefully, will help in getting the appropriate party paying the bill.”      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2551, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2551, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Wood and Zarelli - 40.           Voting nay: Senators Fairley, Heavey, Kline, Prentice and Wojahn - 5.          Absent: Senator Winsley - 1.                 Excused: Senators Bauer, Thibaudeau and West - 3.      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2724, by House Committee on Appropriations (originally sponsored by Representatives Boldt, Mielke, Pennington, Carrell, Mulliken, Thompson, Bush, Cairnes, Reams and Lambert)

 

Requiring legislative oversight of moneys received from enforcement actions.


      The bill was read the second time.

MOTION


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

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.88 RCW to read as follows:

       A state agency shall not expend moneys except pursuant to an appropriation by law if the moneys are received in an administrative or judicial regulatory or civil enforcement action, or settlement thereof, brought by the state.

       In any regulatory or civil enforcement action brought by the attorney general under the authority of the attorney general or another state agency where moneys are to be paid to the state or to a state-administered account, the attorney general shall seek a court order or settlement that includes a requirement that the moneys received by the state shall not be expended except pursuant to an appropriation by law.

       This section does not apply to:

       (1) Moneys received by the state for payment by the state to injured parties or a class of parties as damages, restitution, or refunds. However, if such payments to a class of parties in lieu of damages, restitution, or refunds, such as payments under the doctrine of cy pres, include a payment to a state agency, the expenditure of the payment by the state agency shall be subject to this section;

       (2) Fees or enforcement actions to collect fees, including investigation or examination fees, that are established by administrative rule or statute;

       (3) Expenditures from accounts outside the state treasury, including court registries, exclusively for purposes of remedial action or natural resource damages under chapters 70.105D, 90.48, and 90.56 RCW, 33 U.S.C. Sec. 2701 et seq., or 42 U.S.C. Sec. 9601 et seq., or for purposes of financial assurance under chapter 70.95 or 70.105 RCW; and

       (4) Expenditures from nonappropriated funds and accounts that are specifically established by statute if the statute does not incorporate a reference to this section.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.88 RCW to read as follows:

       Except as provided in section 1 of this act or as otherwise provided by law, recoveries of amounts expended pursuant to an appropriation, including but not limited to, payments for material supplied or services rendered under chapter 39.34 RCW, may be expended as part of the original appropriation of the fund to which such recoveries belong, without further or additional appropriation. Such expenditures shall be subject to conditions and procedures prescribed by the director of financial management. The director may authorize expenditures with respect to recoveries accrued but not received, in accordance with generally accepted accounting principles, except that such recoveries shall not be included in revenues or expended against an appropriation for a subsequent fiscal period. This section does not apply to the repayment of loans, except for loans between state agencies.

       Sec. 3. RCW 43.79.270 and 1996 c 288 s 37 are each amended to read as follows:

       Whenever any money, from the federal government, or from other sources, which was not anticipated in the budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to submit to the governor a statement which may be in the form of a request for an allotment amendment setting forth the facts constituting the need for such expenditure and the estimated amount to be expended: PROVIDED, That no expenditure shall be made in excess of the actual amount received, ((and)) no money shall be expended for any purpose except the specific purpose for which it was received, and no money shall be expended under this section if an appropriation is required under section 1 of this act. A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the joint legislative audit and review committee and also to the standing committees on ways and means of the house and senate if the legislature is in session at the same time as it is transmitted to the governor.

       Sec. 4. RCW 9.46.100 and 1991 sp.s. c 16 s 917 are each amended to read as follows:

       There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by the commission or any employee thereof, except for change funds and an amount of petty cash as fixed by rule or regulation of the commission, shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the gambling revolving fund. Disbursements from the revolving fund shall be on authorization of the commission or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the gambling revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund except as provided in section 1 of this act. All expenses relative to commission business, including but not limited to salaries and expenses of the director and other commission employees shall be paid from the gambling revolving fund.

       The state treasurer shall transfer to the general fund one million dollars from the gambling revolving fund for the 1991-93 fiscal biennium.

       Sec. 5. RCW 15.13.470 and 1993 c 120 s 17 are each amended to read as follows:

       All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used solely for carrying out this chapter and rules adopted under this chapter. Except as provided in section 1 of this act, no appropriation is required for the disbursement of moneys from the account by the director. Any residual balance of funds remaining in the nursery inspection fund on July 26, 1987, shall be transferred to that account within the agricultural local fund: PROVIDED, That all fees collected for fruit tree, fruit tree related ornamental tree, and fruit tree rootstock assessments as set forth in this chapter shall be deposited in the northwest nursery fund to be used only for the Washington fruit tree and fruit tree related ornamental tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14 RCW.

       Sec. 6. RCW 15.36.441 and 1995 c 374 s 7 are each amended to read as follows:

       (1) If the results of an antibiotic, pesticide, or other drug residue test under RCW 15.36.201 are above the actionable level established in the PMO and determined using procedures set forth in the PMO, a person holding a milk producer's license is subject to a civil penalty. The penalty shall be in an amount equal to one-half the value of the sum of the volumes of milk equivalent produced under the license on the day prior to and the day of the adulteration. The value of the milk shall be computed by the weighted average price for the federal market order under which the milk is delivered.

       (2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, and, if so, shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for antibiotic, pesticide, or other drug residues by an official laboratory or an officially designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of the presence or absence of an antibiotic, pesticide, or other drug residue.

       (3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department. The penalty shall be deducted by the violator's marketing organization from the violator's final payment for the month following the issuance of the final order. The department shall promptly notify the violator's marketing organization of any penalties contained in the final order.

       (4) All penalties received or recovered from violations of this section shall be remitted monthly by the violator's marketing organization to the Washington state dairy products commission and deposited in a revolving fund to be used solely for the purposes of education and research. Except as provided in section 1 of this act, no appropriation is required for disbursements from this fund.

       (5) In case of a violation of the antibiotic, pesticide, or other drug residue test requirements, an investigation shall be made to determine the cause of the residue which shall be corrected. Follow-up sampling and testing must be done in accordance with the requirements of the PMO.

       Sec. 7. RCW 15.36.471 and 1994 c 143 s 511 are each amended to read as follows:

       (1) The director of agriculture shall adopt rules imposing a civil penalty for violations of the standards for component parts of fluid dairy products which are established under this chapter or adopted pursuant to RCW 69.04.398. The penalty shall not exceed ten thousand dollars and shall be such as is necessary to achieve proper enforcement of the standards. The rules shall be adopted before January 1, 1987, and shall become effective on July 1, 1987.

       (2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW. At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for the component parts of milk products by a state laboratory of a milk sample collected by a department official shall be admitted as prima facie evidence of the amounts of milk components in the product.

       (3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department.

       (4) All penalties received or recovered from violations of this section shall be remitted by the violator to the department and deposited in the revolving fund of the Washington state dairy products commission. One-half of the funds received shall be used for purposes of education with the remainder one-half to be used for dairy processing or marketing research, or both. Except as provided in section 1 of this act, no appropriation is required for disbursements from this fund.

       (5) In case of a violation of the standards for the composition of milk products, an investigation shall be made to determine the cause of the violation which shall be corrected. Additional samples shall be taken as soon as possible and tested by the department.

       Sec. 8. RCW 18.160.050 and 1990 c 177 s 6 are each amended to read as follows:

       (1)(a) All certificate of competency holders that desire to continue in the fire protection sprinkler business shall annually, prior to January 1, secure from the state director of fire protection a renewal certificate of competency upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the certificate holder shall furnish the information required by the director.

       (b) Failure of any certificate of competency holder to secure his or her renewal certificate of competency within sixty days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the certificate of competency.

       (c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee.

       (d) A certificate of competency holder may voluntarily surrender his or her certificate of competency to the state director of fire protection and be relieved of the annual renewal fee. After surrendering the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof. Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required fee. If two or more years have elapsed, he or she shall return to the status of a new applicant.

       (2)(a) All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall annually, prior to January 1, secure from the state director of fire protection a renewal license upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the license holder shall furnish the information required by the director.

       (b) Failure of any license holder to secure his or her renewal license within sixty days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the license.

       (c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a license that has been suspended for failure to pay the renewal fee.

       (3) The initial certificate of competency or license fee shall be prorated based upon the portion of the year such certificate of competency or license is in effect, prior to renewal on January 1.

       (4) The fire protection contractor license fund is created in the custody of the state treasurer. All receipts from license and certificate fees and charges or from the money generated by the rules and regulations promulgated under this chapter shall be deposited into the fund. Expenditures from the fund may be used only for purposes authorized under this chapter. Only the state director of fire protection or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for expenditures from the fund.

       Sec. 9. RCW 19.146.228 and 1997 c 106 s 13 are each amended to read as follows:

       The director shall establish fees by rule in accordance with RCW 43.24.086 sufficient to cover, but not exceed, the costs of administering this chapter. These fees may include:

       (1) An annual assessment paid by each licensee on or before a date specified by rule;

       (2) An investigation fee to cover the costs of any investigation of the books and records of a licensee or other person subject to this chapter; and

       (3) An application fee to cover the costs of processing applications made to the director under this chapter.

       Mortgage brokers shall not be charged investigation fees for the processing of complaints when the investigation determines that no violation of this chapter occurred or when the mortgage broker provides a remedy satisfactory to the complainant and the director and no order of the director is issued. All moneys, fees, and penalties collected under the authority of this chapter shall be subject to section 1 of this act and shall be deposited into the banking examination fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case all moneys, fees, and penalties collected under this chapter shall be deposited in the consumer services account.

       Sec. 10. RCW 22.09.411 and 1991 sp.s. c 13 s 67 are each amended to read as follows:

       (1) There is hereby established a fund to be known as the grain indemnity fund. The grain indemnity fund shall consist of assessments remitted by licensees pursuant to the provisions of RCW 22.09.416 through 22.09.426.

       (2) All assessments shall be paid to the department and shall be deposited in the grain indemnity fund. The state treasurer shall be the custodian of the grain indemnity fund. Disbursements shall be on authorization of the director. Except as provided in section 1 of this act, no appropriation is required for disbursements from this fund.

       (3) The grain indemnity fund shall be used exclusively for purposes of paying claimants pursuant to this chapter, and paying necessary expenses of administering the grain indemnity fund, provided however, that moneys equivalent to one-half of the interest earned by the fund for deposit to the general fund may be paid to the department to defray costs of administering the warehouse audit program. The state of Washington shall not be liable for any claims presented against the fund.

       Sec. 11. RCW 22.09.830 and 1994 sp.s. c 6 s 901 and 1994 c 46 s 6 are each reenacted and amended to read as follows:

       (1) All moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsections (2) and (3) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for disbursements from the fund. The fund shall be used for all expenses directly incurred by the grain inspection program in carrying out the provisions of this chapter and for departmental administrative expenses during the 1993-95 biennium. The department may use so much of such fund not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional work, including rate studies, relating to wheat and wheat products.

       (2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing hops. Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops.

       (3) All moneys collected by the grain warehouse audit program, including grain warehouse license fees pursuant to RCW 22.09.050 and 22.09.055, shall be deposited by the director into the grain warehouse audit account, hereby created within the agricultural local fund established in RCW 43.23.230. Moneys collected shall be used to support the grain warehouse audit program.

       Sec. 12. RCW 28C.10.082 and 1991 sp.s. c 13 s 85 are each amended to read as follows:

       The tuition recovery trust fund is hereby established in the custody of the state treasurer. The agency shall deposit in the fund all moneys received under RCW 28C.10.084. Moneys in the fund may be spent only for the purposes under RCW 28C.10.084. Disbursements from the fund shall be on authorization of the agency. The fund is subject to the allotment procedure provided under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for disbursements from the fund.

       Sec. 13. RCW 43.10.200 and 1971 ex.s. c 71 s 6 are each amended to read as follows:

       Except as provided in section 1 of this act, court costs, attorneys' fees, and other expenses recovered by the attorney general shall be deposited in the legal services revolving fund and shall be considered as returned loans of materials supplied or services rendered. Such amounts may be expended in the same manner and under the same conditions and restrictions as set forth in section 11, chapter 282, Laws of 1969 ex. sess.

       Sec. 14. RCW 43.10.220 and 1974 ex.s. c 162 s 3 are each amended to read as follows:

       Except as provided in section 1 of this act, the attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through 43.10.220, such funds as are necessary for the payment of costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions under the state and federal antitrust acts.

       Sec. 15. RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:

       The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. The department may make disbursements from the fund. The fund is not subject to legislative appropriation except as provided in section 1 of this act.

       Sec. 16. RCW 43.320.110 and 1995 c 238 s 9 are each amended to read as follows:

       There is created a local fund known as the "banking examination fund" which shall consist of all moneys received by the department of financial institutions from banks, savings banks, foreign bank branches, savings and loan associations, consumer loan companies, check cashers and sellers, trust companies and departments, and escrow agents, and which shall be used for the purchase of supplies and necessary equipment and the payment of salaries, wages, utilities, and other incidental costs required for the proper regulation of these companies. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required to permit expenditures and payment of obligations from the fund.

       Sec. 17. RCW 43.320.120 and 1993 c 472 s 26 are each amended to read as follows:

       There is created a local fund known as the "credit unions examination fund" which shall consist of all moneys received by the department of financial institutions from credit unions and which shall be used for the purchase of supplies and necessary equipment and the payment of salaries, wages, utilities, and other incidental costs required for the regulation of these institutions. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW((, but)) and, except as provided in section 1 of this act, no appropriation is required to permit expenditures and payment of obligations from the fund.

       Sec. 18. RCW 43.320.130 and 1993 c 472 s 27 are each amended to read as follows:

       (1) There is created in the state treasury a fund known as the "securities regulation fund" that shall consist of thirteen percent of all moneys received by the division of securities of the department of financial institutions, except as provided in subsection (2) of this section. Expenditures from the account may be used only for the purchase of supplies and necessary equipment and the payment of salaries, wages, utilities, and other incidental costs required for the regulation of securities, franchises, business opportunities, commodities, and other similar areas regulated by the division. Moneys in the account may be spent only after appropriation.

       (2) All moneys that are received by the division of securities in settlement of a regulatory or enforcement action that are designated for a specific purpose shall be placed in the securities regulation fund and be subject to appropriation for that purpose. If those settlement moneys are not appropriated by the end of the following biennium, eighty-seven percent of those moneys shall be deposited into the general fund on the first day of the succeeding biennium.

       Sec. 19. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:

       (1) The farmworker housing inspection fund is established in the custody of the state treasury. The department of health shall deposit all funds received under subsection (2) of this section and from the legislature to administer a labor camp inspection program conducted by the department of health. Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for disbursements.

       (2) There is imposed a fee on each operating license issued by the department of health to every operator of a labor camp that is regulated by the state board of health. The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with applicable state board of health rules on labor camps.

       (a) Fifty dollars shall be charged for each labor camp containing six or less units.

       (b) Seventy-five dollars shall be charged for each labor camp containing more than six units.

       (3) The term of the operating license and the application procedures shall be established, by rule, by the department of health.

       Sec. 20. RCW 59.21.050 and 1995 c 122 s 9 are each amended to read as follows:

       (1) The existence of the mobile home park relocation fund in the custody of the state treasurer is affirmed. Expenditures from the fund may be used only for relocation assistance under RCW 59.21.015 through 59.21.025. Only the director or the director's designee may authorize expenditures from the fund. All relocation payments to tenants shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for expenditures from the fund.

       (2) A park tenant is eligible for assistance under RCW 59.21.015 only after an application is submitted by that tenant or an organization acting on the tenant's account under RCW 59.21.021(4) on a form approved by the director which shall include:

       (a) For those persons who maintained ownership of and relocated their homes: (i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (ii) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; (iii) a copy of the contract for relocating the home which includes the date of relocation, or other proof of actual relocation expenses incurred on a date certain; and (iv) a statement of any other available assistance;

       (b) For those persons who sold their homes and incurred no relocation expenses: (i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (ii) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; and (iii) a copy of the record of title transfer issued by the department of licensing when the tenant sold the home rather than relocate it due to park closure or conversion.

       Sec. 21. RCW 70.47.030 and 1995 2nd sp.s. c 18 s 913 are each amended to read as follows:

       (1) The basic health plan trust account is hereby established in the state treasury. Any nongeneral fund-state funds collected for this program shall be deposited in the basic health plan trust account and may be expended without further appropriation. Moneys in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of enrollees in the plan and payment of costs of administering the plan.

       During the 1995-97 fiscal biennium, the legislature may transfer funds from the basic health plan trust account to the state general fund.

       (2) The basic health plan subscription account is created in the custody of the state treasurer. All receipts from amounts due from or on behalf of nonsubsidized enrollees shall be deposited into the account. Funds in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of nonsubsidized enrollees in the plan and payment of costs of administering the plan. The account is subject to allotment procedures under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for expenditures.

       (3) The administrator shall take every precaution to see that none of the funds in the separate accounts created in this section or that any premiums paid either by subsidized or nonsubsidized enrollees are commingled in any way, except that the administrator may combine funds designated for administration of the plan into a single administrative account.

       Sec. 22. RCW 77.21.080 and 1989 c 11 s 29 are each amended to read as follows:

       The state wildlife conservation reward fund is established in the custody of the state treasurer. The director shall deposit in the fund all moneys designated to be placed in the fund by rule of the director. Moneys in the fund shall be spent to provide rewards to persons informing the department about violations of this title or rules adopted pursuant to this title. Disbursements from the fund shall be on the authorization of the director or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW((, but)). Except as provided in section 1 of this act, no appropriation is required for disbursements from the fund.

       NEW SECTION. Sec. 23. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

       NEW SECTION. Sec. 24. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 25. This act takes effect July 1, 1999."

MOTION


      On motion of Senator Spanel, the following amendments by Senators Spanel and Strannigan to the Committee on Ways and Means striking amendment were considered simultaneously and were adopted:

       On page 1, line 34, strike "and"

       On page 2, line 1, strike "(4)" and insert the following:

       "(4) Moneys recovered by the department of social and health services for client services, benefits, or vendor overpayments or moneys collected by the division of child support; and

       (5)"

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2724.

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


MOTIONS


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

       On page 1, line 3 of the title, after "enforcement actions;" strike the remainder of the title and insert "amending RCW 43.79.270, 9.46.100, 15.13.470, 15.36.441, 15.36.471, 18.160.050, 19.146.228, 22.09.411, 28C.10.082, 43.10.200, 43.10.220, 43.23.230, 43.320.110, 43.320.120, 43.320.130, 43.70.340, 59.21.050, 70.47.030, and 77.21.080; reenacting and amending RCW 22.09.830; adding new sections to chapter 43.88 RCW; creating a new section; and providing an effective date."

      On motion of Senator Strannigan, the rules were suspended, Substitute House Bill No. 2724, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2724, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2724, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 1; Excused, 3.

      Voting yea: Senators Benton, Brown, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Thibaudeau, Winsley, Wood and Zarelli - 39.               Voting nay: Senators Fairley, Franklin, Heavey, Kline, Kohl and Wojahn - 6.                Absent: Senator Anderson - 1.               Excused: Senators Bauer, Swecker and West - 3.  SUBSTITUTE HOUSE BILL NO. 2724, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator Swecker was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2461, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Sump, Kessler, Schoesler, Benson, Koster, DeBolt, McMorris, Alexander, Gardner, Linville, Thompson and Mulliken)

 

Requiring a timely distribution of certain state forest land funds back to the counties.


      The bill was read the second time.

MOTION


      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 2461 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2461.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2461 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

       Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Thibaudeau, Winsley, Wood and Zarelli - 45.

       Voting nay: Senator Wojahn - 1.

       Excused: Senators Bauer, Swecker and West - 3.

      SUBSTITUTE HOUSE BILL NO. 2461, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2826, by House Committee on Natural Resources (originally sponsored by Representatives Schoesler, Hatfield, Buck, Butler, Kessler and Robertson)

 

Authorizing distribution of nonhighway vehicle funds to nonprofit off-road vehicle organizations.


      The bill was read the second time.

MOTION


      On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 2826 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTIONS


      On motion of Senator Hale, Senator Strannigan was excused.

      On motion of Senator Spanel, Senator Loveland was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2826.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2826 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.                    Absent: Senator Finkbeiner - 1.        Excused: Senators Bauer, Loveland, Strannigan, Swecker and West - 5.      SUBSTITUTE HOUSE BILL NO. 2826, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2905, by Representatives Carrell, Talcott, Cooke, Bush, Smith, Cairnes, Koster, Backlund, Sherstad, Lambert and Kastama

 

Prohibiting placement of sexually violent predators in state mental facilities.


      The bill was read the second time.

MOTION


      On motion of Senator Long, the rules were suspended, House Bill No. 2905 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTION


      On motion of Senator Hale, Senator Schow was excused.

      Further debate ensued.


POINT OF INQUIRY


      Senator McAuliffe: “Senator Long, I just want to clarify something, if you could. You have said that this option was never used before and now we are placing it in law. Is that right?”

      Senator Long: “No, what I said is the option has not been used and we are saying it can't be.”

      Senator McAuliffe: “Thank you very much. I did not hear that correctly.”


POINT OF INQUIRY


      Senator Wojahn: “Senator Long, where are we going to put these people? Do we have a facility to which to put them?”

      Senator Long: “They don't exist right now. They go to McNeill Island--they will--and they are being kept in secure facilities in our prisons and we do have treatments at McNeill and at other facilities, so it isn't that we are just locking them up.”

      Senator Wojahn: “Is that the reason for the emergency clause on the bill?”

      Senator Long: “Pardon me?”

      Senator Wojahn: “Is that the reason for the emergency clause?”

      Senator Long: “Yes.”

      Senator Wojahn: “Thank you.”

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2905.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2905 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 4; Absent, 2; Excused, 4.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 39.             Voting nay: Senators Fairley, Fraser, McAuliffe and Wojahn - 4.               Absent: Senators Hargrove and Sellar - 2.             Excused: Senators Bauer, Schow, Strannigan and West - 4.      HOUSE BILL NO. 2905, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


      At 10:37 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 11:42 a.m. by President Owen.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2830, by House Government Reform and Land Use (originally sponsored by Representatives Reams, Romero and Lantz) (by request of Land Use Study Commission)


      Implementing recommendations of the land use study commission.


      The bill was read the second time.


MOTION


      Senator McCaslin moved that the following Committee on Government Operations amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 35.13.182 and 1997 c 429 s 37 are each amended to read as follows:

       (1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:

       (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town ((if such area existed before June 30, 1994)); or

       (b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.

       (2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.

       (3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.

       NEW SECTION. Sec. 2. A new section is added to chapter 35.13 RCW to read as follows:

       The annexation ordinance provided for in RCW 35.13.182 is subject to referendum for forty-five days after its passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose not less than forty-five days nor more than ninety days after the filing of the referendum petition. Notice of the election shall be given as provided in RCW 35.13.080 and the election shall be conducted as provided in the general election law. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

       After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the city or town upon the date fixed in the ordinance of annexation.

       NEW SECTION. Sec. 3. A new section is added to chapter 35.13 RCW to read as follows:

       On the date set for hearing as provided in RCW 35.13.182(2), residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The legislative body may provide by ordinance for annexation of the territory described in the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements.

       Sec. 4. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

       The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

       (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Urban growth areas should have concentrated employment centers, separated by adequate buffers that protect critical areas, and need not be uniformly urban in nature.

       (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

       (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

       (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

       (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

       (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

       (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

       (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

       (9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

       (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

       (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

       (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

       (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

       Sec. 5. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:

       (1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW ((36.70A.120)) 36.70A.040. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within ((three)) five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.

       (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.

       (3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.

       (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

       Sec. 6. RCW 36.70A.070 and 1997 c 429 s 7 are each amended to read as follows:

       The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

       Each comprehensive plan shall include a plan, scheme, or design for each of the following:

       (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

       (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community, including affordable housing and adequate housing located within reasonable commuting distances to employment centers.

       (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

       (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

       (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:

       (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.

       (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. In order to achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.

       (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:

       (i) Containing or otherwise controlling rural development;

       (ii) Assuring visual compatibility of rural development with the surrounding rural area;

       (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;




       (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and

       (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.

       (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:

       (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection. An industrial area is not required to be principally designed to serve the existing and projected rural population;

       (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;

       (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;

       (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;

       (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:

       (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;

       (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or

       (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).

       (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.

       (6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

       (a) Land use assumptions used in estimating travel;

       (b) Facilities and services needs, including:

       (i) An inventory of air, water, and ground transportation facilities and services, including railways, transit alignments, and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities, including interstate highway exits and ferry terminals, within the city or county's jurisdictional boundaries;

       (ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

       (iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

       (iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

       (v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

       (c) Finance, including:

       (i) An analysis of funding capability to judge needs against probable funding resources;

       (ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

       (iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

       (d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

       (e) Demand-management strategies.

       After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

       The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

       NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows:

       As part of the review required by RCW 36.70A.130(1), a county or city shall review its mineral resource lands designations adopted pursuant to RCW 36.70A.170 and mineral resource lands development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060. In its review, the county or city shall take into consideration:

       (1) New information made available since the adoption or last review of its designations or development regulations, including data available from the department of natural resources relating to mineral resource deposits; and

       (2) New or modified model development regulations for mineral resource lands prepared by the department of natural resources, the department of community, trade, and economic development, or the Washington state association of counties.

       Sec. 8. 1995 c 347 s 433 (uncodified) is amended to read as follows:

       ((Sections 413 and 421 of this act)) RCW 36.70B.090 and 64.40.050 shall expire June 30, ((1998)) 2000. The provisions of ((sections 413 and 421 of this act)) RCW 36.70B.090 and 64.40.050 shall apply to project permit applications determined to be complete pursuant to RCW 36.70B.070 on or before June 30, ((1998)) 2000.

       Sec. 9. 1995 c 347 s 411 (uncodified) is amended to read as follows:

       The amendments to RCW ((36.70A.065)) 36.70B.080 contained in section 409 ((of this act)), chapter 347, Laws of 1995 shall expire July 1, ((1998)) 2000.

       Sec. 10. 1995 c 347 s 412 (uncodified) is amended to read as follows:

       Section 410 ((of this act)), chapter 347, Laws of 1995 shall take effect July 1, ((1998)) 2000."



MOTION


      Senator Haugen moved that the following amendments by Senators Haugen and McCaslin to the Committee on Government Operations striking amendment be considered simultaneously and be adopted:

       Beginning on page 3, line 1 of the amendment, strike all of section 4.

       Beginning on page 5, line 27 of the amendment, strike all of section 6.

       Renumber the remaining sections consecutively and correct any internal references accordingly.


MOTION


      On motion of Senator Anderson, the question was divided.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and McCaslin on page 3, line 1, to the Committee on Government Operations striking amendment to Engrossed Substitute House Bill No. 2830.

      Debate ensued.

      The amendment by Senators Haugen and McCaslin on page 3, line 1, to the committee striking amendment was not adopted.


MOTION


      On motion of Senator Haugen, and there being no objection, the amendment by Senators Haugen and McCaslin on page 5, line 27, to the committee striking amendment, was withdrawn.


MOTION


      Senator Benton moved that the following amendment by Senators Benton, Horn and Wood to the Committee on Government Operations striking amendment be adopted:

       On page 5, after line 26 of the amendment, insert the following:

       "NEW SECTION. Sec. 6. A new section is added to chapter 36.70A RCW to read as follows:

       Each county that is required or chooses to plan under RCW 36.70A.040 shall coordinate with the cities located in the county to develop a common and consistent set of development regulations and standards for lands located in an urban growth area within a county. If no common and consistent set of development regulations and standards is agreed upon within two years of the effective date of this act, the development regulations of the jurisdiction where the property is located shall prevail without penalty."

       Renumber the sections consecutively and correct any internal references accordingly.


POINT OF ORDER


      Senator Haugen: “Mr. President, I ask for a ruling on the scope and object of this amendment to the committee amendment. The underlying bill is a recommendation of the Land Use Study Commission. They never even looked at this issue, let alone make any recommendations to it. Nothing in the underlying bill has anything to do with permit holders or anything else, so I would urge you to take a look at the scope and object of this particular amendment.”

      Debate ensued.

MOTION


      On motion of Senator Johnson, and there being no objection, further consideration of Engrossed Substitute House Bill No. 2830 was deferred. 


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2977, by House Committee on House Government Reform and Land Use (originally sponsored by Representatives Sheahan and Appelwick)

 

Changing provisions that relate to binding site plans.


      The bill was read the second time.


MOTION


      Senator Heavey moved that the following amendments be considered simultaneously and be adopted:

       On page 1, line 12, after "lease" insert "or sale, including without limitation when subjected to the provisions of either chapter 64.32 or 64.34 RCW,"

       On page 3, line 11, after "lease" insert "or sale, including without limitation when subjected to the provisions of either chapter 64.32 or 64.34 RCW,"

       On page 3, line 12, after "mobile" insert "or manufactured"

       On page 3, line 12, after "are" insert "or have been"

       On page 3, line 15, after "regulations" insert "for a mobile or manufactured home or travel trailer park which is constructed or to be constructed, and the binding site plan has been filed with the county auditor"

       On page 5, line 11, after "created." insert "This section does not apply to a division of land governed by RCW 58.17.040(5) pursuant to an ordinance adopted by a city, town, or county as authorized by RCW 58.17.035."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Heavey on page 1, line 12; page 3, lines 11, 12(2), and 15; and page 5, line 11, to Substitute House Bill No. 2977.

      The motion by Senator Heavey failed and the amendments were not adopted.


MOTION


      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2977 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2977.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2977 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32.   Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Haugen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Spanel, Thibaudeau and Wojahn - 17.                  SUBSTITUTE HOUSE BILL NO. 2977, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


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


      There being no objection, the Senate resumed consideration of Substitute House Bill No. 1992, deferred on third reading March 4, 1998.

       The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1992.

      Debate ensued.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1992 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.     SUBSTITUTE HOUSE BILL NO. 1992, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


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


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1223, by House Committee on Law and Justice (originally sponsored by Representatives Carrell, Zellinsky, Talcott, Hickel, Thompson and Conway)

 

Addressing the public nuisance activities of tenants.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 59.18.030 and 1973 1st ex.s. c 207 s 3 are each amended to read as follows:

       As used in this chapter:

       (1) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single family residences and units of multiplexes, apartment buildings, and mobile homes.

       (2) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the landlord.

       (3) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

       (4) "Owner" means one or more persons, jointly or severally, in whom is vested:

       (a) All or any part of the legal title to property; or

       (b) All or part of the beneficial ownership, and a right to present use and enjoyment of the property.

       (5) "Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant.

       (6) "Rental agreement" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

       (7) A "single family residence" is a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit.

       (8) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

       (9) "Reasonable attorney's fees", where authorized in this chapter, means an amount to be determined including the following factors: The time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services.

       (10) "Gang" means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

       (11) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose.

       Sec. 2. RCW 59.18.130 and 1992 c 38 s 2 are each amended to read as follows:

       Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:

       (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit;

       (2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;

       (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

       (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious;

       (5) Not permit a nuisance or common waste;

       (6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;

       (7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 48.48.140(3);

       (8) Not engage in any activity at the rental premises that is:

       (a) Imminently hazardous to the physical safety of other persons on the premises; and

       (b)(i) Entails physical assaults upon another person which result in an arrest; or

       (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon; ((and))

       (9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to engage in such activity at the premises, that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences. In determining whether a tenant is engaged in gang-related activity, a court should consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history; and

       (10) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter: PROVIDED, That the tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee.

       Sec. 3. RCW 59.18.180 and 1992 c 38 s 3 are each amended to read as follows:

       (1) If the tenant fails to comply with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the tenant of RCW 59.18.130 or 59.18.140 shall constitute a ground for commencing an action in unlawful detainer in accordance with the provisions of chapter 59.12 RCW, and a landlord may commence such action at any time after written notice pursuant to such chapter. The tenant shall have a defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorized under the provisions of chapter 59.12 RCW that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the thirty day period provided for above or any shorter period determined at the hearing to have been required because of an emergency: PROVIDED, That if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney's fees.

       (2) If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action.

       (3) If activity on the premises that creates an imminent hazard to the physical safety of other persons on the premises as defined in RCW 59.18.130(8) is alleged to be the basis for termination of the tenancy, and the tenant is arrested as a result of this activity, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action against the tenant who was arrested for this activity.

       (4) If gang-related activity, as prohibited under RCW 59.18.130(9), is alleged to be the basis for termination of the tenancy, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action in accordance with chapter 59.12 RCW, and a landlord may commence such an action at any time after written notice under chapter 59.12 RCW.

       (5) A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity ((or)), for creating an imminent hazard to the physical safety of others, or for engaging in gang-related activity that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was brought in good faith. Nothing in this section shall affect a landlord's liability under RCW 59.18.380 to pay all damages sustained by the tenant should the writ of restitution be wrongfully sued out.

       NEW SECTION. Sec. 4. A new section is added to chapter 59.18 RCW to read as follows:

       The legislature finds and declares that the ability to feel safe and secure in one's own home and in one's own community is of primary importance. The legislature recognizes that certain gang-related activity can affect the safety of a considerable number of people in the rental premises and dwelling units. Therefore, such activity, although it may be occurring within an individual's home or the surrounding areas of an individual's home, becomes the community's concern.

       The legislature intends that the remedy provided in section 5 of this act be used solely to protect the health and safety of the community. The remedy is not a means for private citizens to bring malicious or unfounded actions against fellow tenants or residential neighbors for personal reasons. In determining whether the tenant's activity is the type prohibited under RCW 59.18.130(9), the court should consider the totality of the circumstances, including factors such as whether there have been numerous complaints to the landlord, damage to property, police or incident reports, reports of disturbance, and arrests. An absence of any or all of these factors does not necessarily mean gang activity is not occurring. In determining whether the tenant is engaging in gang-related activity, the court should consider the purpose and intent of section 5 of this act. The legislature intends to give people in the community a tool that will help them restore the health and vibrance of their community.

       NEW SECTION. Sec. 5. A new section is added to chapter 59.18 RCW to read as follows:

       (1)(a) Any person whose life, safety, health, or use of property is being injured or endangered by a tenant's gang-related activity, who has legal standing and resides, works in, or owns property in the same multifamily building, apartment complex, or within a one-block radius may serve the landlord with a ten-day notice and demand that the landlord commence an unlawful detainer action against the tenant. The notice and demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is occurring. The notice and demand shall be served by delivering a copy personally to the landlord or the landlord's agent. If the person is unable to personally serve the landlord after exercising due diligence, the person may deposit the notice and demand in the mail, postage prepaid, to the landlord's or the landlord's agent's last known address.

       (b) A copy of the notice and demand must also be served upon the tenant engaging in the gang-related activity by delivering a copy personally to the tenant. However, if the person is prevented from personally serving the tenant due to threats or violence, or if personal service is not reasonable under the circumstances, the person may deposit the notice and demand in the mail, postage prepaid, to the tenant's address, or leave a copy of the notice and demand in a conspicuous location at the tenant's residence.

       (2)(a) Within ten days from the time the notice and demand is served, the landlord has a duty to take reasonable steps to investigate the tenant's alleged noncompliance with RCW 59.18.130(9). The landlord must notify the person who brought the notice and demand that an investigation is occurring. The landlord has ten days from the time he or she notifies the person in which to conduct a reasonable investigation.

       (b) If, after reasonable investigation, the landlord finds that the tenant is not in compliance with RCW 59.18.130(9), the landlord may proceed directly to an unlawful detainer action or take reasonable steps to ensure the tenant discontinues the prohibited activity and complies with RCW 59.18.130(9). The landlord shall notify the person who served the notice and demand of whatever action the landlord takes.

       (c) If, after reasonable investigation, the landlord finds that the tenant is in compliance with RCW 59.18.130(9), the landlord shall notify the person who served the notice and demand of the landlord's findings.

       (3) The person who served the notice and demand may petition the appropriate court to have the tenancy terminated and the tenant removed from the premises if: (a) Within ten days of service of the notice and demand, the tenant fails to discontinue the gang-related activity and the landlord fails to conduct a reasonable investigation; or (b) the landlord notifies the person that the landlord conducted a reasonable investigation and found that the tenant was not engaged in gang-related activity as prohibited under RCW 59.18.130(9); or (c) the landlord took reasonable steps to have the tenant comply with RCW 59.18.130(9), but the tenant has failed to comply within a reasonable time.

       (4) If the court finds that the tenant was not in compliance with RCW 59.18.130(9), the court shall enter an order terminating the tenancy and requiring the tenant to vacate the premises. The court shall not issue the order terminating the tenancy unless it has found that the allegations of gang-related activity are corroborated by a source other than the person who has petitioned the court.

       (5) The prevailing party shall recover reasonable attorneys' fees and costs. The court may impose sanctions, in addition to attorneys' fees, on a person who has brought an action under this chapter against the same tenant on more than one occasion, if the court finds the petition was brought with the intent to harass. However, the court must order the landlord to pay costs and reasonable attorneys' fees to the person petitioning for termination of the tenancy if the court finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails.

       Sec. 6. RCW 59.12.030 and 1983 c 264 s 1 are each amended to read as follows:

       A tenant of real property for a term less than life is guilty of unlawful detainer either:

       (1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her. When real property is leased for a specified term or period by express or implied contract, whether written or oral, the tenancy shall be terminated without notice at the expiration of the specified term or period;

       (2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month or period, has served notice (in manner in RCW 59.12.040 provided) requiring him or her to quit the premises at the expiration of such month or period;

       (3) When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) in behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service thereof. The notice may be served at any time after the rent becomes due;

       (4) When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any other condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain uncomplied with for ten days after service thereof. Within ten days after the service of such notice the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease from such forfeiture;

       (5) When he or she commits or permits waste upon the demised premises, or when he or she sets up or carries on thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after the service (in manner in RCW 59.12.040 provided) upon him or her of three days' notice to quit; ((or))

       (6) A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after three days' notice, in writing and served upon him or her in the manner provided in RCW 59.12.040. Such person may also be subject to the criminal provisions of chapter 9A.52 RCW; or

       (7) When he or she commits or permits any gang-related activity at the premises as prohibited by RCW 59.18.130."


MOTIONS


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

       On page 1, line 1 of the title, after "relations;" strike the remainder of the title and insert "amending RCW 59.18.030, 59.18.130, 59.18.180, and 59.12.030; and adding new sections to chapter 59.18 RCW."

      On motion of Senator Roach, the rules were suspended, Engrossed Substitute House Bill No. 1223, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1223, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1223, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 46.   Voting nay: Senators Prentice, Thibaudeau and Wojahn - 3.                ENGROSSED SUBSTITUTE HOUSE BILL NO. 1223, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Johnson, the Senate reverted the first order of business.


REPORT OF STANDING COMMITTEE

March 6, 1998

ESHB 2947        Prime Sponsor, House Committee on Commerce and Labor: Revising unemployment compensation for part-time faculty. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.


      Passed to Committee on Rules for second reading.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

March 6, 1998

GA 9226            TIM DOUGLAS, appointed January 27, 1997, for a term ending at the pleasure of the Governor, as Director of the                            Department of Community, Trade and Economic Development.

                           Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, and Heavey.


      Passed to Committee on Rules.


March 6, 1998

GA 9265            PATRICIA L. HERBOLD, appointed July 1, 1997, for a term ending June 30, 2003, as a member of the Gambling                            Commission.

                           Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, and Heavey.


      Passed to Committee on Rules.


March 6, 1998

GA 9296            SHEILA GUENTHER, appointed September 15, 1997, for a term ending August 2, 2003, as a member of the Lottery                            Commission.

                           Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, and Heavey.


      Passed to Committee on Rules.

March 6, 1998

GA 9341JAMES A. MEDINA, appointed January 15, 1998, for a term ending at the pleasure of the Governor, as Director of the Office

                           of Minority and Women's Business Enterprises.  

                           Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, and Heavey.


      Passed to Committee on Rules.


MOTION


      At 12:26 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 1:31 p.m. by President Owen.

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


SECOND READING


      HOUSE BILL NO. 3052, by Representatives L. Thomas, Smith, Mielke, Grant, DeBolt, Dyer, Hickel, Sullivan and Robertson

 

Authorizing self-audits by insurers.


      The bill was read the second time.

MOTION


      On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The legislature finds that protection of insurance consumers likely is enhanced by insurers' voluntary compliance with this state's insurance and other laws and that the public will benefit from incentives to identify and remedy insurance and other compliance issues. One method to encourage insurers both to conduct voluntary internal audits of their compliance programs and management systems and to assess and improve compliance with state and federal statutes, rules, and orders, is to provide an insurance compliance self-evaluative privilege to protect the confidentiality of communications relating to voluntary internal compliance audits. The legislature intends to study public policy issues regarding a limited privilege to encourage voluntary compliance and improve insurance market conduct quality, and whether the expanded privilege could inhibit the exercise of the regulatory authority by those entrusted with protecting insurance consumers.

       (2) The house financial institutions and insurance committee and the senate financial institutions, insurance and housing committee shall jointly study insurance compliance self-evaluative audits and make recommendations on whether a limited privilege should be authorized in Washington state to encourage such audits. The chairs of the two committees shall oversee the study. If the recommendations include authorizing the limited privilege, the study shall develop a bill for consideration in the 1999 legislative session.

       (3) The two committee chairs shall organize a study group that includes the voluntary participation of the insurance industry, the office of the insurance commissioner, and other interested parties. The ranking minority members of each committee shall also participate in the study group.

       (4) The house office of program research and senate committee services shall staff the study group.

       (5) The recommendations of the study group are due by December 31, 1998. This section expires January 1, 1999."


MOTIONS


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

       On page 1, line 1 of the title, after "insurers;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."

      On motion of Senator Winsley, the rules were suspended, House Bill No. 3052, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

MOTION


      On motion of Senator Franklin, Senator Brown was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 3052, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 3052, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 5; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.                    Absent: Senators Horn, McAuliffe, Newhouse, Prince and Roach - 5.            Excused: Senator Brown - 1.      HOUSE BILL NO. 3052, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION


      On motion of Senator Hale, Senators Horn and Newhouse were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1692, by House Committee on Capital Budget (originally sponsored by Representatives Sehlin, Morris, Anderson, Honeyford, Huff, Lantz and Chopp)

 

Describing those lands eligible to be included in a port district aquatic lands management agreement.


      The bill was read the second time.

MOTION


      On motion of Senator Rossi, the following Committee on Natural Resources and Parks amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 79.90.465 and 1984 c 221 s 4 are each amended to read as follows:

       The definitions in this section apply throughout chapters 79.90 through 79.96 RCW.

       (1) "Water-dependent use" means a use which cannot logically exist in any location but on the water. Examples include, but are not limited to, water-borne commerce; terminal and transfer facilities; ferry terminals; watercraft sales in conjunction with other water-dependent uses; watercraft construction, repair, and maintenance; moorage and launching facilities; aquaculture; log booming; and public fishing piers and parks.

       (2) "Water-oriented use" means a use which historically has been dependent on a waterfront location, but with existing technology could be located away from the waterfront. Examples include, but are not limited to, wood products manufacturing, watercraft sales, fish processing, petroleum refining, sand and gravel processing, log storage, and house boats. For the purposes of determining rent under this chapter, water-oriented uses shall be classified as water-dependent uses if the activity either is conducted on state-owned aquatic lands leased on October 1, 1984, or was actually conducted on the state-owned aquatic lands for at least three years before October 1, 1984. If, after October 1, 1984, the activity is changed to a use other than a water-dependent use, the activity shall be classified as a nonwater-dependent use. If continuation of the existing use requires leasing additional state-owned aquatic lands and is permitted under the shoreline management act of 1971, chapter 90.58 RCW, the department may allow reasonable expansion of the water-oriented use.

       (3) "Nonwater-dependent use" means a use which can operate in a location other than on the waterfront. Examples include, but are not limited to, hotels, condominiums, apartments, restaurants, retail stores, and warehouses not part of a marine terminal or transfer facility.

       (4) "Log storage" means the water storage of logs in rafts or otherwise prepared for shipment in water-borne commerce, but does not include the temporary holding of logs to be taken directly into a vessel or processing facility.

       (5) "Log booming" means placing logs into and taking them out of the water, assembling and disassembling log rafts before or after their movement in water-borne commerce, related handling and sorting activities taking place in the water, and the temporary holding of logs to be taken directly into a processing facility. "Log booming" does not include the temporary holding of logs to be taken directly into a vessel.

       (6) "Department" means the department of natural resources.

       (7) "Port district" means a port district created under Title 53 RCW.

       (8) The "real rate of return" means the average for the most recent ten calendar years of the average rate of return on conventional real property mortgages as reported by the federal home loan bank board or any successor agency, minus the average inflation rate for the most recent ten calendar years.

       (9) The "inflation rate" for a given year is the percentage rate of change in the previous calendar year's all commodity producer price index of the bureau of labor statistics of the United States department of commerce. If the index ceases to be published, the department shall designate by rule a comparable substitute index.

       (10) "Public utility lines" means pipes, conduits, and similar facilities for distribution of water, electricity, natural gas, telephone, other electronic communication, and sewers, including sewer outfall lines.




       (11) "Terminal" means a point of interchange between land and water carriers, such as a pier, wharf, or group of such, equipped with facilities for care and handling of cargo and/or passengers.

       (12) "State-owned aquatic lands" means those aquatic lands and waterways administered by the department of natural resources or managed under RCW 79.90.475 by a port district. "State-owned aquatic lands" does not include aquatic lands owned in fee by, or withdrawn for the use of, state agencies other than the department of natural resources.

       (13) "City" means a city or town created under Title 35 or 35A RCW.

       (14) "Marina" means a waterfront facility that provides moorage for recreation vessels, charter vessels, commercial fishing vessels, and water-based aircraft. A marina facility may include fuel docks and associated chandlery activities designed to serve recreational vessels, charter vessels, commercial fishing vessels, and water-based aircraft.

       Sec. 2. RCW 79.90.475 and 1984 c 221 s 6 are each amended to read as follows:

       Upon request of a port district, the department and port district may enter into an agreement authorizing the port district to manage state-owned aquatic lands ((abutting or used in conjunction with and contiguous to uplands owned, leased, or otherwise managed by a port district,)) for port purposes as provided in Title 53 RCW. The lands that may be included in a port district aquatic lands management agreement are those state-owned aquatic lands abutting or used in conjunction with and contiguous to uplands owned, leased, or otherwise managed by a port district. If a port district owns or operates a public marina facility within a bay where the distance between the headlands at the entrance to the bay is two miles or less, the state-owned aquatic lands beneath the marina facility shall also be eligible for management by the port district under a management agreement.

       ((Such)) A port district aquatic lands management agreement shall include, but not be limited to, provisions defining the specific area to be managed, the term, conditions of occupancy, reservations, periodic review, and other conditions to ensure consistency with the state Constitution and the policies of this chapter. If a port district acquires operating management, lease, or ownership of real property which abuts state-owned aquatic lands currently under lease from the state to a person other than the port district, the port district shall manage such aquatic lands if: (1) The port district acquires the leasehold interest in accordance with state law, or (2) the current lessee and the department agree to termination of the current lease to accommodate management by the port. The administration of aquatic lands covered by a port district aquatic lands management agreement shall be consistent with the aquatic land policies of chapters 79.90 through 79.96 RCW and the implementing ((regulations)) rules adopted by the department. The administrative procedures for management of the lands shall be those of Title 53 RCW.

       No rent shall be due the state for the use of state-owned aquatic lands managed under this section for water-dependent or water-oriented uses. If a port district manages state-owned aquatic lands under this section and either leases or otherwise permits any person to use such lands, the rental fee attributable to such aquatic land only shall be comparable to the rent charged lessees for the same or similar uses by the department: PROVIDED, That a port district need not itemize for the lessee any charges for state-owned aquatic lands improved by the port district for use by carriers by water. If a port leases state-owned aquatic lands to any person for nonwater-dependent use, eighty-five percent of the revenue attributable to the rent of the state-owned aquatic land only shall be paid to the state.

       Upon application for a management agreement, and so long as the application is pending and being diligently pursued, no rent shall be due the department for the lease by the port district of state-owned aquatic lands included within the application for water-dependent or water-oriented uses.

       The department and representatives of the port industry shall develop a proposed model management agreement which shall be used as the basis for negotiating the management agreements required by this section. The model management agreement shall be reviewed and approved by the board of natural resources.

       NEW SECTION. Sec. 3. A new section is added to chapter 79.90 RCW to read as follows:

       (1) Upon request of a city, the department and city may enter into an agreement authorizing the city to manage state-owned aquatic lands for the purpose of operating a publicly owned marina. The lands that may be included in a city aquatic lands management agreement are those state-owned aquatic lands abutting or used in conjunction with and contiguous to uplands owned, leased, or otherwise managed by a city. All state-owned aquatic lands beneath any publicly owned marina developed or maintained by a city are eligible for management by the city under a management agreement.

       A city aquatic lands management agreement shall include, but not be limited to, provisions defining the specific area to be managed, the term, conditions of occupancy, reservations, periodic review, and other conditions to ensure consistency with the state Constitution and the policies of this chapter. If a city acquires operating management, lease, or ownership of real property that abuts state-owned aquatic lands currently under lease from the state to a person other than the city, the city shall manage the aquatic lands if: (a) The city acquires the leasehold interest in accordance with state law, or (b) the current lessee and the department agree to termination of the current lease to accommodate management by the city. The administration of aquatic lands covered by a city aquatic lands management agreement shall be consistent with the aquatic land policies of chapters 79.90 through 79.96 RCW and the implementing rules adopted by the department. The administrative procedures for management of the lands shall be those of Title 35 or 35A RCW, whichever is appropriate.

       No rent is due the state for the use of state-owned aquatic lands managed under this section for water-dependent or water-oriented uses. If a city manages state-owned aquatic lands under this section and either leases or otherwise permits any person to use the lands, the rental fee attributable to the aquatic land only shall be comparable to the rent charged lessees for the same or similar uses by the department. If a city leases state-owned aquatic lands to any person for nonwater-dependent use, eighty-five percent of the revenue attributable to the rent of the state-owned aquatic land only shall be paid to the state.

       Upon application for a management agreement, and so long as the application is pending and being diligently pursued, no rent is due the department for the lease by the city of state-owned aquatic lands included within the application for water-dependent or water-oriented uses.

       The department and representatives of the association of Washington cities shall develop a proposed model management agreement that shall be used as the basis for negotiating the management agreements required by this section. The model management agreement shall be reviewed and approved by the board of natural resources.

       (2) A city that operates a publicly owned marina within the territorial limits of a port district shall obtain the approval of the port commission prior to applying to the department for a management agreement. A city with marina facilities in existence on the effective date of this act may enter into a management agreement for those facilities without port commission approval.

       Sec. 4. RCW 79.90.520 and 1991 c 64 s 1 are each amended to read as follows:

       The manager shall, by rule, provide for an administrative review of any aquatic land rent proposed to be charged. The rules shall require that the lessee or applicant for release file a request for review within thirty days after the manager has notified the lessee or applicant of the rent due. For leases issued by the department, the final authority for the review rests with the board of natural resources. For leases managed under RCW 79.90.475, the final authority for the review rests with the appropriate port commission. For leases managed under section 3 of this act, the final authority for the review rests with the appropriate city legislative authority. If the request for review is made within thirty days after the manager's final determination as to the rental, the lessee may pay rent at the preceding year's rate pending completion of the review, and shall pay any additional rent or be entitled to a refund, with interest thirty days after announcement of the decision. The interest rate shall be fixed, from time to time, by rule adopted by the board of natural resources and shall not be less than six percent per annum. Nothing in this section abrogates the right of an aggrieved party to pursue legal remedies. For purposes of this section, "manager" is the department except where state-owned aquatic lands are managed by a port district or a city, in which case "manager" is the appropriate port district or city.

       Sec. 5. RCW 79.93.040 and 1984 c 221 s 21 are each amended to read as follows:

       If the United States government has established pierhead lines within a waterway created under the laws of this state at any distance from the boundaries established by the state, structures may be constructed in that strip of waterway between the waterway boundary and the nearest pierhead line only with the consent of the department of natural resources and upon such plans, terms, and conditions and for such term as determined by the department. However, no permit shall extend for a period longer than thirty years.

       The department may cancel any permit upon sixty days' notice for a substantial breach by the permittee of any of the permit conditions.

       If a waterway is within the territorial limits of a port district, the duties assigned by this section to the department may be exercised by the port commission of such port district as provided in RCW 79.90.475. If a waterway is within the territorial limits of a city, the duties assigned by this section to the department may be exercised by the city as provided in section 3 of this act.

       Nothing in this section shall confer upon, create, or recognize in any abutting owner any right or privilege in or to any strip of waterway abutting any street and between prolongations of the lines of such street, but the control of and the right to use such strip is hereby reserved to the state of Washington, except as authorized by RCW 79.90.475 and section 3 of this act."


MOTIONS


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

       On page 1, line 1 of the title, after "lands;" strike the remainder of the title and insert "amending RCW 79.90.465, 79.90.475, 79.90.520, and 79.93.040; and adding a new section to chapter 79.90 RCW."

      On motion of Senator Rossi, the rules were suspended, Substitute House Bill No. 1692, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1692, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1692, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 40.         Voting nay: Senators Fairley, Fraser, Heavey, Jacobsen, Kohl, Thibaudeau and Wojahn - 7.         Excused: Senators Horn and Newhouse - 2.      SUBSTITUTE HOUSE BILL NO. 1692, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2300, by House Committee on Education (originally sponsored by Representatives Johnson, Keiser, Huff, Talcott, Hickel, Carrell, Linville, Lisk, Veloria, Skinner, Cairnes, Mason, Lambert, Mulliken, Backlund, Mitchell, Wolfe, Constantine, Kastama, Kenney, Gardner, Benson, Ogden, Butler, Carlson, Kessler, Costa, Anderson, Conway, Lantz and McDonald)

 

Changing provisions relating to educational pathways.


      The bill was read the second time.


MOTION


      On motion of Senator Hochstatter, the rules were suspended, Engrossed Substitute House Bill No. 2300 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2300.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2300 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators Horn and Newhouse - 2.          ENGROSSED SUBSTITUTE HOUSE BILL NO. 2300, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2969, by Representatives Carrell, Sheahan, B. Thomas, Robertson, Sterk, Sherstad, McMorris, Backlund, Ballasiotes, Talcott, DeBolt, Alexander, Boldt, Zellinsky, Pennington, Mitchell, Huff, K. Schmidt, Dyer, Bush, Dunn, Schoesler, Smith, D. Sommers, Dunshee and McCune

 

Providing a sales and use tax exemption for gun safes.


      The bill was read the second time.


MOTION


      Senator Fairley moved that the following amendment by Senators Fairley and Kohl be adopted:

       On page 1, line 10, after "means" insert "a trigger lock or"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley and Kohl on page 1, line 10, to House Bill No. 2969.

      The motion by Senator Fairley failed and the amendment was not adopted.


MOTION


      Senator Fairley moved that the following amendment by Senators Fairley and Kohl be adopted:

       On page 1, line 10, after "designed" strike "or modified"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley and Kohl on page 1, line 10, to House Bill No. 2969.

      The motion by Senator Fairley failed and the amendment was not adopted.


MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 2969 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2969.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2969 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 18.         Excused: Senator Newhouse - 1.           HOUSE BILL NO. 2969, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


      On motion of Senator Hale, Senator Stevens was excused.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496, by House Committee on Appropriations (originally sponsored by Representatives Buck, Doumit, Anderson, Sump, D. Sommers, Clements, Butler, Schoesler, Honeyford, Thompson, D. Schmidt, Linville, Chandler, Johnson, Regala, Hatfield, O'Brien, Dickerson, Ogden, Cooper, Kessler, Gardner, Conway and Eickmeyer)

 

Recovering salmon.


      The bill was read the second time.

MOTION


      Senator Swecker moved that the following Committee on Natural Resources and Parks amendment not be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to recover the salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

       The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated state-wide manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks within the state while also addressing improvements to water quality.

       The legislature also recognizes that a science-based approach that incorporates adaptive management strategies will be needed to help salmon stocks recover, and that an effective monitoring system is essential for implementing adaptive management. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

       The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific review and oversight; regional councils should be formed to provide a mechanism to include local knowledge and decision making into salmon recovery efforts; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

       (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects under section 11 of this act.

       (3) "Department" means the department of fish and wildlife.

       (4) "Director" means the director of the department of fish and wildlife.

       (5) "Habitat project" includes habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation efforts, and habitat project maintenance and monitoring activities.

       (6) "Natural resources-related state agencies" includes the department of natural resources, the department of fish and wildlife, the department of transportation, the parks and recreation commission, the Puget Sound water quality action team, the interagency committee for outdoor recreation, the conservation commission, the department of ecology, the department of agriculture, the department of health, and the department of community, trade, and economic development.

       (7) "Region" or "regional" means an area of the state that is identified as being the boundaries of a regional fisheries enhancement group.

       (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

       (9) "Schedule" means a habitat work schedule adopted by a regional council under section 7 of this act.

       (10) "Tribe" or "tribes" means federally recognized Indian tribes.

       (11) "Work plan" means a habitat work plan prepared by a regional council under section 11 of this act.

       NEW SECTION. Sec. 3. By December 31, 1998, the governor shall submit a summary of the implementation of this act to the legislature, and include recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (1) The need to expand or improve nonregulatory programs and activities; (2) the need to expand or improve state and local laws and regulations; and (3) the feasibility of forming a state-wide or regional community foundation or any other funding alternatives to assist in financing salmon recovery efforts.

       NEW SECTION. Sec. 4. Beginning in 1999, the governor shall submit a biennial state of the salmon report to the legislature during the first week of December. The report may include the following:

       (1) A region-by-region description of the amount of funds, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to endangered species act listings;

       (2) A summary of habitat projects including but not limited to:

       (a) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

       (b) A summary of salmon restoration efforts undertaken in the past two years; and

       (c) A summary of the role which private volunteer initiatives and institutions of higher education contribute in salmon habitat restoration efforts;

       (3) A summary of collaborative efforts undertaken with adjoining states or Canada;

       (4) A summary of fish management activities affecting salmon recovery;

       (5) A summary of information regarding impediments to successful salmon recovery efforts. The summary may include information on delays in obtaining approval or assistance from federal agencies, gaps or conflicts in state statutes, delays due to jurisdictional disputes, land management practices or other activities that are contributing to the degradation of salmon habitat, the lack of water or poor water quality during certain times of the year for certain stream segments, naturally based causes, international disputes, and any impediments to the success of regional councils;

       (6) Information on the estimated carrying capacity of new habitat created pursuant to chapter . . ., Laws of 1998 (this act);

       (7) A summary of the number and types of violations of existing laws pertaining to: (a) Water quality; and (b) salmon. The summary shall include information about sanctions imposed for these violations; and

       (8) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (a) The need to expand or improve nonregulatory programs and activities; and (b) the need to expand or improve state and local laws and regulations.

       NEW SECTION. Sec. 5. There is created the salmon recovery office within the office of the governor for the purpose of having a coordinated state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. By April 1, 1998, the governor shall appoint an executive director for the office. The executive director shall serve at the pleasure of the governor. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

       The salmon office may consist of up to eight total staff, including the executive director. At least one of the permanent staff positions shall be reserved for a person who is knowledgeable in tribal fishery interests. At least two of the staff shall be employees of the department. Other agencies including the department may transfer existing staff as agreed to by the agencies and deemed necessary to achieve the duties of the salmon recovery office.

       The governor's salmon recovery office may undertake activities on a state-wide or evolutionarily significant unit basis designed to improve the health of salmon, which may include the following:

       (1) Assist the fish and wildlife commission in the negotiation of international and interstate compacts or treaties affecting salmon recovery;

       (2) Act as liaison to the state congressional delegation, United States congress, federally recognized tribes, and the federal executive branch for issues related to the state's endangered species act salmon recovery plans;

       (3) Coordinate the delivery of technical assistance to regional councils for the development and implementation of habitat work schedules and habitat work plans. State natural resources-related agencies shall provide ongoing technical assistance to regional councils;

       (4) Review work plans with federal and tribal governments and state agencies, for conflict with applicable laws and treaties;

       (5) Any other services requested by a region that are reasonably related to the development or implementation of a salmon habitat restoration plan and agreed to by the executive director;

       (6) Establish a uniform state-wide reporting system for regional councils to collect information necessary to address topics that must be included as part of the governor's state of the salmon report;

       (7) Provide information to regional councils that has been developed or collected by state and federal agencies;

       (8) Develop electronic access to up-to-date information pertaining to salmon;

       (9) Develop a data system to track information pertaining to the number and types of violations of existing laws pertaining to water quality and salmon, including information about sanctions imposed for these violations; and

       (10) Coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate federal agencies in response to the federal endangered species act.

       NEW SECTION. Sec. 6. (1) The department shall authorize the creation of, and establish the boundaries for, up to four new regional fisheries enhancement groups in the state. Up to three of the new groups may be located in eastern Washington and one new group may be located in western Washington.

       (2) The boundaries served by a regional fisheries enhancement group shall constitute the boundaries of a region for the purpose of developing a habitat work plan. The department, after consultation with affected parties, may by rule adjust the boundaries of a regional fisheries enhancement group area.

       (3) One or more regional councils may combine into a single area to carry out the purposes of chapter . . ., Laws of 1998 (this act).

       NEW SECTION. Sec. 7. (1) There are established regional councils for the purpose of developing habitat work schedules and habitat work plans as outlined in section 11 of this act.

       (2)(a) The regional council shall consist of: (i) Qualified representation of cities, counties, special purpose districts, state, and tribal governments; (ii) conservation districts; and (iii) project sponsors, regional fisheries enhancement groups, and other restoration interests.

       (b) The nongovernmental participants shall predominately be residents of the regions and reflect a reasonably balanced representation between economic and other interests representing environmental, recreation, and other concerns.

       (3) The department, in consultation with the appropriate local, state, tribal, and federal governmental agencies shall convene a public meeting to establish a regional council. The department shall assure the time, place, and location of the convening meeting or meetings is well advertised.

       (4)(a) An existing group may serve as the regional council. To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsection (2) of this section. The existing group chosen in this manner plus any new members as in subsection (2) of this section will constitute the regional council for developing salmon habitat work plans under this chapter.

       (b) In the event that two or more groups are seeking recognition from the department, the following criteria shall be used:

       (i) A group that has been in existence shall be given preference;

       (ii) A group that most closely resembles the representation identified in subsection (2) of this section shall be given preference; and

       (iii) A group that has the broadest representation of the community shall be given preference.

       (c) The department shall endeavor to ensure that members of a group not selected as a regional council are allowed to participate in habitat restoration activities.

       (5) The department, in consultation with the local government entities in the region, shall formally recognize a regional council when the criteria under subsection (2) of this section are met.

       (6) A regional council may invite representatives of federal agencies as appropriate to assist the regional council in the development of a salmon habitat work plan.

       (7) Council members who are also project sponsors shall not participate in decision making on projects for which the member is the project sponsor and for which the member will recognize a direct financial benefit from the project.

       NEW SECTION. Sec. 8. The regional council shall convene a technical assistance group consisting of federal, state, tribal, local, and private individuals with appropriate expertise to provide the technical services identified in section 11 of this act. Where appropriate, the conservation district within the region will take a lead in developing and maintaining relationships between the technical assistance groups and the private landowner project sponsors under section 9 of this act.

       NEW SECTION. Sec. 9. (1) "Project sponsors" may include regional fisheries enhancement groups, private landowners, citizen groups, tribes, governmental entities, or nongovernmental entities implementing habitat projects. For a federal, state, or local governmental entity to be considered a project sponsor, it must manage riparian and littoral land in the region.

       (2) Within a region, a group of project sponsors may be organized around a river, tributary, estuary, or subbasin of a watershed.

       (3) Project sponsors undertake projects which have been prioritized by regional councils pursuant to section 11 of this act.

       NEW SECTION. Sec. 10. (1) The regional council shall:

       (a) Prioritize the habitat projects identified by a technical assistance group and project sponsors. The purpose of the prioritization is to rank projects in a manner that maximizes the habitat capable of establishing healthy populations of salmon;

       (b) Develop and submit a habitat work plan as required under section 11 of this act; and

       (c) Hold open, public meetings.

       (2) The regional council may:

       (a) Select an administrator and an administrative assistant and establish their responsibilities;

       (b) Administer any available funds to project implementers for salmon restoration efforts;

       (c) Establish a name for the regional council; and

       (d) Contract for habitat projects.

       NEW SECTION. Sec. 11. (1) Critical pathways methodology shall be used to develop a habitat work schedule and a habitat work plan that ensures salmon restoration activities within each region will be prioritized and implemented in a logical sequential manner that produces habitat capable of carrying healthy populations of salmon. The development of a habitat work schedule and a habitat work plan shall rely, to the extent possible, on existing information.

       (2)(a) The regional council shall develop a habitat work schedule to prioritize and determine the order in which habitat projects within the region will be accomplished.

       (b) The work schedule shall:

       (i) Identify limiting factors for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical assistance group convened under section 8 of this act has lead responsibility for this task;

       (ii) Identify and prioritize categories of projects, and prioritize between these categories, to respond to the limiting factors related to habitat identified by the technical assistance group. The technical assistance group convened under section 8 of this act has lead responsibility for this task;

       (iii) Identify local habitat projects that sponsors are willing to undertake. Project sponsors have lead responsibility for this task;

       (iv) Prioritize individual habitat projects to assure maximum benefit to salmon recovery. The regional council is responsible for this task, and shall consider salmon recovery efforts which are already being conducted in the region when developing the list of prioritized projects;

       (v) Identify appropriate funding sources. The regional council has the lead responsibility for this task;

       (vi) Issue requests for project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission have lead responsibility for this task;

       (vii) Review, evaluate, and rank project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission shall jointly review and evaluate project proposals in order to fund projects which will be beneficial to improving habitat for fish which are listed under the federal endangered species act or are considered to be weak stock;

       (viii) Fund high priority projects, subject to available funding, and any constraints on that funding. The department of fish and wildlife, the department of transportation, the conservation commission, and any other funding entity have lead responsibility for this task. If the agencies find that one or more high priority projects for the region do not have a capable project sponsor, the agencies must gain support from a willing project sponsor prior to funding the project; and

       (ix) Identify how projects will be monitored and evaluated. The regional council, in consultation with the technical assistance group and project sponsors, has lead responsibility for coordinating this task.

       (c) The habitat work plan consists of the habitat work schedule as well as the following information:

       (i) A list of the limiting factors for salmon in the region identified by the technical assistance group or by any watershed assessment in the region;

       (ii) A list of the entity or entities performing the habitat projects;

       (iii) A description of the adaptive management process that will be used to develop subsequent work plans;

       (iv) The start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species, of each project; and

       (v) An assessment of all available private, local, tribal, state, and federal government resources available for projects identified in the schedule.

       (3) The regional council shall submit a copy of the work plan to the salmon recovery office and to the independent science panel for review. The regional council may also implement those projects for which it has been able to obtain funding. Individual habitat work schedules may be prepared for a river, tributary, estuary, or subbasin of a watershed in a manner that allows the schedules to be combined to create a report which shows the recovery effort within a region, the state, or for specific runs of fish.

       (4) The habitat work plans shall be updated on an annual basis to depict new activities, report progress on projects, show completion of scheduled activities, determine which recovery efforts were successful, and show where adaptive management is required to address those recovery efforts that failed.

       NEW SECTION. Sec. 12. (1)(a) An independent science panel is hereby created consisting of five scientists appointed by the governor. The governor shall appoint the members of the independent science panel to a term of four years. The independent science panel members shall elect the chair of the panel among themselves every two years.

       (b) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the chair of the house of representatives natural resources committee, and the chair of the senate natural resources and parks committee. The chair of the senate committee and the chair of the house of representatives committee may each remove one person from the list of recommended candidates submitted by the institution conducting the screening. The governor may remove two persons from the list of recommended candidates. The governor shall appoint the remaining five recommended candidates on the list as the members of the independent science panel.

       (2) Membership of the independent science panel shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, and requirements for fully functioning ecosystems on a watershed basis.

       (3) Members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as pursuant to RCW 43.03.050 and 43.03.060.

       (4) Except as provided in section 13(3) of this act, the governor's office shall provide all necessary administrative support to the independent science panel.

       (5) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts, and not to make policy decisions which are the responsibility of decision makers.

       NEW SECTION. Sec. 13. The independent science panel shall have the following responsibilities:

       (1) Reviewing and evaluating the intended outcomes and performance measures of regionally developed habitat work plans. Comparable habitat restoration plans that have already undergone independent scientific review before the effective date of this section are not subject to review by the independent science panel under this subsection;

       (2) Developing, in cooperation with the Puget Sound ambient monitoring program, model monitoring programs for water quality and salmon habitat protection and restoration that may be used in regional salmon restoration efforts to track quantifiable performance measures. The Puget Sound action team, created in RCW 90.71.020, shall provide staff support to the independent science panel in the development of the model monitoring programs; and

       (3) Reporting to the governor and the legislature on adaptive management recommendations, performance measures, and intended outcomes for habitat work plans.

       Sec. 14. RCW 90.71.005 and 1996 c 138 s 1 are each amended to read as follows:

       (1) The legislature finds that:

       (a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;

       (b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;

       (c) The large number of governmental entities that now have regulatory programs affecting the water quality and the aquatic and upland habitats of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and

       (d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.

       (2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. To further the policy of the state, a recovery plan developed under the federal endangered species act for a portion or all of the Puget Sound shall be considered for inclusion into the Puget Sound water quality management plan.

       Sec. 15. RCW 90.71.020 and 1996 c 138 s 3 are each amended to read as follows:

       (1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; one person representing federally recognized tribes, appointed by the governor; and the chair of the action team. The action team shall also include the following ex officio nonvoting members: The regional director of the United States environmental protection agency; the regional supervisor of the national marine fisheries service; and the regional supervisor of the United States fish and wildlife service. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

       (2) The action team shall:

       (a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;

       (b) Coordinate monitoring and research programs as provided in RCW 90.71.060;

       (c) Work under the direction of the action team chair as provided in RCW 90.71.040;

       (d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;

       (e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;

       (f) Periodically amend the Puget Sound management plan;

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

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

       (i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

       (j) Receive and expend funding from other public agencies;

       (k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and

       (l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.

       (3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.

       (4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound (([management])) management plan and the work plan.

       (5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.

       Sec. 16. RCW 90.71.030 and 1996 c 138 s 4 are each amended to read as follows:

       (1) There is established the Puget Sound council composed of ((nine)) eleven members. ((Seven)) Nine members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, commercial fishers, recreational fishers, counties, cities, and the tribes. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

       (2) The council shall:

       (a) Recommend to the action team projects and activities for inclusion in the biennial work plan;

       (b) Recommend to the action team coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, local plan initiatives, and governmental and nongovernmental watershed restoration and protection activities; and

       (c) Recommend to the action team proposed amendments to the Puget Sound management plan.

       (3) The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year.

       NEW SECTION. Sec. 17. (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop a process to evaluate mitigation proposals. The work group shall seek technical assistance to ensure that federal, state, treaty-right, and local environmental laws and ordinances are met.

       (2) The framework shall include:

       (a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

       (b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

       (3) The appropriate agency or affected interests should collaborate with project proponents and the regional council to identify projects that offer mitigation opportunities. Mitigation funds may be used to implement projects identified by a regional council in a regional council's work plan to mitigate for the impacts of a transportation or other development proposal or project.

       (4) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.

       NEW SECTION. Sec. 18. Sections 1 through 13 of this act constitute a new chapter in Title 75 RCW.

       NEW SECTION. Sec. 19. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.

       NEW SECTION. Sec. 20. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      The President declared the question before the Senate to be the motion by Senator Swecker that the Committee on Natural Resources and Parks striking amendment to Engrossed Substitute House Bill No. 2496 not be adopted.

      The motion by Senator Swecker carried and the committee striking amendment to Engrossed Substitute House Bill No. 2496 was not adopted.

MOTION


      Senator Swecker moved that the following amendment by Senators Swecker, Jacobsen and Spanel be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. FINDINGS. The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

       The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks.

       The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

       The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific review and oversight; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat restoration projects to be funded by state agencies; habitat restoration projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

       NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

       (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

       (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under section 8(2) of this act. Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

       (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

       (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

       (6) "Project sponsor" is a county, city, special district, tribal government, a combination of such governments through interlocal agreements provided under chapter 39.34 RCW, a nonprofit organization, or one or more private citizens.

       (7) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

       (8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

       (9) "Tribe" or "tribes" means federally recognized Indian tribes.

       (10) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

       NEW SECTION. Sec. 3. IMPLEMENTATION--SUMMARY--RECOMMENDATIONS. By December 31, 1998, the governor shall submit a summary of the implementation of this act to the legislature, and include recommendations to the legislature that would further the success of salmon recovery. The recommendations may include:

       (1) The need to expand or improve nonregulatory programs and activities;

       (2) The need to expand or improve state and local laws and regulations; and

       (3) The feasibility of forming a state-wide or regional community foundation or any other funding alternatives to assist in financing salmon recovery efforts.

       NEW SECTION. Sec. 4. STATE OF THE SALMON REPORT. Beginning in December 2000, the governor shall submit a biennial state of the salmon report to the legislature during the first week of December. The report may include the following:

       (1) A description of the amount of in-kind and financial contributions, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to actual, proposed, or expected endangered species act listings;

       (2) A summary of habitat projects including but not limited to:

       (a) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

       (b) A summary of salmon restoration efforts undertaken in the past two years;

       (c) A summary of the role which private volunteer initiatives contribute in salmon habitat restoration efforts; and

       (d) A summary of efforts taken to protect salmon habitat;

       (3) A summary of collaborative efforts undertaken with adjoining states or Canada;

       (4) A summary of harvest and hatchery management activities affecting salmon recovery;

       (5) A summary of information regarding impediments to successful salmon recovery efforts;

       (6) A summary of the number and types of violations of existing laws pertaining to: (a) Water quality; and (b) salmon. The summary shall include information about the types of sanctions imposed for these violations;

       (7) Information on the estimated carrying capacity of new habitat created pursuant to chapter . . ., Laws of 1998 (this act); and

       (8) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include:

       (a) The need to expand or improve nonregulatory programs and activities; and

       (b) The need to expand or improve state and local laws and regulations.

       NEW SECTION. Sec. 5. GOVERNOR'S SALMON RECOVERY OFFICE. (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies in response to the federal endangered species act. The governor's salmon recovery office may also:

       (a) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's endangered species act salmon recovery plans; and

       (b) Provide the biennial state of the salmon report to the legislature pursuant to section 4 of this act.

       (2) This section expires June 30, 2006.

       NEW SECTION. Sec. 6. SCIENCE PANEL. (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

       (2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

       (3) The members of the independent science panel shall serve four-year terms. The independent science panel members shall elect the chair of the panel among themselves every two years. The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

       (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under sections 7, 8, and 9 of this act or to make policy decisions.

       (5) The independent science panel shall submit its findings to the legislature and the governor.

       NEW SECTION. Sec. 7. HABITAT RESTORATION PROJECT LISTS. (1)(a) Counties, cities, and tribal governments must jointly designate, by official resolution, the area for which a habitat restoration project list is to be developed and the lead entity that is to be responsible for submitting the habitat restoration project list. No project included on a habitat restoration project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.

       (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other restoration interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat restoration. The interagency review team may provide the lead entity with organizational models that may be used in establishing the committees.

       (c) The committee shall compile a list of habitat restoration projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat restoration project list. The committee shall also identify potential federal, state, local, and private funding sources.

       (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, an evolutionarily significant unit, or any other area as agreed to by the counties, cities, and tribes meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

       NEW SECTION. Sec. 8. CRITICAL PATHWAYS METHODOLOGY. (1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon restoration activities will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

       (2) The critical pathways methodology shall:

       (a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

       (b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;

       (c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; and

       (d) Describe the adaptive management strategy that will be used. The committee established under section 7 of this act shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

       (3) The habitat work list shall include all projects developed pursuant to subsection (2) of this section as well as any other salmon habitat restoration project implemented in the region. The work list shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.

       NEW SECTION. Sec. 9. INTERAGENCY REVIEW TEAM PROJECT FUNDING. (1) Representatives from the conservation commission, the department of transportation, and the department of fish and wildlife shall establish an interagency review team. Except as provided in subsection (6) of this section, habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year beginning in 1999.

       (2) If no lead entity has been formed under section 7 of this act, the interagency review team shall rank, prioritize, and dispense funds for habitat restoration projects by giving preference to the projects that:

       (a) Provide a greater benefit to salmon recovery;

       (b) Will be implemented in a more critical area;

       (c) Are the most cost-effective;

       (d) Have the greatest matched, or in-kind funding; and

       (e) Will be implemented by a sponsor with a successful record of project implementation.

       (3) If a lead entity established under section 7 of this act has been formed, the interagency review team shall evaluate project lists and may remove, but not add, projects from a habitat project list.

       (4) The interagency review team shall provide a summary of funding for habitat restoration project lists to the governor and to the legislature by December 1st of each year.

       (5) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding. The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

       (6) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in section 7(2) of this act.

       (7) Where a lead entity has been established pursuant to section 7 of this act, the interagency review team may provide block grants to the lead entity, subject to available funding.

       NEW SECTION. Sec. 10. TECHNICAL ADVISORY GROUPS. (1) The conservation commission, in consultation with local government and the tribes, shall invite private, federal, state, tribal, and local government personnel with appropriate expertise to act as a technical advisory group.

       (2) For state personnel, involvement on the technical advisory group shall be at the discretion of the particular agency. Unless specifically provided for in the budget, technical assistance participants shall be provided from existing full-time equivalent employees.

       (3) The technical advisory group shall identify the limiting factors for salmonids to respond to the limiting factors relating to habitat pursuant to section 8(2) of this act.

       (4) Where appropriate, the conservation district within the area implementing this chapter shall take the lead in developing and maintaining relationships between the technical advisory group and the private landowners under section 9 of this act. The conservation districts may assist landowners to organize around river, tributary, estuary, or subbasins of a watershed.

       (5) Fishery enhancement groups and other volunteer organizations may participate in the activities under this section.

       NEW SECTION. Sec. 11. THE SEA GRANT PROGRAM. The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and performing habitat restoration projects that address the limiting factors analysis of regional habitat work plans. The cost for such assistance may be covered on a fee-for-service basis.

       NEW SECTION. Sec. 12. SOUTHWEST WASHINGTON SALMON RECOVERY. The southwest Washington salmon recovery region, whose boundaries are provided in chapter . . ., Laws of 1998 (Engrossed Second Substitute House Bill No. 2836), is created. If Engrossed Second Substitute House Bill No. 2836 is not enacted by July 1, 1998, this section is null and void.

       Sec. 13. RCW 90.71.005 and 1996 c 138 s 1 are each amended to read as follows:

       (1) The legislature finds that:

       (a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;

       (b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;

       (c) The large number of governmental entities that now have regulatory programs affecting the water quality of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and

       (d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.

       (2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. To further the policy of the state, a recovery plan developed under the federal endangered species act for a portion or all of the Puget Sound shall be considered for inclusion into the Puget Sound water quality management plan.

       Sec. 14. RCW 90.71.020 and 1996 c 138 s 3 are each amended to read as follows:

       (1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; one person representing federally recognized tribes, appointed by the governor; and the chair of the action team. The action team shall also include the following ex officio nonvoting members: The regional director of the United States environmental protection agency; the regional administrator of the national marine fisheries service; and the regional supervisor of the United States fish and wildlife service. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

       (2) The action team shall:

       (a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;

       (b) Coordinate monitoring and research programs as provided in RCW 90.71.060;

       (c) Work under the direction of the action team chair as provided in RCW 90.71.040;

       (d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;

       (e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;

       (f) Periodically amend the Puget Sound management plan;

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

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

       (i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

       (j) Receive and expend funding from other public agencies;

       (k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and

       (l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.

       (3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.

       (4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound (([management])) management plan and the work plan.

       (5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.

       Sec. 15. RCW 90.71.050 and 1996 c 138 s 6 are each amended to read as follows:

       (1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife. The work plan and budget shall include specific actions and projects pertaining to salmon recovery plans.

       (b) In developing a work plan, the action team shall meet the following objectives:

       (i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;

       (ii) Consider the problems and priorities identified in local plans; and

       (iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.

       (c) In developing a budget, the action team shall identify:

       (i) The total funds to implement local projects originating from the planning process developed for nonpoint pollution; and

       (ii) The total funds to implement any other projects designed primarily to restore salmon habitat.

       (2) In addition to the requirements identified under RCW 90.71.020(2)(a), the work plan and budget shall:

       (a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:

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

       (ii) Area 2: Skagit and Whatcom counties;

       (iii) Area 3: Clallam and Jefferson counties;

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

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

       (b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;

       (c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060;

       (d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;

       (e) Provide sufficient funding to provide support staff for the action team; and

       (f) Describe any proposed amendments to the Puget Sound (([management])) management plan.

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

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

       NEW SECTION. Sec. 16. WORK GROUP. (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop policy guidance to evaluate mitigation alternatives. The policy guidance shall be designed to enable committees established under section 7 of this act to develop and implement habitat project lists that maximize environmental benefits from project mitigation while reducing project design and permitting costs. The work group shall seek technical assistance to ensure that federal, state, treaty right, and local environmental laws and ordinances are met. The purpose of this section is not to increase regulatory requirements or expand departmental authority.

       (2) The work group shall develop guidance for determining alternative mitigation opportunities. Such guidance shall include criteria and procedures for identifying and evaluating mitigation opportunities within a watershed. Such guidance shall create procedures that provide alternative mitigation that has a low risk to the environment, yet has high net environmental, social, and economic benefits compared to status quo options.

       (3) The evaluation shall include:

       (a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

       (b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

       (4) Committees established under section 7 of this act shall coordinate voluntary collaborative efforts between habitat project proponents and mitigation project proponents. Mitigation funds may be used to implement projects identified by a work plan to mitigate for the impacts of a transportation or other development proposal or project.

       (5) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.

       NEW SECTION. Sec. 17. Only those funds appropriated for the habitat restoration projects under this chapter are subject to the requirements of section 9 of this act.

       NEW SECTION. Sec. 18. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

       NEW SECTION. Sec. 19. Sections 1 through 12 and 16 through 18 of this act constitute a new chapter in Title 75 RCW."


MOTION


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

       On page 3, line 11 of the amendment, after "1997." insert a new subsection to read as follows:

       "(11) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owners property."

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Swecker, Jacobsen and Spanel, as amended, to Engrossed Substitute House Bill No. 2496.

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


MOTIONS


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

       On page 1, line 1 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 90.71.005, 90.71.020, and 90.71.050; adding a new chapter to Title 75 RCW; and providing an expiration date."

      On motion of Senator Swecker, the rules were suspended, Engrossed Substitute House Bill No. 2496, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Thibaudeau: “Senator Spanel, will this bill prioritize and be a primary benefit to wild fish?”

      Senator Spanel: “It definitely has to be. I mean that is how we get out of the listing eventually--is we do have wild fish, but it does not--what this bill basically does is prioritizing of projects for restoration. It is only a piece and a part of the habitat restoration, but it is a prioritizing of projects.”

      Senator Thibaudeau: “Thank you.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2496, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2496, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.    Absent: Senators Brown and Fairley - 2.               Excused: Senator Stevens - 1.      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2345, by House Committee on Appropriations (originally sponsored by Representative Reams)

 

Revising administrative law.


      The bill was read the second time.

MOTION


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

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 34.05.230 and 1997 c 409 s 202 are each amended to read as follows:

       (1) ((An agency may file notice for the expedited adoption of rules in accordance with the procedures set forth in this section for rules meeting any one of the following criteria:

       (a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;

       (b) The proposed rules adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (c) The proposed rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (d) The content of the proposed rules is explicitly and specifically dictated by statute;

       (e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule; or

       (f) The proposed rule is being amended after a review under RCW 34.05.328 or section 210 of this act.

       (2) The expedited rule-making process must follow the requirements for rule making set forth in RCW 34.05.320, except that the agency is not required to prepare a small business economic impact statement under RCW 19.85.025, a statement indicating whether the rule constitutes a significant legislative rule under RCW 34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW 34.05.328. An agency is not required to prepare statements of inquiry under RCW 34.05.310 or conduct a hearing for the expedited adoption of rules. The notice for the expedited adoption of rules must contain a statement in at least ten-point type, that is substantially in the following form:


NOTICE

 

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO (INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT DATE).


       (3) The agency shall send a copy of the notice of the proposed expedited rule making to any person who has requested notification of proposals for the expedited adoption of rules or of agency rule making, as well as the joint administrative rules review committee, within three days after its publication in the Washington State Register. An agency may charge for the actual cost of providing a requesting party mailed copies of these notices. The notice of the proposed expedited rule making must be preceded by a statement substantially in the form provided in subsection (2) of this section. The notice must also include an explanation of the reasons the agency believes the expedited adoption of the rule is appropriate.

       (4) The code reviser shall publish the text of all rules proposed for expedited adoption along with the notice required in this section in a separate section of the Washington State Register. Once the text of the proposed rules has been published in the Washington State Register, the only changes that an agency may make in the text of these proposed rules before their final adoption are to correct typographical errors.

       (5) Any person may file a written objection to the expedited adoption of a rule. The objection must be filed with the agency rules coordinator within forty-five days after the notice of the proposed expedited rule making has been published in the Washington State Register. A person who has filed a written objection to the expedited adoption of a rule may withdraw the objection.

       (6) If no written objections to the expedited adoption of a rule are filed with the agency within forty-five days after the notice of proposed expedited rule making is published, or if all objections that have been filed are withdrawn by the persons filing the objections, the agency may enter an order adopting the rule without further notice or a public hearing. The order must be published in the manner required by this chapter for any other agency order adopting, amending, or repealing a rule.

       (7) If a written notice of objection to the expedited adoption of the rule is timely filed with the agency and is not withdrawn, the notice of proposed expedited rule making published under this section is considered a statement of inquiry for the purposes of RCW 34.05.310, and the agency may initiate further rule adoption proceedings in accordance with this chapter.

       (8) Subsections (1) through (8) of this section expire on December 31, 2000.

       an [An] agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current)) Interpretive and policy statements or their equivalents, regardless of title, are advisory only. To better inform and involve the public, ((an)) each agency is encouraged to convert long-standing interpretive and policy statements into rules.

       (2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.

       (((11))) (3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster once each year and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.

       (((12))) (4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.

       (5) When a person requests a copy of a rule from an agency, the agency shall identify any associated interpretive or policy statements, guidelines, documents of general applicability, or their equivalents, and provide copies of the statements upon request.

       (6) Within two hundred days after an agency issues a policy or interpretative statement, guideline, document of general applicability, or its equivalent involving an issue, the violation of which can result in a citation, civil penalty, assessment, or other sanction to a business, the agency shall make a good faith effort to notify businesses affected by the statement, guideline, or document and how to obtain technical assistance to comply. For purposes of this section, "good faith" means: (a) The agency at least notifies businesses in the standard industrial classifications or their successor affected by the statement, guideline, or document that are registered with the department of revenue; or (b) for a statement, guideline, or document that applies only to persons or firms that are licensed, registered, or operate under a permit, the agency notifies those persons or firms holding the license, registration, or permit. Inadvertent failure to notify a specific business under this section does not invalidate a rule.

       NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:

       (1) An agency may file notice for the expedited adoption of rules in accordance with the procedures set forth in this section for rules meeting any one of the following criteria:

       (a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;

       (b) The proposed rules adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (c) The proposed rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (d) The content of the proposed rules is explicitly and specifically dictated by statute;

       (e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule; or

       (f) The proposed rule is being amended after a review under RCW 34.05.328.

       (2) The expedited rule-making process must follow the requirements for rule making set forth in RCW 34.05.320, except that the agency is not required to prepare a small business economic impact statement under RCW 19.85.025, a statement indicating whether the rule constitutes a significant legislative rule under RCW 34.05.328(6)(c)(iii), or a significant legislative rule analysis under RCW 34.05.328. An agency is not required to prepare statements of inquiry under RCW 34.05.310 or conduct a hearing for the expedited adoption of rules. The notice for the expedited adoption of rules must contain a statement in at least ten-point type, that is substantially in the following form:


NOTICE

 

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO (INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT DATE).

       (3) The agency shall send a copy of the notice of the proposed expedited rule making to any person who has requested notification of proposals for the expedited adoption of rules or of agency rule making, as well as the joint administrative rules review committee, within three days after its publication in the Washington State Register. An agency may charge for the actual cost of providing a requesting party mailed copies of these notices. The notice of the proposed expedited rule making must be preceded by a statement substantially in the form provided in subsection (2) of this section. The notice must also include an explanation of the reasons the agency believes the expedited adoption of the rule is appropriate.

       (4) The code reviser shall publish the text of all rules proposed for expedited adoption along with the notice required in this section in a separate section of the Washington State Register. Once the text of the proposed rules has been published in the Washington State Register, the only changes that an agency may make in the text of these proposed rules before their final adoption are to correct typographical errors.

       (5) Any person may file a written objection to the expedited adoption of a rule. The objection must be filed with the agency rules coordinator within forty-five days after the notice of the proposed expedited rule making has been published in the Washington State Register. A person who has filed a written objection to the expedited adoption of a rule may withdraw the objection.

       (6) If no written objections to the expedited adoption of a rule are filed with the agency within forty-five days after the notice of proposed expedited rule making is published, or if all objections that have been filed are withdrawn by the persons filing the objections, the agency may enter an order adopting the rule without further notice or a public hearing. The order must be published in the manner required by this chapter for any other agency order adopting, amending, or repealing a rule.

       (7) If a written notice of objection to the expedited adoption of the rule is timely filed with the agency and is not withdrawn, the notice of proposed expedited rule making published under this section is considered a statement of inquiry for the purposes of RCW 34.05.310, and the agency may initiate further rule adoption proceedings in accordance with this chapter.

       (8) This section expires December 31, 2000.

       Sec. 3. RCW 34.05.328 and 1997 c 430 s 1 are each amended to read as follows:

       (1) Before adopting a rule described in subsection (((5))) (6) of this section, an agency shall:

       (a) Clearly state in detail the general goals and specific objectives of the statute that the rule implements;

       (b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;

       (c) Determine that the probable benefits of the rule are greater than its probable costs, taking into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;

       (d) Determine, after considering alternative versions of the rule and the analysis required under (b) and (c) of this subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will achieve the general goals and specific objectives stated under (a) of this subsection;

       (e) Determine that the rule does not require those to whom it applies to take an action that violates requirements of another federal or state law;

       (f) Determine that the rule does not impose more stringent performance requirements on private entities than on public entities unless required to do so by federal or state law;

       (g) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the following:

       (i) A state statute that explicitly allows the agency to differ from federal standards; or

       (ii) Substantial evidence that the difference is necessary to achieve the general goals and specific objectives stated under (a) of this subsection; and

       (h) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the same activity or subject matter.

       (2) In making its determinations pursuant to subsection (1)(b) through (g) of this section, the agency shall place in the rule-making file documentation of sufficient quantity and quality so as to persuade a reasonable person that the determinations are justified.

       (3) Before adopting rules described in subsection (((5))) (6) of this section, an agency shall place in the rule-making file a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency ((intends to)) will:

       (a) Implement and enforce the rule, including a description of the resources the agency intends to use;

       (b) Inform and educate affected persons about the rule;

       (c) Promote and assist voluntary compliance; ((and))

       (d) Evaluate whether the rule achieves the purpose for which it was adopted, including, to the maximum extent practicable, the use of interim milestones to assess progress and the use of objectively measurable outcomes; and

       (e) Provide appropriate training to agency personnel.

       (4) At least twenty days before the effective date of a rule described in subsection (6) of this section, the agency is encouraged to convene a meeting of interested persons affected by the rule to identify ambiguities and problem areas in the rule and determine how to resolve the ambiguities and problem areas. If the agency convenes such a meeting, the agency shall include the meeting in the plan described under subsection (3) of this section.

       (5) After adopting a rule described in subsection (((5))) (6) of this section regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:

       (a) Provide to the ((business assistance center)) department of community, trade, and economic development a list citing by reference the other federal and state laws that regulate the same activity or subject matter;

       (b) Coordinate implementation and enforcement of the rule with the other federal and state entities regulating the same activity or subject matter by making every effort to do one or more of the following:

       (i) Deferring to the other entity;

       (ii) Designating a lead agency; or

       (iii) Entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement.

       If the agency is unable to comply with this subsection (((4))) (5)(b), the agency shall report to the legislature pursuant to (c) of this subsection;

       (c) Report to the joint administrative rules review committee:

       (i) The existence of any overlap or duplication of other federal or state laws, any differences from federal law, and any known overlap, duplication, or conflict with local laws; and

       (ii) Make recommendations for any legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference.

       (((5))) (6)(a) Except as provided in (b) of this subsection, this section applies to:

       (i) Significant legislative rules of the departments of ecology, labor and industries, health, revenue, social and health services, and natural resources, the employment security department, the forest practices board, the office of the insurance commissioner, and to the legislative rules of the department of fish and wildlife implementing chapter 75.20 RCW; and

       (ii) Any rule of any agency, if this section is voluntarily made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative rules review committee within ((forty-five)) seventy-five days of receiving the notice of proposed rule making under RCW 34.05.320.

       (b) This section does not apply to:

       (i) Emergency rules adopted under RCW 34.05.350;

       (ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

       (iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (iv) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (v) Rules the content of which is explicitly and specifically dictated by statute;

       (vi) Rules that set or adjust fees or rates pursuant to legislative standards; or

       (vii) Rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.

       (c) For purposes of this subsection:

       (i) A "procedural rule" is a rule that adopts, amends, or repeals (A) any procedure, practice, or requirement relating to any agency hearings; (B) any filing or related process requirement for making application to an agency for a license or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.

       (ii) An "interpretive rule" is a rule, the violation of which does not subject a person to a penalty or sanction, that sets forth the agency̓s interpretation of statutory provisions it administers.

       (iii) A "significant legislative rule" is a rule other than a procedural or interpretive rule that (A) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (B) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (C) adopts a new, or makes significant amendments to, a policy or regulatory program.

       (d) In the notice of proposed rule making under RCW 34.05.320, an agency shall state whether this section applies to the proposed rule pursuant to (a)(i) of this subsection, or if the agency will apply this section voluntarily.

       (((6))) (7) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and cities, and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the effects of this section on the regulatory system in this state. The report shall document:

       (a) The rules proposed to which this section applied and to the extent possible, how compliance with this section affected the substance of the rule, if any, that the agency ultimately adopted;

       (b) The costs incurred by state agencies in complying with this section;

       (c) Any legal action maintained based upon the alleged failure of any agency to comply with this section, the costs to the state of such action, and the result;

       (d) The extent to which this section has adversely affected the capacity of agencies to fulfill their legislatively prescribed mission;

       (e) The extent to which this section has improved the acceptability of state rules to those regulated; and

       (f) Any other information considered by the office of financial management to be useful in evaluating the effect of this section.

       NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:

       Within two hundred days after the effective date of a rule that imposes additional requirements on businesses the violation of which subjects a person to a penalty, assessment, or administrative sanction, an agency shall make a good faith effort to notify businesses affected by the rule of the requirements of the rule and how to obtain technical assistance to comply. For purposes of this section, "good faith" means: (1) The agency at least notifies businesses in the standard industrial classifications or their successor identified in the rule-making file as businesses affected by the rule that are registered with the department of revenue; or (2) for rules imposing additional requirements only on persons or firms licensed, registered, or operating under a permit, the agency notifies those persons or firms holding the license, registration, or permit. Inadvertent failure to notify a specific business under this section does not invalidate a rule.

       Sec. 5. RCW 34.05.330 and 1996 c 318 s 1 are each amended to read as follows:

       (1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The office of financial management shall prescribe by rule the format for such petitions and the procedure for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency. Within sixty days after submission of a petition, the agency shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing the concerns raised by the petitioner, and, where appropriate, (ii) the alternative means by which it will address the concerns raised by the petitioner, or (b) initiate rule-making proceedings in accordance with ((this chapter)) RCW 34.05.320.

       (2) If an agency denies a petition to repeal or amend a rule submitted under subsection (1) of this section, and the petition alleges that the rule is not within the intent of the legislature or was not adopted in accordance with all applicable provisions of law, the person may petition for review of the rule by the joint administrative rules review committee under RCW 34.05.655.

       (3) If an agency denies a petition to repeal or amend a rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the governor. The governor shall immediately file notice of the appeal with the code reviser for publication in the Washington state register. Within forty-five days after receiving the appeal, the governor shall either (a) deny the petition in writing, stating (i) his or her reasons for the denial, specifically addressing the concerns raised by the petitioner, and, (ii) where appropriate, the alternative means by which he or she will address the concerns raised by the petitioner; (b) for agencies listed in RCW 43.17.010, direct the agency to initiate rule-making proceedings in accordance with this chapter; or (c) for agencies not listed in RCW 43.17.010, recommend that the agency initiate rule-making proceedings in accordance with this chapter. The governor's response to the appeal shall be published in the Washington state register and copies shall be submitted to the chief clerk of the house of representatives and the secretary of the senate.

       (4) In petitioning for repeal or amendment of a rule under this section, a person is encouraged to address, among other concerns:

       (a) Whether the rule is authorized;

       (b) Whether the rule is needed;

       (c) Whether the rule conflicts with or duplicates other federal, state, or local laws;

       (d) Whether alternatives to the rule exist that will serve the same purpose at less cost;

       (e) Whether the rule applies differently to public and private entities;

       (f) Whether the rule serves the purposes for which it was adopted;

       (g) Whether the costs imposed by the rule are unreasonable;

       (h) Whether the rule is clearly and simply stated;

       (i) Whether the rule is different than a federal law applicable to the same activity or subject matter without adequate justification; and

       (j) Whether the rule was adopted according to all applicable provisions of law.

       (5) The ((business assistance center)) department of community, trade, and economic development and the office of financial management shall coordinate efforts among agencies to inform the public about the existence of this rules review process.

       (6) The office of financial management shall initiate the rule making required by subsection (1) of this section by September 1, 1995.

       Sec. 6. RCW 34.05.354 and 1997 c 409 s 208 are each amended to read as follows:

       (1) ((Not later than April 1st or October 1st of each year, each agency shall submit to the code reviser, according to procedures and time lines established by the code reviser, rules that it determines should be repealed by the expedited repeal procedures provided for in this section. An agency shall file a copy of a preproposal notice of inquiry, as provided in RCW 34.05.310(1), that identifies the rule as one that is proposed for expedited repeal.

       (2))) An agency may ((propose)) file notice for the expedited repeal of rules under the procedures set forth in this section for rules meeting any one ((or more)) of the following criteria:

       (a) The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule;

       (b) The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute;

       (c) The rule is no longer necessary because of changed circumstances; or

       (d) Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

       (((3))) (2) An agency shall file a copy of a preproposal notice of inquiry, as provided in RCW 34.05.310(1), that identifies the rule as one that is proposed for expedited repeal. The agency shall also send a copy of the preproposal notice of inquiry to any person who has requested notification of copies of proposals for the expedited repeal of rules or of agency rule making. The preproposal notice of inquiry shall include a statement that any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after the preproposal notice of inquiry is published. The notice of inquiry shall also include an explanation of the reasons the agency believes the expedited repeal of the rule is appropriate.

       (((4))) (3) The code reviser shall publish all rules proposed for expedited repeal in a separate section of ((a regular edition of)) the Washington state register ((or in a special edition of the Washington state register. The publication shall be not later than May 31st or November 30th of each year, or in the first register published after that date)).

       (((5))) (4) Any person may file a written objection to the expedited repeal of a rule. The notice shall be filed with the agency rules coordinator within thirty days after the notice of inquiry has been published in the Washington state register. The written objection need not state any reason for objecting to the expedited repeal of the rule.

       (((6))) (5) If no written objections to the expedited repeal of a rule are filed with the agency within thirty days after the preproposal notice of inquiry is published, the agency may enter an order repealing the rule without further notice or an opportunity for a public hearing. The order shall be published in the manner required by this chapter for any other order of the agency adopting, amending, or repealing a rule. If a written objection to the expedited repeal of the rule is filed with the agency within thirty days after the notice of inquiry has been published, the preproposal notice of inquiry published pursuant to this section shall be considered a preproposal notice of inquiry for the purposes of RCW 34.05.310(1) and the agency may initiate rule adoption proceedings in accordance with the provisions of this chapter.

       Sec. 7. RCW 34.05.370 and 1996 c 102 s 2 are each amended to read as follows:

       (1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.

       (2) The agency rule-making file shall contain all of the following:

       (a) ((Copies of all publications)) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based;

       (b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;

       (c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;

       (d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;

       (e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;

       (f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;

       (g) The concise explanatory statement required by RCW 34.05.325(6); and

       (h) Any other material placed in the file by the agency.

       (3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.

       (4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.

       NEW SECTION. Sec. 8. A new section is added to chapter 34.05 RCW to read as follows:

       (1) The legislature finds that under the governor's Executive Order 97-02, agencies have begun systematic reviews of existing rules and have eliminated some unnecessary rules and improved clarity for other rules.

       (2) Effective July 1, 2001, each state agency shall review its rules that have significant effects on businesses, labor, consumers, and the environment. Agencies shall establish a rules review schedule that allows each rule filing under the criteria of this section to be reviewed every seven years. Agencies shall determine if their rules should be (a) retained in their current form, or (b) amended or repealed, if they do not meet the review criteria specified in this section. Agencies shall concentrate their regulatory review on rules or portions of a rule that have been the subject of petitions filed under RCW 34.05.330 or have been the source of complaints, concerns, or other difficulties that relate to matters other than the specific mandates of the statute on which the rule is based. Agencies that have already established regulatory review processes shall make them consistent with the requirements of this section. Each agency head shall designate a person responsible for regulatory review who shall serve as the agency's contact for regulatory review.

       (3) The following criteria will be used for the review of each rule identified for review:

       (a) Need. Is the rule necessary to comply with the statutes that authorize it? Is the rule obsolete, duplicative, or ambiguous to a degree that warrants repeal or revision? Have laws or other circumstances changed so that the rule should be amended or repealed? Is the rule necessary to protect or safeguard the health, welfare, or safety of Washington's citizens?

       (b) Effectiveness and efficiency. Is the rule providing the results that it was originally designed to achieve in a reasonable manner? Are there regulatory alternatives or new technologies that could more effectively or efficiently achieve the same objectives?

       (c) Clarity. Is the rule written and organized in a clear and concise manner so that it can be readily understood by those to whom it applies?

       (d) Intent and statutory authority. Is the rule consistent with legislative intent of the statutes that authorize it? Is the rule based upon sufficient statutory authority? Is there a need to develop a more specific legislative authorization in order to protect the health, safety, and welfare of Washington's citizens?

       (e) Coordination. Could additional consultation and coordination with other governmental jurisdictions and state agencies with similar regulatory authority eliminate or reduce duplication and inconsistency? Agencies should consult with and coordinate with other jurisdictions that have similar regulatory requirements when it is likely that coordination can reduce duplication and inconsistency.

       (f) Cost. Have qualitative and quantitative benefits of the rule been considered in relation to its cost?

       (g) Fairness. Does the rule result in equitable treatment of those required to comply with it? Should it be modified to eliminate or minimize any disproportionate impacts on the regulated community? Should it be strengthened to provide additional protection?

       (4)(a) By July 1, 2002, and July 1st of each year thereafter, each agency shall report to the rules review committee on the rules reviewed during the previous fiscal year and other measures taken to improve its regulatory program. The reports must include, but not be limited to: (i) The number of rule sections amended or repealed and the number of pages eliminated in the Washington Administrative Code; (ii) a summary of rules amended or repealed based on the review criteria in this section; (iii) a summary of agency actions in response to petitions under RCW 34.05.330; (iv) a summary of the results of the agency's review of policy and interpretive statements and similar documents; (v) a summary of the agency's review of reporting requirements imposed on businesses; and (vi) recommendations for statutory or administrative changes resulting from the regulatory reviews. More frequent reports may be requested, as necessary. Agencies shall make the reports available to persons who have requested notification of agency rule making and shall submit a summary of the report for publication in the Washington State Register.

       (b) As part of its regulatory review, each agency shall review its existing policy and interpretive statements or similar documents to determine whether or not they must, by law, be adopted as rules. The review must include consultation with the attorney general. Agencies shall concentrate their review on those statements and documents that have been the source of complaints, concerns, or other difficulties.

       (c) Each agency shall also review its reporting requirements that are applied generally to all businesses or classes of businesses to ensure that they are necessary and consistent with the principles and objectives of this section. The goals of the review must be to achieve reporting requirements that, to the extent possible, are coordinated with other state agencies with similar requirements, are economical and easy to understand, and rely on electronic transfer of information.

       (5)(a) An agency is deemed to have met the requirements of this section ninety days after publication in the Washington State Register unless the rules review committee receives a written objection of the agency's compliance with the requirements of this section.

       (b) If a written objection is received within the ninety-day period, the rules review committee will make a determination as to whether the agency did indeed comply with this section.

       (c) If the committee finds the agency has failed to meet the requirements of this section, the agency will have one hundred twenty days to meet the requirements and receive approval by a majority vote of the committee. If the agency fails to comply with the requirements of this section after the one hundred twenty days, the committee may, by a majority vote of its members, recommend suspension of a rule or rules included in the report. Within seven days of that vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and any recommended suspension based on failure to meet the rules review requirements. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.

       (d) If the governor disapproves the recommendation of the rules review committee to suspend a rule or rules in the report, the agency shall treat the transmittal of that decision, along with the findings of the rules review committee, as a petition by the committee to repeal the rule or rules under RCW 34.05.330.

       (e) The code reviser shall publish these transmittals according to RCW 34.05.640(5).

       Sec. 9. RCW 34.05.610 and 1996 c 318 s 2 are each amended to read as follows:

       (1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature. The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house. Not more than two members from each house may be from the same political party. The appointing authorities shall also appoint one alternate member from each caucus of each house. All appointments to the committee are subject to approval by the caucuses to which the appointed members belong.

       (2) Members and alternates shall be appointed as soon as possible after the legislature convenes in regular session in an odd-numbered year, and their terms shall extend until their successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such persons no longer serve in the legislature, whichever occurs first. Members and alternates may be reappointed to the committee.

       (3) On or about January 1, 1999, the president of the senate shall appoint the chairperson ((in even-numbered years)) and the vice chairperson ((in odd-numbered years)) from among the committee membership. The speaker of the house shall appoint the chairperson ((in odd-numbered years)) and the vice chairperson in alternating even-numbered years beginning in the year 2000 from among the committee membership. The secretary of the senate shall appoint the chairperson and the vice chairperson in the alternating even-numbered years beginning in the year 2002 from among the committee membership. Such appointments shall be made in January of each even-numbered year as soon as possible after a legislative session convenes.

       (4) The chairperson of the committee shall cause all meeting notices and committee documents to be sent to the members and alternates. A vacancy shall be filled by appointment of a legislator from the same political party as the original appointment. The appropriate appointing authority shall make the appointment within thirty days of the vacancy occurring.

       Sec. 10. RCW 34.12.040 and 1981 c 67 s 4 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section, whenever a state agency conducts a hearing which is not presided over by officials of the agency who are to render the final decision, the hearing shall be conducted by an administrative law judge assigned under this chapter. In assigning administrative law judges, the chief administrative law judge shall wherever practical (((1))) (a) use personnel having expertise in the field or subject matter of the hearing, and (((2))) (b) assign administrative law judges primarily to the hearings of particular agencies on a long-term basis.

       (2) An employee of the office of the insurance commissioner may conduct a hearing as provided in RCW 48.04.010(5).

       NEW SECTION. Sec. 11. A new section is added to chapter 43.132 RCW to read as follows:

       (1) To determine the fiscal impact of proposed rules on units of local government, an agency shall prepare a local government economic impact statement if the proposed rule will impose costs on units of local government.

       (2) The economic impact statement shall describe the reporting, recordkeeping, and other compliance requirements of the proposed rule and analyze the costs of compliance for local governments. An agency shall file the statement with the code reviser along with the notice required under RCW 34.05.320.

       (3) The department of community, trade, and economic development shall develop a guide to assist agencies in preparing the economic impact statement. The guide shall be developed through a collaborative process with agencies and local governments and other interested persons.

       (4) An agency shall maintain a list of proposed rules for which it prepares an economic impact statement and a summary of the costs. By December 1st of each year, an agency shall submit the list and summary to the joint administrative rules review committee.

       (5) This section does not apply to:

       (a) A rule proposed for expedited repeal or expedited adoption, unless the agency receives written objection;

       (b) Rules described in RCW 34.05.310(4); and

       (c) Rules adopted solely for the purpose of conformity or compliance, or both, with federal statutes or regulations.

       Sec. 12. RCW 48.04.010 and 1990 1st ex.s. c 3 s 1 are each amended to read as follows:

       (1) The commissioner may hold a hearing for any purpose within the scope of this code as he or she may deem necessary. The commissioner shall hold a hearing:

       (a) If required by any provision of this code; or

       (b) Upon written demand for a hearing made by any person aggrieved by any act, threatened act, or failure of the commissioner to act, if such failure is deemed an act under any provision of this code, or by any report, promulgation, or order of the commissioner other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party, or order pursuant to the order on such hearing.

       (2) Any such demand for a hearing shall specify in what respects such person is so aggrieved and the grounds to be relied upon as basis for the relief to be demanded at the hearing.

       (3) Unless a person aggrieved by a written order of the commissioner demands a hearing thereon within ninety days after receiving notice of such order, or in the case of a licensee under Title 48 RCW within ninety days after the commissioner has mailed the order to the licensee at the most recent address shown in the commissioner's licensing records for the licensee, the right to such hearing shall conclusively be deemed to have been waived.

       (4) If a hearing is demanded by a licensee whose license has been temporarily suspended pursuant to RCW 48.17.540, the commissioner shall hold such hearing demanded within thirty days after receipt of the demand or within thirty days of the effective date of a temporary license suspension issued after such demand, unless postponed by mutual consent.

       (5) A hearing held under this section must be conducted by an administrative law judge unless the person demanding the hearing agrees in writing to have an employee of the commissioner conduct the hearing.

       NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.

       NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

MOTION


      Senator Patterson moved that the following amendment by Senators Patterson and Betti Sheldon to the Committee on Ways and Means striking amendment be adopted:

       Beginning on page 3, line 19 of the amendment, strike the remainder of the amendment and insert the following:

       "an [An])) Each agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, ((an)) each agency is encouraged to convert long-standing interpretive and policy statements into rules.

       (2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.

       (((11))) (3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster once each year and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.

       (((12))) (4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.

       (5) Agencies are encouraged to assist persons in identifying pertinent documents related to rules when they receive inquiries regarding the rules.

       NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:

       (1) An agency may file notice for the expedited adoption of rules in accordance with the procedures set forth in this section for rules meeting any one of the following criteria:

       (a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;

       (b) The proposed rules adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (c) The proposed rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (d) The content of the proposed rules is explicitly and specifically dictated by statute;

       (e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule; or

       (f) The proposed rule is being amended after a review under RCW 34.05.328.

       (2) The expedited rule-making process must follow the requirements for rule making set forth in RCW 34.05.320, except that the agency is not required to prepare a small business economic impact statement under RCW 19.85.025, a statement indicating whether the rule constitutes a significant legislative rule under RCW 34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW 34.05.328. An agency is not required to prepare statements of inquiry under RCW 34.05.310 or conduct a hearing for the expedited adoption of rules. The notice for the expedited adoption of rules must contain a statement in at least ten-point type, that is substantially in the following form:

NOTICE

 

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO (INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT DATE).

       (3) The agency shall send a copy of the notice of the proposed expedited rule making to any person who has requested notification of proposals for the expedited adoption of rules or of agency rule making, as well as the joint administrative rules review committee, within three days after its publication in the Washington State Register. An agency may charge for the actual cost of providing a requesting party mailed copies of these notices. The notice of the proposed expedited rule making must be preceded by a statement substantially in the form provided in subsection (2) of this section. The notice must also include an explanation of the reasons the agency believes the expedited adoption of the rule is appropriate.

       (4) The code reviser shall publish the text of all rules proposed for expedited adoption along with the notice required in this section in a separate section of the Washington State Register. Once the text of the proposed rules has been published in the Washington State Register, the only changes that an agency may make in the text of these proposed rules before their final adoption are to correct typographical errors.

       (5) Any person may file a written objection to the expedited adoption of a rule. The objection must be filed with the agency rules coordinator within forty-five days after the notice of the proposed expedited rule making has been published in the Washington State Register. A person who has filed a written objection to the expedited adoption of a rule may withdraw the objection.

       (6) If no written objections to the expedited adoption of a rule are filed with the agency within forty-five days after the notice of proposed expedited rule making is published, or if all objections that have been filed are withdrawn by the persons filing the objections, the agency may enter an order adopting the rule without further notice or a public hearing. The order must be published in the manner required by this chapter for any other agency order adopting, amending, or repealing a rule.

       (7) If a written notice of objection to the expedited adoption of the rule is timely filed with the agency and is not withdrawn, the notice of proposed expedited rule making published under this section is considered a statement of inquiry for the purposes of RCW 34.05.310, and the agency may initiate further rule adoption proceedings in accordance with this chapter.

       (8) This section expires December 31, 2000.

       Sec. 3. RCW 34.05.328 and 1997 c 430 s 1 are each amended to read as follows:

       (1) Before adopting a rule described in subsection (5) of this section, an agency shall:

       (a) Clearly state in detail the general goals and specific objectives of the statute that the rule implements;

       (b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;

       (c) Determine that the probable benefits of the rule are greater than its probable costs, taking into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;

       (d) Determine, after considering alternative versions of the rule and the analysis required under (b) and (c) of this subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will achieve the general goals and specific objectives stated under (a) of this subsection;

       (e) Determine that the rule does not require those to whom it applies to take an action that violates requirements of another federal or state law;

       (f) Determine that the rule does not impose more stringent performance requirements on private entities than on public entities unless required to do so by federal or state law;

       (g) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the following:

       (i) A state statute that explicitly allows the agency to differ from federal standards; or

       (ii) Substantial evidence that the difference is necessary to achieve the general goals and specific objectives stated under (a) of this subsection; and

       (h) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the same activity or subject matter.

       (2) In making its determinations pursuant to subsection (1)(b) through (g) of this section, the agency shall place in the rule-making file documentation of sufficient quantity and quality so as to persuade a reasonable person that the determinations are justified.

       (3) Before adopting rules described in subsection (5) of this section, an agency shall place in the rule-making file a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency intends to:

       (a) Implement and enforce the rule, including a description of the resources the agency intends to use;

       (b) Inform and educate affected persons about the rule;

       (c) Promote and assist voluntary compliance; and

       (d) Evaluate whether the rule achieves the purpose for which it was adopted, including, to the maximum extent practicable, the use of interim milestones to assess progress and the use of objectively measurable outcomes.

       (4) After adopting a rule described in subsection (5) of this section regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:

       (a) Provide to the ((business assistance center)) department of community, trade, and economic development a list citing by reference the other federal and state laws that regulate the same activity or subject matter;

       (b) Coordinate implementation and enforcement of the rule with the other federal and state entities regulating the same activity or subject matter by making every effort to do one or more of the following:

       (i) Deferring to the other entity;

       (ii) Designating a lead agency; or

       (iii) Entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement.

       If the agency is unable to comply with this subsection (4)(b), the agency shall report to the legislature pursuant to (c) of this subsection;

       (c) Report to the joint administrative rules review committee:

       (i) The existence of any overlap or duplication of other federal or state laws, any differences from federal law, and any known overlap, duplication, or conflict with local laws; and

       (ii) Make recommendations for any legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference.

       (5)(a) Except as provided in (b) of this subsection, this section applies to:

       (i) Significant legislative rules of the departments of ecology, labor and industries, health, revenue, social and health services, and natural resources, the employment security department, the forest practices board, the office of the insurance commissioner, and to the legislative rules of the department of fish and wildlife implementing chapter 75.20 RCW; and

       (ii) Any rule of any agency, if this section is voluntarily made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320.

       (b) This section does not apply to:

       (i) Emergency rules adopted under RCW 34.05.350;

       (ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

       (iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (iv) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (v) Rules the content of which is explicitly and specifically dictated by statute;

       (vi) Rules that set or adjust fees or rates pursuant to legislative standards; or

       (vii) Rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.

       (c) For purposes of this subsection:

       (i) A "procedural rule" is a rule that adopts, amends, or repeals (A) any procedure, practice, or requirement relating to any agency hearings; (B) any filing or related process requirement for making application to an agency for a license or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.

       (ii) An "interpretive rule" is a rule, the violation of which does not subject a person to a penalty or sanction, that sets forth the agency̓s interpretation of statutory provisions it administers.

       (iii) A "significant legislative rule" is a rule other than a procedural or interpretive rule that (A) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (B) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (C) adopts a new, or makes significant amendments to, a policy or regulatory program.

       (d) In the notice of proposed rule making under RCW 34.05.320, an agency shall state whether this section applies to the proposed rule pursuant to (a)(i) of this subsection, or if the agency will apply this section voluntarily.

       (6) Before the hearing required by RCW 34.05.325, interested persons may inform the agency of ambiguities and problem areas in the proposed rule and make suggestions on how the agency should resolve them. Interested persons are encouraged to present their views at the hearing.

       (7) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and cities, and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the effects of this section on the regulatory system in this state. The report shall document:

       (a) The rules proposed to which this section applied and to the extent possible, how compliance with this section affected the substance of the rule, if any, that the agency ultimately adopted;

       (b) The costs incurred by state agencies in complying with this section;

       (c) Any legal action maintained based upon the alleged failure of any agency to comply with this section, the costs to the state of such action, and the result;

       (d) The extent to which this section has adversely affected the capacity of agencies to fulfill their legislatively prescribed mission;

       (e) The extent to which this section has improved the acceptability of state rules to those regulated; and

       (f) Any other information considered by the office of financial management to be useful in evaluating the effect of this section.

       Sec. 4. RCW 34.05.330 and 1996 c 318 s 1 are each amended to read as follows:

       (1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The office of financial management shall prescribe by rule the format for such petitions and the procedure for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency. Within sixty days after submission of a petition, the agency shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing the concerns raised by the petitioner, and, where appropriate, (ii) the alternative means by which it will address the concerns raised by the petitioner, or (b) initiate rule-making proceedings in accordance with ((this chapter)) RCW 34.05.310, if applicable, and RCW 34.05.320.

       (2) If an agency denies a petition to repeal or amend a rule submitted under subsection (1) of this section, and the petition alleges that the rule is not within the intent of the legislature or was not adopted in accordance with all applicable provisions of law, the person may petition for review of the rule by the joint administrative rules review committee under RCW 34.05.655.

       (3) If an agency denies a petition to repeal or amend a rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the governor. The governor shall immediately file notice of the appeal with the code reviser for publication in the Washington state register. Within forty-five days after receiving the appeal, the governor shall either (a) deny the petition in writing, stating (i) his or her reasons for the denial, specifically addressing the concerns raised by the petitioner, and, (ii) where appropriate, the alternative means by which he or she will address the concerns raised by the petitioner; (b) for agencies listed in RCW 43.17.010, direct the agency to initiate rule-making proceedings in accordance with this chapter; or (c) for agencies not listed in RCW 43.17.010, recommend that the agency initiate rule-making proceedings in accordance with this chapter. The governor's response to the appeal shall be published in the Washington state register and copies shall be submitted to the chief clerk of the house of representatives and the secretary of the senate.

       (4) In petitioning for repeal or amendment of a rule under this section, a person is encouraged to address, among other concerns:

       (a) Whether the rule is authorized;

       (b) Whether the rule is needed;

       (c) Whether the rule conflicts with or duplicates other federal, state, or local laws;

       (d) Whether alternatives to the rule exist that will serve the same purpose at less cost;

       (e) Whether the rule applies differently to public and private entities;

       (f) Whether the rule serves the purposes for which it was adopted;

       (g) Whether the costs imposed by the rule are unreasonable;

       (h) Whether the rule is clearly and simply stated;

       (i) Whether the rule is different than a federal law applicable to the same activity or subject matter without adequate justification; and

       (j) Whether the rule was adopted according to all applicable provisions of law.

       (5) The ((business assistance center)) department of community, trade, and economic development and the office of financial management shall coordinate efforts among agencies to inform the public about the existence of this rules review process.

       (6) The office of financial management shall initiate the rule making required by subsection (1) of this section by September 1, 1995.

       Sec. 5. RCW 34.05.354 and 1997 c 409 s 208 are each amended to read as follows:

       (1) ((Not later than April 1st or October 1st of each year, each agency shall submit to the code reviser, according to procedures and time lines established by the code reviser, rules that it determines should be repealed by the expedited repeal procedures provided for in this section. An agency shall file a copy of a preproposal notice of inquiry, as provided in RCW 34.05.310(1), that identifies the rule as one that is proposed for expedited repeal.

       (2))) An agency may ((propose)) file notice for the expedited repeal of rules under the procedures set forth in this section for rules meeting any one ((or more)) of the following criteria:

       (a) The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule;

       (b) The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute;

       (c) The rule is no longer necessary because of changed circumstances; or

       (d) Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.

       (((3))) (2) An agency shall file a copy of a preproposal notice of inquiry, as provided in RCW 34.05.310(1), that identifies the rule as one that is proposed for expedited repeal. The agency shall also send a copy of the preproposal notice of inquiry to any person who has requested notification of copies of proposals for the expedited repeal of rules or of agency rule making. The preproposal notice of inquiry shall include a statement that any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after the preproposal notice of inquiry is published. The notice of inquiry shall also include an explanation of the reasons the agency believes the expedited repeal of the rule is appropriate.

       (((4))) (3) The code reviser shall publish all rules proposed for expedited repeal in a separate section of ((a regular edition of)) the Washington state register ((or in a special edition of the Washington state register. The publication shall be not later than May 31st or November 30th of each year, or in the first register published after that date)).

       (((5))) (4) Any person may file a written objection to the expedited repeal of a rule. The notice shall be filed with the agency rules coordinator within thirty days after the notice of inquiry has been published in the Washington state register. The written objection need not state any reason for objecting to the expedited repeal of the rule.

       (((6))) (5) If no written objections to the expedited repeal of a rule are filed with the agency within thirty days after the preproposal notice of inquiry is published, the agency may enter an order repealing the rule without further notice or an opportunity for a public hearing. The order shall be published in the manner required by this chapter for any other order of the agency adopting, amending, or repealing a rule. If a written objection to the expedited repeal of the rule is filed with the agency within thirty days after the notice of inquiry has been published, the preproposal notice of inquiry published pursuant to this section shall be considered a preproposal notice of inquiry for the purposes of RCW 34.05.310(1) and the agency may initiate rule adoption proceedings in accordance with the provisions of this chapter.

       Sec. 6. RCW 34.05.370 and 1996 c 102 s 2 are each amended to read as follows:

       (1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.

       (2) The agency rule-making file shall contain all of the following:

       (a) ((Copies of all publications)) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based;

       (b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;

       (c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;

       (d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;

       (e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;

       (f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;

       (g) The concise explanatory statement required by RCW 34.05.325(6); and

       (h) Any other material placed in the file by the agency.

       (3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.

       (4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.

       Sec. 7. RCW 34.05.630 and 1996 c 318 s 4 are each amended to read as follows:

       (1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the ((legislature)) committee.

       (2) All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or their equivalents, are subject to selective review by the ((legislature)) committee to determine whether or not a statement, guideline, or document that is of general applicability, or its equivalent, is being used as a rule that has not been adopted in accordance with all applicable provisions of law.

       (3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, or (c) that an agency is using a policy or interpretive statement in place of a rule, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.

       (4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, ((or)) and (c) whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, in place of a rule.

       Sec. 8. RCW 34.05.640 and 1996 c 318 s 5 are each amended to read as follows:

       (1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its intended action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules.

       (2) If the rules review committee finds by a majority vote of its members: (a) That the proposed or existing rule in question will not be modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, (b) that an existing rule was not adopted in accordance with all applicable provisions of law, or (c) that the agency will not replace the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, with a rule, the rules review committee may, within thirty days from notification by the agency of its intended action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.

       (3)(a) If the rules review committee makes an adverse finding regarding an existing rule under subsection (2) (a) or (b) of this section, the committee may, by a majority vote of its members, recommend suspension of the rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.

       (b) If the rules review committee makes an adverse finding regarding a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, under subsection (2)(c) of this section, the committee may, by a majority vote of its members, advise the governor of its finding.

       (4) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (2) or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.

        (5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.

       Sec. 9. RCW 34.05.655 and 1996 c 318 s 7 are each amended to read as follows:

       (1) Any person may petition the rules review committee for a review of a proposed or existing rule or a proposed or existing policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent. A petition to review a statement, guideline, or document that is of general applicability, or its equivalent, may only be filed for the purpose of requesting the committee to determine whether the statement, guideline, or document that is of general applicability, or its equivalent, is being used as a rule that has not been adopted in accordance with all provisions of law. Within thirty days of the receipt of the petition, the rules review committee shall acknowledge receipt of the petition and describe any initial action taken. If the rules review committee rejects the petition, a written statement of the reasons for rejection shall be included.



       (2) A person may petition the rules review committee under subsection (1) of this section requesting review of an existing rule only if the person has petitioned the agency to amend or repeal the rule under RCW 34.05.330(1) and such petition was denied.

       (3) A petition for review of a rule under subsection (1) of this section shall:

       (a) Identify with specificity the proposed or existing rule to be reviewed;

       (b) Identify the specific statute identified by the agency as authorizing the rule, the specific statute which the rule interprets or implements, and, if applicable, the specific statute the department is alleged not to have followed in adopting the rule;

       (c) State the reasons why the petitioner believes that the rule is not within the intent of the legislature, or that its adoption was not or is not in accordance with law, and provide documentation to support these statements;

       (d) Identify any known judicial action regarding the rule or statutes identified in the petition.

       A petition to review an existing rule shall also include a copy of the agency's denial of a petition to amend or repeal the rule issued under RCW 34.05.330(1) and, if available, a copy of the governor's denial issued under RCW 34.05.330(3).

       (4) A petition for review of a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, under subsection (1) of this section shall:

       (a) Identify the specific policy or interpretative statement, guideline, or document that is of general applicability, or its equivalent, to be reviewed;

       (b) Identify the specific statute which the rule interprets or implements;

       (c) State the reasons why the petitioner believes that the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, meets the definition of a rule under RCW 34.05.010 and should have been adopted according to the procedures of this chapter;

       (d) Identify any known judicial action regarding the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, or statutes identified in the petition.

       (5) Within ninety days of receipt of the petition, the rules review committee shall make a final decision on the rule for which the petition for review was not previously rejected.

       NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Patterson and Betti Sheldon on page 3, line 19, to the Committee on Ways and Means striking amendment to Engrossed Second Substitute House Bill No. 2345.

      The motion by Senator Patterson failed and the amendment to the committee striking amendment was not adopted on a rising vote.

       The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Engrossed Second Substitute House Bill No. 2345.

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


MOTIONS


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

       On line 1 of the title, after "law;" strike the remainder of the title, and insert "amending RCW 34.05.230, 34.05.328, 34.05.330, 34.05.354, 34.05.370, 34.05.610, 34.12.040, and 48.04.010; adding new sections to chapter 34.05 RCW; adding a new section to chapter 43.132 RCW; creating a new section; and providing an expiration date."

      On motion of Senator Hale, the rules were suspended, Engrossed Second Substitute House Bill No. 2345, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2345, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2345, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Strannigan, Swecker, West, Winsley, Wood and Zarelli - 31.   Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 17.         Excused: Senator Stevens - 1.               ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2345, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE JOINT MEMORIAL NO. 4039, by Representatives Huff, Carlson, H. Sommers, Kenney and Wolfe

 

Petitioning for amendment to the Federal Communications Commission ruling barring direct reimbursement to state agencies that provide telecommunications services.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Finkbeiner, the rules were suspended, House Joint Memorial No. 4039 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4039.



ROLL CALL


      The Secretary called the roll on the final passage of House Joint Memorial No. 4039 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

       Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

       Absent: Senators Benton and Deccio - 2.

       Excused: Senator Stevens - 1.     HOUSE JOINT MEMORIAL NO. 4039, having received the constitutional majority, was declared passed.


SECOND READING


       SUBSTITUTE HOUSE BILL NO. 2306, by House Committee on Government Administration (originally sponsored by Representatives Smith, B. Thomas, Bush and Dunn)

 

Indicating the citizenship requirement for voter registration.


       The bill was read the second time.

 

MOTION


       Senator McCaslin moved that the following Committee on Government Operations amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 29.08.080 and 1993 c 434 s 8 are each amended to read as follows:

       The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties. ((However, costs incurred by the secretary of state during 1994 and 1995 in the printing and distribution of voter registration forms shall be reimbursed by the counties. This cost shall be considered an election cost under RCW 29.13.045 and be prorated as part of the 1994 and 1995 general election costs.))

       All newly printed voter registration forms must include clear and conspicuous language, designed to draw an applicant's attention, stating that only citizens of the United States may register to vote. Similar language must be stamped conspicuously onto existing voter registration forms in the possession of the office of the secretary of state.

       Sec. 2. RCW 46.20.155 and 1990 c 143 s 6 are each amended to read as follows:

       Before issuing an original license or identification card or renewing a license or identification card under this chapter, the licensing agent shall determine if the applicant wants to register to vote or transfer his or her voter registration by asking the following two questions:

       First: "Do you want to register to vote or transfer your voter registration?"

       Second: "Are you a United States citizen?".

       If the applicant ((chooses to register or transfer a registration)) responds in the affirmative to both questions, the agent shall provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration.

       NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


MOTION


      Senator Prentice moved that the following amendment to the Committee on Government Operations amendment be adopted:

       On page 1 of the amendment, after line 32, insert "The information shall be provided in languages other than English as necessary to insure full participation in the benefits of citizenship in the United States of America."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 1, after line 32, to the Committee on Government Operations striking amendment to Substitute House Bill No. 2306.

      The motion by Senator Prentice failed and the amendment to the committee striking amendment was not adopted.


MOTION


      Senator Prentice moved that the following amendments to the Committee on Government Operations amendment be considered simultaneously and be adopted:

       On page 1 of the amendment, after line 22, strike all the material down to and including "registration." on page 2, line 3

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 2 of the amendment, line 12 strike "and 46.20.155"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Prentice on page 1, after line 22, and page 2, line 12, to the Committee on Government Operations striking amendment to Substitute House Bill No. 2306.

      The motion by Senator Prentice failed and the amendments to the committee striking amendment were not adopted.


MOTION


      Senator Prentice moved that the following amendment to the Committee on Government Operations amendment be adopted:

       On page 1 of the amendment, line 22, after "state." insert "As necessary to insure full participation in the privileges of citizenship in the United States of America, the secretary of state shall produce these forms in languages other than English."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 1, line 22, to the Committee on Government Operations striking amendment to Substitute House Bill No. 2306.

      The motion by Senator Prentice failed and the amendment to the committee striking amendment was not adopted on a rising vote.


MOTION


      On motion of Senator Johnson, further consideration of Substitute House Bill No. 2306 was deferred.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2514, by House Committee on Appropriations (originally sponsored by Representatives Chandler, Linville, Mastin, Parlette, Koster, Anderson, Regala and Cooper)

 

Providing for integrated watershed management.


      The bill was read the second time.

MOTION


      Senator Morton moved that the following Committee on Agriculture and Environment amendment not be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 90.82.005 and 1997 c 442 s 101 are each amended to read as follows:

       The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development.

       It is necessary for the legislature to establish processes and policies that ((will result in providing)) direct state agencies ((with more specific guidance to manage)) in managing the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter.

       Planning conducted under this chapter must provide for a process to allow the local citizens of a WRIA or multi-WRIA area to join together in an effort to: (1) Assess the status of the water resources of their WRIA or multi-WRIA area; and (2) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area.

       Sec. 2. RCW 90.82.030 and 1997 c 442 s 104 are each amended to read as follows:

       In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of this chapter ((442, Laws of 1997)).

       (1) All WRIA planning units established under this chapter shall develop a process to assure that water resource user interests and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process.

       (2) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. Such assistance must only be at the request of and to the extent desired by the local citizens conducting such planning.

       If a planning unit requests technical assistance from a state agency as part of its planning activities under this chapter and the assistance is with regard to a subject matter over which the agency has jurisdiction, the state agency shall provide the technical assistance to the planning unit.

       (3) Plans developed under this chapter ((442, Laws of 1997)) shall be consistent with and not duplicative of efforts already under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes and rules.

       (4) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.

       Sec. 3. RCW 90.82.040 and 1997 c 442 s 105 are each amended to read as follows:

       (1) Once a WRIA planning unit has been organized and designated a lead agency, it shall notify the department and may apply to the department for funding assistance for conducting the planning. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

       (2) Each planning unit that has complied with subsection (1) of this section is eligible to receive ((fifty thousand dollars for each WRIA to initiate the planning process. The department shall allocate additional funds to WRIA planning units based on need demonstrated by a detailed proposed budget submitted by the planning unit for carrying out the duties of the planning unit. Each WRIA planning unit may receive up to two hundred fifty thousand dollars for each WRIA during the first two-year period of planning, with a maximum allocation of five hundred thousand dollars for each WRIA. Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose)) watershed planning grants in the following amounts for three phases of watershed planning:

       (a) Initiating governments may apply for up to fifty thousand dollars for organizing planning units in accordance with section 4(3) of this act;

       (b) A planning unit may apply for up to two hundred thousand dollars for conducting watershed assessments; and

       (c) A planning unit may apply for up to two hundred fifty thousand dollars for developing a watershed plan and making recommendations for actions by local, state, and federal agencies including a prioritized list of projects that would further the purpose of the plan.

       (3) Preference shall be given to planning units requesting funding for conducting multi-WRIA planning ((under section 108 of this act)).

       (4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

       NEW SECTION. Sec. 4. INITIATION OF WATERSHED PLANNING. (1) Watershed planning may be initiated for a WRIA with the concurrence of: (a) All county legislative authorities with land in the WRIA; (b) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (c) the largest water utility obtaining water from the WRIA. To make application for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

       (2) Watershed planning may be commenced for a multi-WRIA area with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the largest water utility obtaining water in each WRIA.

       (3) The organizing grant shall be used to organize the planning unit and for determining the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The initiating governments shall work with other local governments, state government, and tribal governments in developing a planning process. The initiating government may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall attempt to provide for a balance of representation.

       (4) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed management plan.

       NEW SECTION. Sec. 5. WATERSHED ASSESSMENT GRANTS. Once the initiating governments have developed a proposed scope of work and a proposed composition for the planning unit, application for a grant for conducting a watershed assessment as provided for in RCW 90.82.040(2)(b) may be filed with the department. The department may review the proposed scope of work and the proposed composition of the planning unit. The department may approve the grant application or return it to the initiating unit with specific comments.

       NEW SECTION. Sec. 6. STATE REPRESENTATION ON PLANNING GROUPS. To assist in organizing watershed planning efforts under this chapter, the governor, executive branch state agencies, and state agencies under authority of an elected official or appointed commissions may agree and organize for their representation on watershed planning groups. The initiating governments shall consult with the governor's office regarding state agency representation.

       NEW SECTION. Sec. 7. IDENTIFICATION OF PROJECTS AND ACTIVITIES. The planning unit may conduct an early review of existing plans and planning activities. The planning group is encouraged to identify projects and activities that are likely to serve both short-term and long-term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall give consideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first.

       NEW SECTION. Sec. 8. A new section is added to chapter 43.27A RCW to read as follows:

       PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

       NEW SECTION. Sec. 9. A new section is added to chapter 90.03 RCW to read as follows:

       PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

       NEW SECTION. Sec. 10. A new section is added to chapter 90.54 RCW to read as follows:

       PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

       NEW SECTION. Sec. 11. CAPTIONS. As used in this act, captions constitute no part of the law.

       NEW SECTION. Sec. 12. Sections 4 through 7 of this act are each added to chapter 90.82 RCW.

       NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."

      The President declared the question before the Senate to be the motion by Senator Morton that the Committee on Agriculture and Environment striking amendment to Engrossed Substitute House Bill No 2514 not be adopted.

      The motion by Senator Morton carried and the committee striking amendment to Engrossed Substitute House Bill No. 2514 was not adopted.

MOTION


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

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 90.82.040 and 1997 c 442 s 105 are each amended to read as follows:

       (1) Once a WRIA planning unit has been ((organized)) initiated under section 2 of this act and ((designated)) a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

       (2) Each planning unit that has complied with subsection (1) of this section is eligible to receive ((fifty thousand dollars for each WRIA to initiate the planning process. The department shall allocate additional funds to WRIA planning units based on need demonstrated by a detailed proposed budget submitted by the planning unit for carrying out the duties of the planning unit. Each WRIA planning unit may receive up to two hundred fifty thousand dollars for each WRIA during the first two-year period of planning, with a maximum allocation of five hundred thousand dollars for each WRIA. Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose)) watershed planning grants in the following amounts for three phases of watershed planning:

       (a) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy-five thousand dollars for a multi-WRIA management area in accordance with section 2(4) of this act;

       (b) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with section 3 of this act; and

       (c) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan in accordance with sections 2, 3, 4, 5, and 6 of this act.

       (3) ((Preference shall be given to planning units requesting funding for conducting multi-WRIA planning under section 108 of this act)) (a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program.

       (b) In reviewing grant applications under this subsection (3), the department shall evaluate whether:

       (i) The planning unit meets all of the requirements of this chapter;

       (ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and

       (iii) The application and supporting information evidences a readiness to proceed.

       (c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority:

       (i) Applications from existing planning groups that have been in existence for at least one year;

       (ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from:

       (A) First, multi-WRIA planning; and

       (B) Second, single WRIA planning;

       (iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growth from:

       (A) First, multi-WRIA planning; and

       (B) Second, single WRIA planning.

       (d) The department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.

       (4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

       (5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.

       (6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.

       NEW SECTION. Sec. 2. INITIATION OF WATERSHED PLANNING. (1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area within the parameters under section 8 of this act.

       (2) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (a) All counties within the WRIA; (b) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water from the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

       (3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA.

       (4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite any affected tribes within the management area.

       (5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section.

       (6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in section 3 of this act, and may include water quality elements as contained in section 5 of this act, habitat elements as contained in section 6 of this act, and instream flow elements as contained in section 4 of this act. The initiating governments shall work with state government, other local governments within the management area, and tribal governments within the management area, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests.

       (7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor's office.

       (8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed plan.

       NEW SECTION. Sec. 3. WATER QUANTITY. Watershed planning under this chapter shall address water quantity in the management area by undertaking an assessment of water supply and use in the management area and developing strategies for future use.

       (1) The assessment shall include:

       (a) An estimate of the surface and ground water present in the management area;

       (b) An estimate of the surface and ground water available in the management area, taking into account seasonal and other variations;

       (c) An estimate of the water in the management area represented by claims in the water rights claims registry, water use permits, certificated rights, existing minimum instream flow rules, federally reserved rights, and any other rights to water;

       (d) An estimate of the surface and ground water actually being used in the management area;

       (e) An estimate of the water needed in the future for use in the management area;

       (f) An identification of the location of areas where aquifers are known to recharge surface bodies of water and areas known to provide for the recharge of aquifers from the surface; and

       (g) An estimate of the surface and ground water available for further appropriation, taking into account the minimum instream flows adopted by rule or to be adopted by rule under this chapter for streams in the management area including the data necessary to evaluate necessary flows for fish.

       (2) Strategies for increasing water supplies in the management area, which may include, but are not limited to, increasing water supplies through water conservation, water reuse, the use of reclaimed water, voluntary water transfers, aquifer recharge and recovery, additional water allocations, or additional water storage and water storage enhancements. The objective of these strategies is to supply water in sufficient quantities to satisfy the minimum instream flows for fish and to provide water for future out-of-stream uses for water identified in subsection (1)(e) and (g) of this section and to ensure that adequate water supplies are available for agriculture, energy production, and population and economic growth under the requirements of the state's growth management act, chapter 36.70A RCW. These strategies, in and of themselves, shall not be construed to confer new water rights. The watershed plan must address the strategies required under this subsection.

       NEW SECTION. Sec. 4. INSTREAM FLOWS. (1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner:

       (i) If minimum instream flows have already been adopted by rule for a stream within the management area, unless the members of the local governments and tribes on the planning unit by a recorded unanimous vote request the department to modify those flows, the minimum instream flows shall not be modified under this chapter. If the members of local governments and tribes request the planning unit to modify instream flows and unanimous approval of the decision to modify such flow is not achieved, then the instream flows shall not be modified under this section;

       (ii) If minimum stream flows have not been adopted by rule for a stream within the management area, setting the minimum instream flows shall be a collaborative effort between the department and members of the planning unit. The department must attempt to achieve consensus and approval among the members of the planning unit regarding the minimum flows to be adopted by the department. Approval is achieved if all government members and tribes that have been invited and accepted on the planning unit present for a recorded vote unanimously vote to support the proposed minimum instream flows, and all nongovernmental members of the planning unit present for the recorded vote, by a majority, vote to support the proposed minimum instream flows.

       (b) The department shall undertake rule making to adopt flows under (a) of this subsection. The department may adopt the rules either by the regular rules adoption process provided in chapter 34.05 RCW, the expedited rules adoption process as set forth in RCW 34.05.230, or through a rules adoption process that uses public hearings and notice provided by the county legislative authority as a substitute for the rules adoption requirements of chapter 34.05 RCW. If the county legislative authority hearings and notice are used as a substitute for the regular rules adoption process, the rules do not take effect until they are published in the Washington State Register as provided in chapter 34.05 RCW. Such rules do not constitute significant legislative rules as defined in RCW 34.05.328, and do not require the preparation of small business economic impact statements.

       (c) If approval is not achieved within four years of the date the planning unit first receives funds from the department for conducting watershed assessments under RCW 90.82.040, the department may promptly initiate rule making under chapter 34.05 RCW to establish flows for those streams and shall have two additional years to establish the instream flows for those streams for which approval is not achieved.

       (2)(a) Notwithstanding RCW 90.03.345, minimum instream flows set under this section for rivers or streams that do not have existing minimum instream flow levels set by rule of the department shall have a priority date of two years after funding is first received from the department under RCW 90.82.040, unless determined otherwise by a unanimous vote of the members of the planning unit but in no instance may it be later than the effective date of the rule adopting such flow.

       (b) Any increase to an existing minimum instream flow set by rule of the department shall have a priority date of two years after funding is first received for planning in the WRIA or multi-WRIA area from the department under RCW 90.82.040 and the priority date of the portion of the minimum instream flow previously established by rule shall retain its priority date as established under RCW 90.03.345.

       (c) Any existing minimum instream flow set by rule of the department that is reduced shall retain its original date of priority as established by RCW 90.03.345 for the revised amount of the minimum instream flow level.

       (3) Before setting minimum instream flows under this section, the department shall engage in government-to-government consultation with affected tribes in the management area regarding the setting of such flows.

       (4) Nothing in this chapter either: (a) Affects the department's authority to establish flow requirements or other conditions under RCW 90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other conditions in a current license for a hydroelectric power project licensed under the federal power act.

       (5) If the planning unit is unable to obtain unanimity under subsection (1) of this section, the department may adopt rules setting such flows.

       NEW SECTION. Sec. 5. WATER QUALITY. If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:

       (1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;

       (2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;

       (3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;

       (4) An examination of any total maximum daily load established for nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under section 2 of this act.

       (5) An examination of existing data related to the impact of fresh water on marine water quality;

       (6) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under section 2 of this act; and

       (7) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.

       This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.

       NEW SECTION. Sec. 6. HABITAT. If the initiating governments choose to include a habitat component, the watershed plan shall be coordinated or developed to protect or enhance fish habitat in the management area. Such planning must rely on existing laws, rules, or ordinances created for the purpose of protecting, restoring, or enhancing fish habitat, including the shoreline management act, chapter 90.58 RCW, the growth management act, chapter 36.70A RCW, and the forest practices act, chapter 76.09 RCW. Planning established under this section shall be integrated with strategies developed under other processes to respond to potential and actual listings of salmon and other fish species as being threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. Where habitat restoration activities are being developed under chapter . . ., Laws of 1998 (Engrossed Substitute House Bill No. 2496), such activities shall be relied on as the primary nonregulatory habitat component for fish habitat under this chapter.

       NEW SECTION. Sec. 7. IDENTIFICATION OF PROJECTS AND ACTIVITIES. The planning unit shall review historical data such as fish runs, weather patterns, land use patterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural resource management or enhancement in the management area and the products or status of those that have been initiated but not completed for such management in the management area, and incorporate their products as appropriate so as not to duplicate the work already performed or underway.

       The planning group is encouraged to identify projects and activities that are likely to serve both short-term and long-term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall give consideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first.

       NEW SECTION. Sec. 8. PLAN PARAMETERS. (1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter 90.14 RCW or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before the effective date of this section or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before the effective date of this section; (d) affect or interfere with an ongoing general adjudication of water rights; (e) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; (f) modify or require the modification of activities or actions taken or intended to be taken under a habitat restoration work schedule developed under chapter . . ., Laws of 1998 (Engrossed Substitute House Bill No. 2496); or (g) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are: (i) Part of an approved habitat conservation plan and an incidental take permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under section 3, 5, or 6 of this act shall take into consideration such activities and actions and those taken under the forest practices rules, including watershed analysis adopted under the forest practices act, chapter 76.09 RCW.

       (2) Watershed planning developed and approved under this chapter shall not change existing local ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules.

       (3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter 76.09 RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed planning is approved by the counties or the department.

       NEW SECTION. Sec. 9. DECISIONS--HEARINGS--APPROVAL. (1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nongovernmental members of the planning unit.

       (b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond the initial fifty thousand dollars under RCW 90.82.040, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date the funding was first received by the planning unit.

       (c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of the plan for which agreement is achieved using the procedure under (a) of this subsection, or the planning unit may terminate the planning process.

       (2)(a) The legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing on the proposed watershed plan submitted under this section. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed watershed plan for the management area, but may not amend it. Approval of such a proposal shall be made by a majority vote of the members of each of the counties with territory in the management area.

       (b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner provided for the original watershed plan. If approval of the revised plan is not achieved, the process shall terminate.

       (3) The planning unit shall not add an element to its watershed plan that creates an obligation unless each of the governments to be obligated has at least one representative on the planning unit and the respective members appointed to represent those governments agree to adding the element that creates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the element. If the watershed plan is approved under subsections (1) and (2) of this section and the plan creates obligations: (a) For agencies of state government, the obligations are binding on the state agencies, the agencies shall adopt by rule the obligations of both state and county governments and rules implementing the state obligations, and the agencies shall take other actions to fulfill their obligations as soon as possible; or (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessary implementing ordinances and take other actions to fulfill their obligations as soon as possible.

       (4) As used in this section, "obligation" means any action required as a result of this chapter that imposes upon a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources; or a change of existing policy.

       NEW SECTION. Sec. 10. PERMIT PROCESSING. Nothing in this chapter may be interpreted as authorizing or directing the department to establish a moratorium on the investigation of and decisions on applications for permits for the withdrawal of surface water or ground water, or changes or transfers of water rights under existing permits.

       NEW SECTION. Sec. 11. A new section is added to chapter 43.27A RCW to read as follows:

       If planning is being conducted under chapter 90.82 RCW or a plan has been adopted under section 9 of this act, the department shall not conduct planning under this chapter that conflicts with the planning being conducted under chapter 90.82 RCW or a plan that has been adopted under section 9 of this act.

       NEW SECTION. Sec. 12. A new section is added to chapter 90.54 RCW to read as follows:

       If planning is being conducted under chapter 90.82 RCW or a plan has been adopted under section 9 of this act, the department shall not conduct planning under this chapter that conflicts with the planning being conducted under chapter 90.82 RCW or a plan that has been adopted under section 9 of this act.

       Sec. 13. RCW 43.27A.090 and 1988 c 127 s 25 are each amended to read as follows:

       The department shall be empowered as follows:

       (1) To represent the state at, and fully participate in, the activities of any basin or regional commission, interagency committee, or any other joint interstate or federal-state agency, committee or commission, or publicly financed entity engaged in the planning, development, administration, management, conservation or preservation of the water resources of the state.

       (2) To prepare the views and recommendations of the state of Washington on any project, plan or program relating to the planning, development, administration, management, conservation and preservation of any waters located in or affecting the state of Washington, including any federal permit or license proposal, and appear on behalf of, and present views and recommendations of the state at any proceeding, negotiation or hearing conducted by the federal government, interstate agency, state or other agency.

       (3) To cooperate with, assist, advise and coordinate plans with the federal government and its officers and agencies, and serve as a state liaison agency with the federal government in matters relating to the use, conservation, preservation, quality, disposal or control of water and activities related thereto.




       (4) To cooperate with appropriate agencies of the federal government and/or agencies of other states, to enter into contracts, and to make appropriate contributions to federal or interstate projects and programs and governmental bodies to carry out the provisions of this chapter.

       (5) To apply for, accept, administer and expend grants, gifts and loans from the federal government or any other entity to carry out the purposes of this chapter and make contracts and do such other acts as are necessary insofar as they are not inconsistent with other provisions hereof.

       (6) To develop and maintain a coordinated and comprehensive state water and water resources related development plan, and adopt, with regard to such plan, such policies as are necessary to insure that the waters of the state are used, conserved and preserved for the best interest of the state. There shall be included in the state plan a description of developmental objectives and a statement of the recommended means of accomplishing these objectives. To the extent the director deems desirable, the plan shall integrate into the state plan, the plans, programs, reports, research and studies of other state agencies. A plan adopted under chapter 90.82 RCW satisfies the requirements of planning under this section.

       (7) To assemble and correlate information relating to water supply, power development, irrigation, watersheds, water use, future possibilities of water use and prospective demands for all purposes served through or affected by water resources development.

       (8) To assemble and correlate state, local and federal laws, regulations, plans, programs and policies affecting the beneficial use, disposal, pollution, control or conservation of water, river basin development, flood prevention, parks, reservations, forests, wildlife refuges, drainage and sanitary systems, waste disposal, water works, watershed protection and development, soil conservation, power facilities and area and municipal water supply needs, and recommend suitable legislation or other action to the legislature, the congress of the United States, or any city, municipality, or to responsible state, local or federal executive departments or agencies.

       (9) To cooperate with federal, state, regional, interstate and local public and private agencies in the making of plans for drainage, flood control, use, conservation, allocation and distribution of existing water supplies and the development of new water resource projects.

       (10) To encourage, assist and advise regional, and city and municipal agencies, officials or bodies responsible for planning in relation to water aspects of their programs, and coordinate local water resources activities, programs, and plans.

       (11) To promulgate such rules and regulations as are necessary to carry out the purposes of this chapter.

       (12) To hold public hearings, and make such investigations, studies and surveys as are necessary to carry out the purposes of the chapter.

       (13) To subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and require the production of any books or papers when the department deems such measures necessary in the exercise of its rule-making power or in determining whether or not any license, certificate, or permit shall be granted or extended.

       Sec. 14. RCW 90.54.040 and 1997 c 32 s 2 are each amended to read as follows:

       (1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which will provide a process for making decisions on future water resource allocation and use. The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use. A plan adopted under chapter 90.82 RCW satisfies the requirements of planning under this section.

       (2) In relation to the management and regulatory programs relating to water resources vested in it, the department is further directed to modify existing regulations and adopt new regulations, when needed and possible, to insure that existing regulatory programs are in accord with the water resource policy of this chapter and the program established in subsection (1) of this section.

       (3) The department is directed to review all statutes relating to water resources which it is responsible for implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or otherwise deficient, it shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of this chapter, and the department is unable to fully perform as provided in subsection (2) of this section, the department is directed to submit statutory modifications to the legislature which, if enacted, would allow the department to carry out such statutes in harmony with this chapter.

       NEW SECTION. Sec. 15. CAPTIONS. As used in this act, captions constitute no part of the law.

       NEW SECTION. Sec. 16. Sections 2 through 10 of this act are each added to chapter 90.82 RCW.

       NEW SECTION. Sec. 17. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."


MOTIONS


      On motion of Senator Morton, the following amendments by Senators Morton and Fraser to the striking amendment by Senators Morton, Rasmussen, Swecker and Fraser were considered simultaneously and adopted:

       On page 3, line 32, after "invite" strike "any affected tribes" and insert "all tribes with reservation land"

       On page 4, line 9, after "and" strike "tribal governments within the management area" and insert "affected tribal governments"

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

      On page 6, line 22, after "authority" strike all material through "RCW" on line 27, and insert "to the greatest extent possible"


MOTION


      On motion of Senator Morton, the following amendments by Senators Morton and Fraser to the striking amendment by Senators Morton, Rasmussen, Swecker and Fraser were considered simultaneously and adopted:

       On page 11, line 37, after "government" strike "the obligations are binding on the state agencies,"

       On page 11, line 39, after "obligations," insert "the obligations on state agencies are binding upon adoption of the obligations into rule,"

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Morton, Rasmussen, Swecker and Fraser, as amended, to Engrossed Substitute House Bill No. 2514.

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


MOTIONS


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

       On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.82.040, 43.27A.090, and 90.54.040; adding new sections to chapter 90.82 RCW; adding a new section to chapter 43.27A RCW; adding a new section to chapter 90.54 RCW; and creating new sections."

      On motion of Senator Morton, the rules were suspended, Engrossed Substitute House Bill No. 2514, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2514, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2514, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.                    Voting nay: Senators Fairley, Kline, Kohl and McAuliffe - 4.         Absent: Senator Prince - 1.    Excused: Senator Stevens - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2514, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2394, by House Committee on Appropriations (originally sponsored by Representatives Alexander, D. Schmidt, H. Sommers, Gardner, Doumit, Lambert and Thompson) (by request of Department of General Administration)

 

Consolidating general administration funds and accounts.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2394 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2394.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2394 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.     Excused: Senator Stevens - 1.               SUBSTITUTE HOUSE BILL NO. 2394, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2831, by House Committee on Appropriations (originally sponsored by Representatives Crouse and Mielke)

 

Requiring electric utilities to unbundle the costs of their assets and operations.


      The bill was read the second time.

MOTION


      Senator Finkbeiner moved that the following amendments by Senators Finkbeiner and Brown be considered simultaneously and be adopted:

       On page 5, line 32, after "utilities;" strike "and"

       On page 5, line 35, after "reliability" insert "; and

       (e) An examination of alternative formats for simple, standardized disclosure of fuel mix, air emissions, and other environmental impacts of coal, hydroelectric, natural gas, nuclear, wind, and other generating resources, including the approaches used by utilities that have offered pilot programs to their customers allowing market access"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Finkbeiner and Brown on page 5, lines 32 and 35, to Engrossed Second Substitute House Bill No. 2831.

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


MOTION


      Senator Fairley moved that the following amendment be adopted:

       On page 6, after line 18, insert the following:

       "NEW SECTION. Sec. 5. Any municipal electric utility formed by a municipality with a population of more than four hundred thousand as of the effective date of this section shall submit a report to its governing body by December 1, 1998, with the following information:

       (1) The ratio of the municipal electric utility's customers to its employees as of the effective date of this section, and the changes in the ratio that have occurred over the previous ten years; and

       (2) The annual sources of funding and the amount of annual expenditures, including federal funds, by the municipal electric utility on conservation, renewable resources, and low-income weatherization and energy bill-paying assistance programs during the previous ten years. This part of the report shall describe: (i) the amount of electricity saved by such conservation programs; (ii) the overhead costs to the municipal electric utility to administer such programs, including but not limited to amounts expended by other municipal departments and nonprofit entities in administering such programs; and (iii) for low-income weatherization programs, the overhead cost per unit weatherized as compared to the overhead costs of comparable programs administered by the state. "

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Fairley on page 6, after line 18, to Engrossed Second Substitute House Bill No. 2831.

      The motion by Senator Fairley carried and the amendment was adopted.


MOTION


      On motion of Senator Finkbeiner, the rules were suspended, Engrossed Second Substitute House Bill No. 2831, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2831, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2831, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 42.      Voting nay: Senators Fraser, Jacobsen, Kohl, McAuliffe and Wojahn - 5.           Absent: Senators Prentice and Thibaudeau - 2.      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2831, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PARLIAMENTARY INQUIRY


      Senator Johnson: “Mr. President, I rise to a point of parliamentary inquiry. Based upon precedent, would it be the Lieutenant Governor's opinion that if the Senate has made a measure a special order of business shortly before 5:00 p.m. today, and is considering another measure at the time of the special order, that the Senators after having dealt with the special order, might return to one measure previously, notwithstanding the 5:00 p.m. cutoff?”

REPLY BY THE PRESIDENT


      President Owen: “The President believes that has been the practice of the Senate over the last several years. However, the President also believes that it would be appropriate that prior to the next session a rule be drafted that would explain that clearly, so as to not have to respond to that question in the future.”

      Senator Johnson: “The point is well taken, Mr. President.”


SPECIAL ORDER OF BUSINESS.


      On motion of Senator Johnson, Engrossed Second Substitute House Bill No. 2395 will be made a special order of business at 4:55 p.m. today.


SECOND READING


      HOUSE BILL NO. 2542, by Representatives Mulliken, Thompson, Cairnes, DeBolt, McMorris , Sherstad, Koster, Mielke, Sump, Bush, Johnson, D. Sommers and Schoesler

 

Allowing rural counties to remove themselves and their cities from planning requirements under the growth management act.


      The bill was read the second time.

MOTION


      Senator Anderson moved that the following Committee on Government Operations amendment not be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 36.70A.040 and 1995 c 400 s 1 are each amended to read as follows:

       (1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more than ten percent in the previous ten years or, on or after May 16, 1995, has had its population increase by more than seventeen percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall ((conform with all of the requirements of this chapter)) plan under this section. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements ((of adopting comprehensive land use plans and development regulations under this chapter)) to plan under this section if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.

       Once a county meets either of these sets of criteria, the requirement to ((conform with all of the requirements of this chapter)) plan under this section remains in effect, even if the county no longer meets one of these sets of criteria.

       (2) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention ((to have subsection (1) of this section apply to)) that the county plan under this section. Each city, located in a county that ((chooses to plan)) adopts a resolution under this subsection, shall ((conform with all of the requirements of this chapter)) plan under this section. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this ((chapter)) section, unless the county removes itself, and the cities located within the county, from the requirement to plan under this section under the procedures in subsection (7) of this section.

       (3) Any county or city that is initially required to ((conform with all of the requirements of this chapter)) plan under ((subsection (1) of)) this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (4) Any county or city that is required to ((conform with all the requirements of this chapter)) plan under this section, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, and the county has not removed itself, and the cities located within the county, from the requirement to plan under this section under the procedures in subsection (7) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (5) If the office of financial management certifies that the population of a county that ((previously had not been required to)) does not plan under ((subsection (1) or (2) of)) this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.

       (7) The county legislative authority of any county with a population of less than fifty thousand that is required to plan by reason of adopting a resolution under subsection (2) of this section, and any county with a population of less than fifty thousand that at any time has had the authority to remove itself from the requirements of this chapter by adoption of a resolution under subsection (1) of this section, may remove the county and the cities located within the county from the requirement to plan under this section under the procedures in this subsection.

       (a) By December 31, 1998, the county legislative authority, by majority vote, may adopt a resolution stating its intent to remove the county, and the cities located within the county, from the requirement to plan under this section and submit the resolution to the cities located within the county.

       (b) If the county has three or more cities, the county and the cities located within the county are no longer subject to the requirement to plan:

       (i) If within sixty days of submission of the resolution of intent, a majority of the cities representing at least sixty percent of the cities' population in the county adopt a resolution concurring in the resolution of the county; or

       (ii) If the cities do not concur within sixty days under (b)(i) of this subsection:

       (A) If the county legislative authority, by unanimous vote, adopts a resolution removing itself and the cities located within the county from the requirement to plan under this section; or

       (B) If a resolution removing the county and the cities located within the county from the requirement to plan under this section is submitted to and approved by a majority of the registered voters in the county at the next general election.

       (c) If the county has fewer than three cities, the county and the cities located within the county are no longer subject to the requirement to plan:

       (i) If within sixty days of submission of the resolution of intent, all of the cities adopt a resolution concurring in the resolution of the county; or

       (ii) If the cities do not concur within sixty days under (c)(i) of this subsection:

       (A) If the county legislative authority, by unanimous vote, adopts a resolution removing itself and the cities located within the county from the requirement to plan under this section; or

       (B) If a resolution removing the county and the cities located within the county from the requirement to plan under this section is submitted to and approved by a majority of the registered voters in the county at the next general election.

       (d) A county, and the cities located within the county, that are no longer required to plan under this section remain subject to the requirements for the designation and protection of critical areas and the designation of natural resource lands under RCW 36.70A.060(2), 36.70A.170, and 36.70A.172.

       NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

       If a resolution is adopted or approved under RCW 36.70A.040(7) removing the county and the cities located within the county from the requirement to plan under this chapter, any claim pending before a board or court that relates to the requirement to plan under this chapter is moot and the claim shall be dismissed.

       NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      The President declared the question before the Senate to be the motion by Senator Anderson that the Committee on Government Operations striking amendment to House Bill No. 2542 not be adopted.

      The motion by Senator Anderson carried and the committee striking amendment to House Bill No. 2542 was not adopted.


MOTION


      Senator Anderson moved that the following amendment by Senators Anderson and Tim Sheldon be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 36.70A.040 and 1995 c 400 s 1 are each amended to read as follows:

       (1) Each county that has:

       (a) Both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more than ten percent in the previous ten years or, ((on or after)) beginning May 16, 1995, through June 30, 1998, has had its population increase by more than seventeen percent in the previous ten years((,)); or

       (b) On or after July 1, 1998, has both a population of sixty thousand or more and has had its population increase by more than seventeen percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall ((conform with all of the requirements of this chapter)) plan under this section. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements ((of adopting comprehensive land use plans and development regulations under this chapter)) to plan under this section if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.

       Once a county meets either of these sets of criteria, the requirement to ((conform with all of the requirements of this chapter)) plan under this section remains in effect, even if the county no longer meets one of these sets of criteria.

       (2) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention ((to have subsection (1) of this section apply to)) that the county plan under this section. Each city, located in a county that ((chooses to plan)) adopts a resolution under this subsection, shall ((conform with all of the requirements of this chapter)) plan under this section. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this ((chapter)) section, unless the county removes itself, and the cities located within the county, from the requirement to plan under this section under the procedures in subsection (7) of this section.

       (3) Any county or city that is initially required to ((conform with all of the requirements of this chapter)) plan under ((subsection (1) of)) this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (4) Any county or city that is required to ((conform with all the requirements of this chapter)) plan under this section, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, and the county has not removed itself, and the cities located within the county, from the requirement to plan under this section under the procedures in subsection (7) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (5) If the office of financial management certifies that the population of a county that ((previously had not been required to)) does not plan under ((subsection (1) or (2) of)) this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

       (6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.

       (7) The county legislative authority of any county with a population of less than fifty thousand that is required to plan by reason of adopting a resolution under subsection (2) of this section, and any county with a population of less than fifty thousand that at any time has had the authority to remove itself from the requirements of this chapter by adoption of a resolution under subsection (1) of this section, may remove the county and the cities located within the county from the requirement to plan under this section under the procedures in this subsection.

       (a) By December 31, 1998, the county legislative authority, by majority vote, may adopt a resolution stating its intent to remove the county, and the cities located within the county, from the requirement to plan under this section and submit the resolution to the cities located within the county.

       (b) If the county has two or more cities, the county and the cities located within the county are no longer subject to the requirement to plan:

       (i) If within sixty days of submission of the resolution of intent, a majority of the cities adopt resolutions concurring in the resolution of the county; or

       (ii) If the cities do not concur within sixty days under (b)(i) of this subsection, if a resolution removing the county and the cities located within the county from the requirement to plan under this section is submitted to and approved by a majority of the registered voters in the county at the next general election.

       (c) If the county has one city, the county and the city located within the county are no longer subject to the requirement to plan:

       (i) If within sixty days of submission of the resolution of intent, the city adopts a resolution concurring in the resolution of the county; or

       (ii) If the city does not concur within sixty days under (c)(i) of this subsection, if a resolution removing the county and the city located within the county from the requirement to plan under this section is submitted to and approved by a majority of the registered voters in the county at the next general election.

       (d) A county, and the cities located within the county, that are no longer required to plan under this section remain subject to the requirements for the designation and protection of critical areas and the designation of natural resource lands under RCW 36.70A.060(2), 36.70A.170, and 36.70A.172.

       NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

       If a resolution is adopted or approved under RCW 36.70A.040(7) removing the county and the cities located within the county from the requirement to plan under this chapter, any claim pending before a board or court that relates to the requirement to plan under this chapter is moot and the claim shall be dismissed.

       NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


MOTION


      Senator Haugen moved that the following amendment to the striking amendment by Senators Anderson and Tim Sheldon be adopted:

       On page 4, beginning on line 19 of the striking amendment, strike everything from "and any county" through "section," on line 22

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 4, beginning on line 19, to the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted


MOTION


      Senator Haugen moved that the following amendment to the striking amendment by Senators Anderson and Tim Sheldon be adopted:

       On page 4, line 24 of the striking amendment, after "subsection." insert "This subsection shall not apply to a county containing in whole or in part rivers or streams providing habitat for salmon species that are listed or proposed for listing under the federal endangered species act."

      Debate ensued.

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      Further debate ensued.


MOTION


      On motion of Senator Franklin, Senator Loveland was excused.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Haugen on page 4, line 24, to the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.


ROLL CALL


      The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Spanel, Thibaudeau and Wojahn - 19.   Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 29.     Excused: Senator Loveland - 1.MOTION


      Senator Haugen moved that the following amendment to the striking amendment by Senators Anderson and Tim Sheldon be adopted:

       On page 4, line 32 of the striking amendment, delete everything beginning with ":" through "election." on page 5, line 12, and insert "if within sixty days of submission of the resolution of intent, a majority of the cities adopt resolutions concurring in the resolution of the county. If the county has one city, the county and the city located within the county are no longer subject to the requirement to plan if within sixty days of submission of the resolution of intent, the city adopts a resolution concurring in the resolution of the county."

       Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 4, line 32, to the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted.


MOTION


      Senator Haugen moved that the following amendments to the striking amendment by Senators Anderson and Tim Sheldon be considered simultaneously and be adopted:

      On page 5, on line 22 of the striking amendment, delete "this chapter" and insert "RCW 36.70A.040"

       On page 5, line 23 of the striking amendment, after "under" delete "this chapter" and insert "RCW 36.70A.040"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Haugen on page 5, lines 22 and 23, to the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.

      The motion by Senator Haugen failed and the amendments to the striking amendment were not adopted.


MOTION


      Senator Haugen moved that the following amendment to the striking amendment by Senators Anderson and Tim Sheldon be adopted:

       On page 5, after line 24 of the striking amendment, delete everything through "immediately." on line 28

       Renumber the sections consecutively and correct any internal references accordingly.

       Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Haugen on page 5, line 24, to the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.

      The motion by Senator Haugen failed and the amendment to the striking amendment was not adopted.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Anderson and Tim Sheldon to House Bill No. 2542.

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


MOTIONS


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

       On page 1, line 3 of the title, after "act;" strike the remainder of the title and insert "amending RCW 36.70A.040; adding a new section to chapter 36.70A RCW; and declaring an emergency."

      On motion of Senator Anderson, the rules were suspended, House Bill No. 2542, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2542, as amended by the Senate.


POINT OF ORDER


      Senator Spanel: “A point of order, Mr. President, I don't believe you asked for any debate. You immediately went to the roll call and I--.”


REPLY BY THE PRESIDENT


      President Owen: “We are in the middle of a roll call Senator Spanel. Your point is out of order at this time.”


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2542, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30.   Voting nay: Senators Bauer, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 18.      Excused: Senator Loveland - 1.      HOUSE BILL NO. 2542, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


      Senator Spanel: “I rise to a point of personal privilege. Mr. President, I know that in the last hours of the last day of cutoff things get very hurried, but I am very disappointed that there was no debate on this last bill. I think that the President has usually asked, 'Are there any remarks or any further remarks,' and I did not hear that and I don't believe any others around me did either and we were paying close attention. So I would ask that, at least, on further bills we do have time allowed for debate.”


REPLY BY THE PRESIDENT


      President Owen: “Senator Spanel, I appreciate your point, but I will make it crystal clear. The President does the same thing every time. He points out that we are on final passage of such and such bill and I look around to see if anybody is standing or stands or is ready to stand to speak. I did exactly the same thing at that point and none of those factors were in play at the time, so I called for the vote. Once the vote has started, the vote cannot be interrupted, which was the case in this case. I appreciate your point and I will watch more closely, but I would urge the members to be prepared to stand up and speak at that point.”


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2880, by House Committee on Appropriations (originally sponsored by Representatives Clements, Dickerson, Backlund, Gombosky, Parlette, Gardner and Delvin)

 

Creating a task force on agency vendor contracting practices.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the practice of engaging nonprofit entities to provide social services by use of fee-for-services and/or client services contracts has become necessary to effective state agency operations. The legislature further finds that there is a need to fundamentally examine how state contracts of this type are managed. Thus, the legislature intends that a comprehensive study take place that will identify methods for improving state-wide practices relating to fee-for-services and client services contracts.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this act, unless the context clearly requires otherwise.

       (1) "Agency" means every state office, department, division, bureau, board, committee, or other state agency.

       (2) "Task force" means the task force on agency vendor contracting practices.

       (3) "Contractor" means any nonprofit entity holding a fee-for-services and/or client services contract or grant for the provision of social services with the state of Washington, as defined in chapter 39.29 RCW.

       (4) "Contract" means any fee-for-services and/or client services contract or grant for the provision of social services as defined in chapter 39.29 RCW.

       NEW SECTION. Sec. 3. A task force on agency vendor contracting practices is established. The task force shall be convened by the office of financial management and shall be composed of nine members to be appointed by the director of the office of financial management. Two members of the task force shall be chosen as representatives of contractors. Two members of the task force shall be chosen for their personal work experiences as state employees responsible for administering contracts. All other task force members shall be selected for their knowledge and experience with state agency practices governing contracts. The director of the office of financial management shall appoint a chair from among the members of the task force. The task force shall invite and incorporate the participation of interested legislative members.

       NEW SECTION. Sec. 4. (1) The task force shall review and propose legislative and administrative recommendations for the following issues:

       (a) The adequacy of chapter 39.29 RCW in governing agency contract management. Such a review shall include, but is not limited to, whether the exemptions contained in RCW 39.29.040 (4) and (6) are appropriate in maintaining agency oversight and accountability for moneys used to engage contractors;

       (b) Process improvements that ensure adequacy of contract oversight and provide accountability for taxpayer moneys, including the specific roles of the office of financial management and other state agencies in ensuring the accountability of public funds;

       (c) The appropriate level of state reimbursement which will determine which contractors are eligible to be audited by the office of the state auditor using his/her authority under RCW 43.88.570. The task force shall additionally recommend appropriate funding resources for the office of the state auditor to exercise its authority to audit nonprofit corporations who provide personal services to a state agency or to clients of a state agency, under chapter 43.09 RCW, and nongovernmental entities under RCW 43.88.570;

       (d) Whether uniform contract guidelines as exemplified by those adopted in other states, such as Texas, are appropriate or necessary, and the adequacy of current contract requirements and practices for contractor selection and award, contract compliance with state and federal standards, contract management and monitoring, accounting methods, payment mechanisms, postcontract procedures, contract legal remedies and performance audits, sanctions to ensure contract compliance, and financial reporting.

       (2) The task force may utilize a cost-benefit analysis in preparing its recommendations. The task force shall develop proposed procedures, policies, and guidelines, and, if necessary, proposed legislation or administrative rules, to address the issues of its review.

       NEW SECTION. Sec. 5. The task force, where feasible, shall collaborate with individuals from the public and private sector and may ask such persons to establish an advisory committee. Agencies shall cooperate with the office of financial management and provide the task force with support and assistance necessary to carry out the purposes of this act. The task force may consider the suggestions of agencies in preparing its recommendations, including any findings and information provided by the joint legislative audit and review committee.

       NEW SECTION. Sec. 6. The task force, where feasible, shall use office of financial management staff and facilities. The office of financial management may hire additional staff with specific technical expertise if such expertise is necessary to carry out the mandates of the study in this act. Each member of the task force is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

       NEW SECTION. Sec. 7. By November 1, 1999, the task force shall report its findings to the director of financial management, to the house of representatives vendor contracting and services select committee or to the most appropriate house of representatives standing committee in the event that the vendor contracting and services select committee no longer exists, and to the senate committee on government operations.

       NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 9. This act expires January 1, 2000.

       NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."


MOTIONS


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

       On page 1, line 2 of the title, after "guidelines;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

      On motion of Senator McCaslin, the rules were suspended, Engrossed Second Substitute House Bill No. 2880, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2880, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2880, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46.   Voting nay: Senators Franklin and Thibaudeau - 2.              Excused: Senator Loveland - 1.      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2880, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2881, by House Committee on Appropriations (originally sponsored by Representatives Clements, Dickerson, Parlette, Gombosky, Backlund, Gardner, Delvin, O'Brien and Lambert)

 

Auditing state contractors.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the state auditor lacks the needed authority to investigate the finances of state nongovernmental contractors. The legislature further finds that current contract oversight and management procedures cannot ensure that services under contract are delivered effectively and efficiently. Therefore, the legislature intends to enhance the authority of the state auditor to audit entities that provide services to the state or its clients under contract with state agencies.

       Sec. 2. RCW 43.88.570 and 1997 c 374 s 3 are each amended to read as follows:

       (1) Each state agency shall submit a report to the office of the state auditor listing each nongovernment entity that received over three hundred thousand dollars in state moneys during the previous fiscal year under contract with the agency for purposes related to the provision of social services. The report must be submitted by September 1 each year, and must be in a form prescribed by the office of the state auditor.

       (2) The office of the state auditor shall select ((two groups of entities from the reports for audit as follows:

       (a) The first group shall be selected)) at random a group of entities from the reports using a procedure prescribed by the office of the state auditor. The office of the state auditor shall ensure that the number of entities selected under this subsection (2)(((a))) each year is sufficient to ensure a statistically representative sample of all reported entities.

       (((b) The second group shall be selected based on a risk assessment of entities conducted by the office of the state auditor in consultation with state agencies. The office of the state auditor shall consider, at a minimum, the following factors when conducting risk assessments: Findings from previous audits; decentralization of decision making and controls; turnover in officials and key personnel; changes in management structure or operations; and the presence of new programs, technologies, or funding sources.))

       (3) Each entity selected under subsection (2) of this section shall be required to complete a comprehensive entity-wide audit in accordance with generally accepted government auditing standards. The audit shall be completed by, or under the supervision of, a certified public accountant licensed in this state. The audit shall determine, at a minimum, whether:

       (a) The financial statements of the entity are presented fairly in all material respects in conformity with generally accepted accounting principles;

       (b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial statements taken as a whole;

       (c) Internal accounting controls exist and are effective; and

       (d) The entity has complied with laws, regulations, and contract and grant provisions that have a direct and material effect on performance of the contract and the expenditure of state moneys.

       (4) The office of the state auditor shall also select a second group based on a risk assessment of entities conducted by the office of the state auditor in consultation with state agencies. The office of the state auditor shall consider, at a minimum, the following factors when conducting risk assessments: Findings from audits of entities under contract with the state to provide services for the same state or federal program; findings from previous audits; decentralization of decision making and controls; turnover in officials and key personnel; changes in management structure or operations; and the presence of new programs, technologies, or funding sources.

       (5) The office of the state auditor is required to complete a comprehensive entity-wide audit, in accordance with generally accepted government auditing standards, of each entity selected under subsection (4) of this section. The office of the state auditor may procure the services of a certified public accountant to perform such an audit, as set forth under RCW 43.09.045. The audit shall determine, at a minimum, whether:

       (a) The financial statements of the entity are presented fairly in all material respects in conformity with generally accepted accounting principles;

       (b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial statements taken as a whole;

       (c) Internal accounting controls exist and are effective; and

       (d) The entity has complied with statutes, rules, regulations, and contract and grant provisions that have a direct and material effect on performance of the contract and the expenditure of state moneys.

       (6) The office of the state auditor shall prescribe policies and procedures for the conduct of audits under this section. The office of the state auditor shall deem single audits completed in compliance with federal requirements to be in fulfillment of the requirements of this section if the audit meets the requirements of subsection (3)(a) through (d) or subsection (5)(a) through (d) of this section. If the entity is selected under subsection (4) of this section, the office of the state auditor shall review the single audit to determine if there is evidence of misuse of public moneys.

       (((5))) (7) Completed audits must be delivered to the office of the state auditor and the state agency by April 1 in the year following the selection of the entity for audit. Entities must resolve any findings contained in the audit within six months of the delivery of the audit. Entities may not enter into new contracts with state agencies until all major audit findings are resolved.

       (((6))) (8) Nothing in this section limits the authority of the state auditor to carry out statutorily and contractually prescribed powers and duties.

       NEW SECTION. Sec. 3. A new section is added to chapter 43.09 RCW to read as follows:

       The state auditor may, where there is reasonable cause to believe that a misuse of state moneys has occurred, conduct an audit of financial and legal compliance of any entity that receives public moneys through contract or grant in return for services. This authority includes examinations of not-for-profit corporations who provide personal services to a state agency or to clients of a state agency. Such a financial audit shall be performed in a manner consistent with this chapter, and may be performed according to an agreed upon procedures engagement as in the existing 1998 standards of the American institute of certified public accountants professional standards section 600.

       The state auditor may charge the contracting agency, whether state or local, for the costs of an audit of a not-for-profit corporation that receives public moneys through contract or grant in return for services. Any contracting agency that is responsible to the state auditor for such costs shall use due diligence to recover costs from the audited entity.

       NEW SECTION. Sec. 4. A new section is added to chapter 43.09 RCW to read as follows:

       If after a financial audit of an entity that receives public moneys under contract or grant in return for services, there is reasonable cause to believe that a criminal misuse of public moneys has occurred, the office of the state auditor, within thirty days from receipt of the report, shall deliver a copy of the report to the appropriate local prosecuting authority.

       NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."

MOTIONS


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

       On page 1, line 2 of the title, after "auditor;" strike the remainder of the title and insert "amending RCW 43.88.570; adding new sections to chapter 43.09 RCW; and creating new sections."

      On motion of Senator McCaslin, the rules were suspended, Engrossed Second Substitute House Bill No. 2881, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2881, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2881, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 47.        Voting nay: Senators Thibaudeau and Wojahn - 2.               ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2881, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2417, by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Pennington, Mielke, Hatfield, Doumit, Ogden, Carlson, Alexander and Hankins)

 

Authorizing local vehicle license fees adopted to fund transportation projects.


      The bill was read the second time.

MOTION


      Senator Zarelli moved that the following Committee on Transportation amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 82.80.020 and 1996 c 139 s 4 are each amended to read as follows:

       (1) The legislative authority of a county, or subject to subsection (7) of this section, a qualifying city or town located in a county that has not imposed a fifteen-dollar fee under this section, may fix and impose an additional fee, not to exceed fifteen dollars per vehicle, for each vehicle that is subject to license fees under RCW 46.16.060 and for each vehicle that is subject to RCW 46.16.070 with an unladen weight of six thousand pounds or less, and that is determined by the department of licensing to be registered within the boundaries of the county.

       (2) The department of licensing shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected, for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer for monthly distribution under RCW 82.80.080.

       (3) The proceeds of this fee shall be used strictly for transportation purposes in accordance with RCW 82.80.070.

       (4) A county or qualifying city or town imposing this fee or initiating an exemption process shall delay the effective date at least six months from the date the ordinance is enacted to allow the department of licensing to implement administration and collection of or exemption from the fee.

       (5) The legislative authority of a county or qualifying city or town may develop and initiate an exemption process of the fifteen dollar fee for the registered owners of vehicles residing within the boundaries of the county or qualifying city or town: (a) Who are sixty-one years old or older at the time payment of the fee is due and whose household income for the previous calendar year is less than an amount prescribed by the county or qualifying city or town legislative authority((,)); or (b) who ((has)) have a physical disability.

       (6) The legislative authority of a county or qualifying city or town shall develop and initiate an exemption process of the fifteen-dollar fee for vehicles registered within the boundaries of the county that are licensed under RCW 46.16.374.

       (7) For purposes of this section, a "qualifying city or town" means a city or town residing within a county having a population of greater than seventy-five thousand in which is located all or part of a national monument. A qualifying city or town may impose the fee authorized in subsection (1) of this section subject to the following conditions and limitations:

       (a) The city or town may impose the fee only if authorized to do so by a majority of voters voting at a general or special election on a proposition for that purpose. At a minimum, the ballot measure shall contain: (i) A description of the transportation project proposed for funding, properly identified by mileposts or other designations that specify the project parameters; (ii) the proposed number of months or years necessary to fund the city or town's share of the project cost; and (iii) the amount of fee to be imposed for the project.

       (b) The city or town may not impose a fee that, if combined with the county fee, exceeds fifteen dollars. If a county imposes or increases a fee under this section that, if combined with the fee imposed by a city or town, exceeds fifteen dollars, the city or town fee shall be reduced or eliminated as needed so that in no city or town does the combined fee exceed fifteen dollars. All revenues from county-imposed fees shall be distributed as called for in RCW 82.80.020.

       (c) Any fee imposed by a city or town under this section shall expire at the end of the term of months or years provided in the ballot measure, or when the city or town's bonded indebtedness on the project is retired, whichever is sooner.

       (8) The fee imposed under subsection (7) of this section shall apply only to renewals and shall not apply to ownership transfer transactions.

       Sec. 2. RCW 82.80.080 and 1990 c 42 s 213 are each amended to read as follows:

       (1) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020, levied by counties to the levying counties, and cities contained in those counties, based on the relative per capita population. County population for purposes of this section is equal to one and one-half of the unincorporated population of the county. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the departments of licensing and revenue, as appropriate.

       (2) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020 levied by qualifying cities and towns to the levying cities and towns."


POINT OF ORDER


      Senator Haugen: “Mr. President, I rise to a point of order. This bill came over after the cutoff and I am not opposing, necessarily, acting on it, but I just wonder what happens in a situation where we have a bill out here that came over after the cutoff?”


MOTION


      On motion of Senator Johnson, and there being no objection, further consideration of Engrossed Substitute House Bill No. 2417 was deferred.

MOTION


      Senator Bauer moved that the Senate immediately consider House Bill No. 1405.

      Senator Johnson objected to the motion to immediately consider House Bill No. 1405.

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

      The President declared the question before the Senate to be the roll call on the motion by Senator Bauer to immediately consider House Bill No. 1405.

ROLL CALL


      The Secretary called the roll and the motion to immediately consider House Bill No. 1405 failed by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.              Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.

SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2761, by House Committee on Children and Family Services (originally sponsored by Representatives Carrell, Wolfe, B. Thomas, Cooke, Boldt, Smith, Gombosky, Talcott, D. Schmidt, D. Sommers, McDonald and Backlund)

 

Revising provisions relating to at-risk youth.


      The bill was read the second time.

MOTION


      Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:


      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals. The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact-finder, to protect the interests of all parties. The legislature intends and recognizes that children affected by the provisions of this act are not children whose mental health or substance abuse problems are adequately addressed by chapters 70.96A and 71.34 RCW. Therefore the legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters 70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children.

       The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures.


PART I - MENTAL HEALTH


       Sec. 2. RCW 71.34.010 and 1992 c 205 s 302 are each amended to read as follows:

       It is the purpose of this chapter to ((ensure)) assure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((from)) including prevention and early intervention ((to)), self-directed care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services.

       It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ((ensure)) assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.

       It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter.

       Sec. 3. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:

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

       (1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

       (2) "Children's mental health specialist" means:

       (a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and

       (b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

       (3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.

       (4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.

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

       (6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.

       (7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.

       (8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

       (9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.

       (10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.

       (11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.

       (12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

       (13) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.

       (((13))) (14) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.

       (((14))) (15) "Minor" means any person under the age of eighteen years.

       (((15))) (16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).

       (((16))) (17) "Parent" means:

       (a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or

       (b) A person or agency judicially appointed as legal guardian or custodian of the child.

       (((17))) (18) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.


       (((18))) (19) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

       (((19))) (20) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.

       (((20))) (21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.

       (((21))) (22) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.

       (((22))) (23) "Secretary" means the secretary of the department or secretary's designee.

       (((23))) (24) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.

       Sec. 4. RCW 71.34.025 and 1995 c 312 s 56 are each amended to read as follows:

       (1) ((The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission. The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

       (2))) The department shall ((ensure)) assure that, for any minor admitted to inpatient treatment under section 11 of this act, a review is conducted ((no later than sixty days)) by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 11(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

       If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

       (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

       (2) In making a determination under subsection (1) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination.

       (3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

       (4) If the evaluation conducted under section 11 of this act is done by the department, the reviews required by subsection (1) of this section shall be done by contract with an independent agency.

       (5) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

       (6) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.

       NEW SECTION. Sec. 5. A new section is added to chapter 71.34 RCW to read as follows:

       For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.


PART II - VOLUNTARY MENTAL HEALTH OUTPATIENT TREATMENT


       Sec. 6. RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

       (((1))) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

       (((2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

       (a) A minor may be voluntarily admitted by application of the parent. The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

       (b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

       (i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

       (ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

       (iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

       (iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

       (v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

       (vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.

       (vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

       (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.

       (d) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

       (3) A notice of intent to leave shall result in the following:

       (a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.

       (b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

       (c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

       (d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.

       (4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.))

       NEW SECTION. Sec. 7. For the purpose of gathering information related to parental notification of outpatient mental health treatment of minors, the department of health shall conduct a survey of providers of outpatient treatment, as defined in chapter 71.34 RCW. The survey shall gather information from a statistically valid sample of providers. In accordance with confidentiality statutes and the physician-patient privilege, the survey shall secure information from the providers related to:

       (1) The number of minors receiving outpatient treatment;

       (2) The number of parents of minors in treatment notified of the minor's treatment;

       (3) The average number of outpatient visits prior to parental notification;

       (4) The average number of treatments with parental notification;

       (5) The average number of treatments without parental notification;

       (6) The percentage of minors in treatment who are prescribed medication;

       (7) The medication prescribed;

       (8) The number of patients terminating treatment due to parental notification; and

       (9) Any other pertinent information.

       The department shall submit the survey results to the governor and the appropriate committees of the legislature by December 1, 1998.

       This section expires June 1, 1999.


PART III - VOLUNTARY MENTAL HEALTH INPATIENT TREATMENT


       NEW SECTION. Sec. 8. A new section is added to chapter 71.34 RCW to read as follows:

       (1) A minor thirteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment.

       (2) When, in the judgment of the professional person in charge of an evaluation and treatment facility, there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility.

       (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

       NEW SECTION. Sec. 9. A new section is added to chapter 71.34 RCW to read as follows:

       The administrator of the treatment facility shall provide notice to the parents of a minor when the minor is voluntarily admitted to inpatient treatment under section 8 of this act. The notice shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent: (1) That the minor has been admitted to inpatient treatment; (2) of the location and telephone number of the facility providing such treatment; (3) of the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent; and (4) of the medical necessity for admission.

       NEW SECTION. Sec. 10. A new section is added to chapter 71.34 RCW to read as follows:

       (1) Any minor thirteen years or older voluntarily admitted to an evaluation and treatment facility under section 8 of this act may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

       (2) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

       (3) The professional person shall discharge the minor, thirteen years or older, from the facility upon receipt of the minor's notice of intent to leave.


PART IV - PARENT-INITIATED MENTAL HEALTH TREATMENT


       NEW SECTION. Sec. 11. A new section is added to chapter 71.34 RCW to read as follows:

       (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.

       (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

       (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

       (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.

       (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

       (6) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.

       NEW SECTION. Sec. 12. A new section is added to chapter 71.34 RCW to read as follows:

       (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a mental disorder and is in need of outpatient treatment.

       (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.

       (3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.

       (4) Any minor admitted to inpatient treatment under section 8 or 11 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.

       NEW SECTION. Sec. 13. A new section is added to chapter 71.34 RCW to read as follows:

       Following the review conducted under RCW 71.34.025, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.

       NEW SECTION. Sec. 14. A new section is added to chapter 71.34 RCW to read as follows:

       If the minor is not released as a result of the petition filed under section 13 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 71.34.025(2); or (2) the filing of a petition for judicial review under section 13 of this act, unless a professional person or the county designated mental health professional initiates proceedings under this chapter.

       NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows:

       The ability of a parent to bring his or her minor child to a certified evaluation and treatment program for evaluation and treatment does not create a right to obtain or benefit from any funds or resources of the state. The state may provide services for indigent minors to the extent that funds are available.


PART V - CHEMICAL DEPENDENCY


       Sec. 16. RCW 70.96A.020 and 1996 c 178 s 23 and 1996 c 133 s 33 are each reenacted and amended to read as follows:

       For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

       (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

       (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

       (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

       (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

       (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

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

       (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

       (8) "Director" means the person administering the chemical dependency program within the department.

       (9) "Drug addict" means a person who suffers from the disease of drug addiction.

       (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

       (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

       (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

       (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

       (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

       (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

       (16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

       (17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

       (18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

       (19) "Minor" means a person less than eighteen years of age.

       (((19))) (20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.

       (((20))) (21) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

       (((21))) (22) "Person" means an individual, including a minor.

       (((22))) (23) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

       (24) "Secretary" means the secretary of the department of social and health services.

       (((23))) (25) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

       (((24))) (26) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.


PART VI - VOLUNTARY CHEMICAL DEPENDENCY OUTPATIENT TREATMENT


       Sec. 17. RCW 70.96A.095 and 1996 c 133 s 34 are each amended to read as follows:

       (((1))) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. ((Consent of the parent of a person less than eighteen years of age for inpatient treatment is necessary to authorize the care unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.)) Parental authorization is required for any treatment of a minor under the age of thirteen. ((The parent of a minor is not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the treatment.

       (2) The parent of any minor child may apply to a certified treatment program for the admission of his or her minor child for purposes authorized in this chapter. The consent of the minor child shall not be required for the application or admission. The certified treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.

       (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.))

       NEW SECTION. Sec. 18. A new section is added to chapter 70.96A RCW to read as follows:

       Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.


PART VII - VOLUNTARY CHEMICAL DEPENDENCY INPATIENT TREATMENT


       NEW SECTION. Sec. 19. A new section is added to chapter 70.96A RCW to read as follows:

       Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.

       This section does not apply to petitions filed under this chapter.

       NEW SECTION. Sec. 20. A new section is added to chapter 70.96A RCW to read as follows:

       (1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the parent has joined in the consent to the treatment.

       (2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.


PART VIII - PARENT-INITIATED CHEMICAL DEPENDENCY TREATMENT


       NEW SECTION. Sec. 21. A new section is added to chapter 70.96A RCW to read as follows:

       (1) A parent may bring, or authorize the bringing of, his or her minor child to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the minor is chemically dependent and in need of inpatient treatment.

       (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the program.

       (3) An appropriately trained professional person may evaluate whether the minor is chemically dependent. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the program, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

       (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.

       (5) No minor receiving inpatient treatment under this section may be discharged from the program based solely on his or her request.

       Sec. 22. RCW 70.96A.097 and 1995 c 312 s 48 are each amended to read as follows:

       (1) ((The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission. The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

       (2))) The department shall ensure that, for any minor admitted to inpatient treatment under section 21 of this act, a review is conducted ((no later than sixty days)) by a physician or chemical dependency counselor, as defined in rule by the department, who is employed by the department or an agency under contract with the department and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency counselor shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 21(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

       If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

       (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

       (2) In making a determination under subsection (1) of this section whether it is a medical necessity to release the minor from inpatient treatment, the department shall consider the opinion of the treatment provider, the safety of the minor, the likelihood the minor's chemical dependency recovery will deteriorate if released from inpatient treatment, and the wishes of the parent.

       (3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the professional person in charge. The professional person in charge shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

       (4) The department may, subject to available funds, contract with other governmental agencies for the conduct of the reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

       (5) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.

       NEW SECTION. Sec. 23. A new section is added to chapter 70.96A RCW to read as follows:

       (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a chemical dependency and is in need of outpatient treatment.

       (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.

       (3) The professional person in charge of the program may evaluate whether the minor has a chemical dependency and is in need of outpatient treatment.

       (4) Any minor admitted to inpatient treatment under section 21 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.

       NEW SECTION. Sec. 24. A new section is added to chapter 70.96A RCW to read as follows:

       Following the review conducted under RCW 70.96A.097, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.

       NEW SECTION. Sec. 25. A new section is added to chapter 70.96A RCW to read as follows:

       If the minor is not released as a result of the petition filed under section 24 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 70.96A.097(2); or (2) the filing of a petition for judicial review under section 24 of this act, unless a professional person or the designated chemical dependency specialist initiates proceedings under this chapter.

       NEW SECTION. Sec. 26. A new section is added to chapter 70.96A RCW to read as follows:

       For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.

       NEW SECTION. Sec. 27. It is the purpose of sections 21 and 23 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under chapter 70.96A RCW.

       NEW SECTION. Sec. 28. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 11(3), 12(1), 21(3), and 23(1) of this act.


PART IX - MISCELLANEOUS


       Sec. 29. RCW 7.21.030 and 1989 c 373 s 3 are each amended to read as follows:

       (1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.

       (2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:

       (a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.

       (b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.

       (c) An order designed to ensure compliance with a prior order of the court.

       (d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.

       (e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.

       (3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.

       Sec. 30. RCW 13.32A.250 and 1996 c 133 s 28 are each amended to read as follows:

       (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

       (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

       (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

       (4) A child placed in confinement for contempt under this section shall be placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

       (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

       (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

       Sec. 31. RCW 13.34.165 and 1996 c 133 s 29 are each amended to read as follows:

       (1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e).

       (2) The maximum term of imprisonment that may be imposed as a ((punitive)) remedial sanction for contempt of court under this section is confinement for up to seven days.

       (3) A child imprisoned for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant